This case was last updated from Los Angeles County Superior Courts on 05/31/2019 at 00:11:21 (UTC).

ROBERTO QUEZADA RUBALCAVA ET AL VS MANUEL GONZALEZ M D ET AL

Case Summary

On 12/13/2016 ROBERTO QUEZADA RUBALCAVA filed a Personal Injury - Medical Malpractice lawsuit against MANUEL GONZALEZ M D. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3397

  • Filing Date:

    12/13/2016

  • 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 Judge

JON R. TAKASUGI

 

Party Details

Plaintiffs and Petitioners

QUEZADA ALICIA

RUBALCAVA ROBERTO QUEZADA

Defendants and Respondents

MEDICINA FAMILIAR MEDICAL GROUP INC.

GONZALEZ MANUEL M.D.

DOES 1 TO 100

MEDICINA FAMILIAR MEDICAL GROUP

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

VALENCIA EVERARDO VARGAS ESQ.

Defendant Attorney

KJAR JAMES J. ESQ.

 

Court Documents

Minute Order

5/29/2018: Minute Order

DEFENDANTS' ANSWER TO COMPLAINT FOR MEDICAL NEGLIGENCE AND LOSS OF CONSORTIUM; STIPULATION RE: COMPLAINT

6/28/2018: DEFENDANTS' ANSWER TO COMPLAINT FOR MEDICAL NEGLIGENCE AND LOSS OF CONSORTIUM; STIPULATION RE: COMPLAINT

DECLARATION OF TRIAL ATTORNEY

6/28/2018: DECLARATION OF TRIAL ATTORNEY

Unknown

6/28/2018: Unknown

STIPULATION RE: COMPLAINT AS TO DEFENDANTS MEDICINA FAMILIAR MEDICAL GROUP AND MEDICINA FAMILIAR MEDICAL GROUP INC. PROPOSED ORDER

7/13/2018: STIPULATION RE: COMPLAINT AS TO DEFENDANTS MEDICINA FAMILIAR MEDICAL GROUP AND MEDICINA FAMILIAR MEDICAL GROUP INC. PROPOSED ORDER

ORDER RE: STIPULATION RE: COMPLAINT

7/13/2018: ORDER RE: STIPULATION RE: COMPLAINT

NOTICE OF ENTRY OF STIPULATION AND ORDER RE COMPLAINT AS TO DEFENDANTS;AND ETC.

7/31/2018: NOTICE OF ENTRY OF STIPULATION AND ORDER RE COMPLAINT AS TO DEFENDANTS;AND ETC.

Minute Order

8/27/2018: Minute Order

Amendment to Complaint (Fictitious/Incorrect Name)

