This case was last updated from Los Angeles County Superior Courts on 07/07/2019 at 14:11:08 (UTC).

RANDY WOOD ET AL VS KAISER FOUNDATION HEALTH PLAN INC ET AL

Case Summary

On 04/08/2015 RANDY WOOD filed a Personal Injury - Medical Malpractice lawsuit against KAISER FOUNDATION HEALTH PLAN INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are OTHER DISTRICT JUDGE, LAURA A. MATZ, RANDOLPH M. HAMMOCK and CURTIS A. KIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8186

  • Filing Date:

    04/08/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

OTHER DISTRICT JUDGE

LAURA A. MATZ

RANDOLPH M. HAMMOCK

CURTIS A. KIN

 

Party Details

Plaintiff, Petitioner and Guardian Ad Litem

WOOD RANDY

Defendants and Respondents

ALL SAINTS HEALTHCARE

KAISER FOUNDATION HEALTH PLAN INC.

KAISER FOUNDATION HOSPITALS

NORTH HILLS HEALTHCARE AND WELLNESS CEN-

SAN FERNANDO POST ACUTE HOSPITAL

SOUTHERN CALIFORNIA PERMANENTE MEDICAL

GRAND VALLEY HEALTH CARE CENTER

COUNTRY VILLA WOODMAN HEALTHCARE

COUNTRY VILLA SHERATON NURSING AND

NORTH HILLS HEALTHCARE AND WELLNESS

Minor

WOOD ALEXANDER

12 More Parties Available

Attorney/Law Firm Details

Minor, Plaintiff and Petitioner Attorneys

LAW OFFICES OF RICHARD M. KATZ THE

KATZ RICHARD M. LAW OFFICES OF

KATZ RICJHARD M.

KATZ RICHARD MARC

BENDER RON ESQ.

Defendant and Respondent Attorneys

WALKER KATHLEEN M.

LEWIS BRISBOIS BISGAARD & SMITH

LEWIS BRISBOIS BISGAARD & SMITH LLP

WALKER KATHLEEN MARIE

HEWITT STEPHEN LEWIS

HEWITT & TRUSZKOWSKI

 

Court Documents

Legacy Document

4/5/2016: Legacy Document

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

8/19/2016: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Case Management Statement

10/12/2016: Case Management Statement

Minute Order

10/18/2016: Minute Order

Legacy Document

10/18/2016: Legacy Document

Minute Order

10/26/2016: Minute Order

Legacy Document

5/12/2017: Legacy Document

Motion for Summary Judgment

5/12/2017: Motion for Summary Judgment

Order

6/5/2017: Order

Notice of Ruling

6/6/2017: Notice of Ruling

Notice of Ruling

7/5/2017: Notice of Ruling

Minute Order

12/15/2017: Minute Order

Legacy Document

8/10/2018: Legacy Document

Order

9/5/2018: Order

Minute Order

12/17/2018: Minute Order

Petition

6/20/2019: Petition

CIVIL DEPOSIT

5/16/2016: CIVIL DEPOSIT

FIRST AMENDED COMPLAINT FOR DAMAGES (CONCURRENTLY FILED WITH DECLARATION OF RANDY WOOD SUCCESSOR IN INTEREST TO TANIA WOOD) 1. ELDER ABUSE (WRONGFUL DEATH) 2. ELDER ABUSE (SURVIVOR'S ACTION) 3. PROFES

6/9/2016: FIRST AMENDED COMPLAINT FOR DAMAGES (CONCURRENTLY FILED WITH DECLARATION OF RANDY WOOD SUCCESSOR IN INTEREST TO TANIA WOOD) 1. ELDER ABUSE (WRONGFUL DEATH) 2. ELDER ABUSE (SURVIVOR'S ACTION) 3. PROFES

91 More Documents Available

 

Docket Entries

  • 06/20/2019
  • Petition (PETITION FOR: ORDER ESTABLISHING SPECIAL NEEDS TRUST; AUTHORITY TO INVEST IN MUTUAL FUNDS AND UNITED STATES GOVERNMENT BONDS WITH MATURITY DATES LATER THAN FIVE YEARS; and ATTORNEY FEES); Filed by RANDY WOOD (Plaintiff)

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  • 06/20/2019
  • Petition (PETITION TO APPROVE: COMPROMISE OF PENDING ACTION); Filed by RANDY WOOD (Plaintiff)

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  • 06/18/2019
  • at 08:30 AM in Department E, Curtis A. Kin, Presiding; Status Conference - Held - Continued

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  • 06/18/2019
  • at 08:30 AM in Department E, Curtis A. Kin, Presiding; Order to Show Cause Re: (dismissal of the action as to defendant Country Villa Sheraton Nursing and Rehabilitation) - Held - Continued

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  • 06/18/2019
  • Minute Order ( (Order to Show Cause Re: dismissal of the action as to defenda...)); Filed by Clerk

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  • 03/18/2019
  • at 08:30 AM in Department E, Curtis A. Kin, Presiding; Order to Show Cause Re: (dismissal of the action as to defendant Country Villa Sheraton Nursing and Rehabilitation) - Held - Continued

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  • 03/18/2019
  • at 08:30 AM in Department E, Curtis A. Kin, Presiding; Status Conference - Held - Continued

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  • 03/18/2019
  • Minute Order ( (Status Conference; Order to Show Cause Re: dismissal of the a...)); Filed by Clerk

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  • 01/28/2019
  • Proof of Service by Mail; Filed by RANDY WOOD (Plaintiff); ALEXANDER WOOD (Plaintiff)

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  • 01/25/2019
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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210 More Docket Entries
  • 04/05/2016
  • Proof of Service of Summons and Complaint

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  • 04/05/2016
  • Proof of Service of Summons and Complaint

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  • 04/05/2016
  • Proof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 01/20/2016
  • Ord Apptng Guardian Ad Litem (FOR ALEXANDER WOOD ); Filed by Attorney for Pltf/Petnr

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  • 01/20/2016
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 01/15/2016
  • Application ; Filed by Plaintiff/Petitioner

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  • 01/15/2016
  • Application-Miscellaneous (FOR ALEXANDER WOOD GUARDIAN AD LITEM(FAXED) ); Filed by Attorney for Pltf/Petnr

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  • 04/08/2015
  • Complaint

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  • 04/08/2015
  • COMPLAINT FOR DAMAGES 1. NEGLIGENCE; ETC

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  • 04/08/2015
  • Complaint; Filed by RANDY WOOD (Plaintiff)

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Tentative Rulings

Case Number: BC578186    Hearing Date: October 25, 2019    Dept: E

PETITION FOR COMPROMISE OF PENDING ACTION

PETITION FOR AN ORDER ESTABLISHING A SPECIAL NEEDS TRUST

Date: 10/25/19

Case: Randy Wood, et al. v. Kaiser Foundation Health Plan, et al. (BC 578186)

TENTATIVE RULING:

On August 23, 2019, the Court continued the hearing on the Petition to Approve Compromise of Pending Action and Petition for Order Establishing Special Needs Trust, so that, among other things: (1) pursuant to Probate Code § 3602(f), the notice of the hearing and a copy of the petition for a special needs trust could be delivered to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at least 15 days before the continued hearing on such petition; and (2) in accordance with LASC Rule 4.115(c), the proposed special needs trust could be reviewed by the Probate Department for compliance with LASC Rule 4.116 and Cal. Rules of Court, rule 7.903. The Court finds that both requirements have now been satisfied.

The Court’s approval of the petition to approve compromise of the pending action turns largely on whether the Court determines that it should grant the petition for an Order Establishing Special Needs Trust. As to the latter determination, petitioner should be prepared to address the following comments by the Court concerning the specific orders sought in the petition:

1. ESTABLISH THE ALEXANDER WOOD SPECIAL NEEDS TRUST

· In accordance with Probate Code § 3604(b), the Court finds that: (1)  that Alexander Woods has a disability that substantially impairs his/her ability to provide for his/her own care or custody, and constitutes a substantial handicap; (2)  that Alexander Woods is likely to have special needs that will not be met without the trust; (3)  that the money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet the special needs of the person with a disability.

· Notwithstanding the above findings, the Court harbors concern whether establishment of a special needs trust for Alexander Wood is a reasonable use of the minor’s funds. The settlement monies to fund the trust are relatively minimal, which also means the annual income to be derived will be relatively small. Establishment of a special needs trust includes considerable expense for its ongoing maintenance, in addition to the funds expended to establish it. This is because a special needs trust must be under the supervision of the Probate Court. This will require an accounting within one year, plus an accounting every two years thereafter. Even if the fees of the trustee (the trust beneficiary’s father) are waived, funds will be necessary for preparing the accounting, filing the accounting, payment of attorney’s fee, and payment of any bond premium. Such costs of maintaining the special needs trust, which do not directly benefit Alexander Woods, may very likely dissipate the funds quickly, providing less than optimal benefit for the intended beneficiary.

· Because it appears form the petition that Alexander Wood is not currently receiving public benefits and that it is not clear whether Alexander Wood will be applying for public benefits in the foreseeable future, the Court questions whether a special needs trust is necessary to assist in preserving Alexander Wood’s eligibility for SSI and Medi-Cal, if the settlement funds might otherwise be used up for his benefit prior to his seeking such public benefits.

· As an alternative to the establishment of the special needs trust, the Court posits whether the settlement funds should instead be placed in a blocked account for the benefit of Alexander Wood. The father could apply to this Court ex parte for release of funds as needed for various purposes to benefit Alexander Wood, including, for example, medical or dental payments, a personal computer, purchase, travel, clothing, school supplies, and/or anything that would directly benefit the Alexander Wood and make his life more comfortable. Under this approach, the Court surmises the settlement funds might be spent directly for Alexander Wood’s benefit well before an application for public benefits would be pursued.

2. Direct RANDY CARSON WOOD to execute the ALEXANDER WOOD SPECIAL NEEDS TRUST

· The Court would so order if the Court determines that the Special Needs Trust should be established.

3. Court retain jurisdiction, but not continuing supervision, over the ALEXANDER WOOD SPECIAL NEEDS TRUST

· The Court will do so if the Court determines that the Special Needs Trust should be established.

4. RANDY CARSON WOOD shall serve as initial Trustee of the ALEXANDER WOOD SPECIAL NEEDS TRUST

· The Court would so order if the Court determines the Special Needs Trust should be established.

5. Waiver of Bond Requirement

· The proposed Special Needs Trust must require bond from any and all trustees pursuant CRC 7.903(c)(5), which requires the trustee to post bond in an amount required under Prob Code § 2320 et seq., namely, the amount of assets on hand ($21,242) plus annual income.

· It is immaterial for the purposes of waiver of bond requirements that the trustee of the trust is the parent of the trust beneficiary. For good cause, however, the Court may set a bond amount higher or lower than the amount otherwise required by section 2320.

6. Find that ALEXANDER WOOD has a disability that substantially impairs his ability to provide for his own care or custody, and constitutes a substantial handicap

· The Court so finds

7. Find that ALEXANDER WOOD is likely to have special needs that will not be met without the ALEXANDER WOOD SPECIAL NEEDS TRUST

· The Court would so find if the Court determines that the Special Needs Trust should be established

8. Find that money to be paid to the ALEXANDER WOOD SPECIAL TRUST does not exceed the amount that appears reasonably necessary to meet the special needs of ALEXANDER WOOD

· The Court would so find if the Court determines that the Special Needs Trust should be established.

9. Order that payment of all monies due plaintiff in the lawsuit, Randy Carson Wood, Alexander Wood, a minor by an through his Guardian Ad Litem, Randy Carson Wood, vs. Kaiser Foundation Health Plan, et al, Case Number BC578186, Superior Court for the County of Los Angeles, be paid to the Trustee for the ALEXANDER WOOD SPECIAL NEEDS TRUST

· If the Court determines the Special Needs Trust should be stablished, this Order is unnecessary, as it is duplicative of paragraph 19(b)(4) of the Petition to Approve compromise of Pending Action.

10. Determine that proceeds of the settlement award received by plaintiff's attorney before the hearing of the herein petition and deposited in attorney's client trust account shall not be considered received by ALEXANDER WOOD for public benefit eligibility purposes

· The Court cannot make such a finding, as only the state agency which deals with public benefit eligibility should make this determination.

11. Determine that the assets of the trust estate are unavailable to ALEXANDER WOOD and shall not constitute a resource to ALEXANDER WOOD for determination of his finance eligibility for Medi-Cal, SSI, regional center assistance, or any other program of public benefits

    • The Court cannot make such a finding, as only the state agency which deals with public benefit eligibility should make this determination.

Finally, if the Court determines that it shall approve the Petition to Approve Compromise of Pending Action and Petition to Establish Special Needs Trust, the Court shall: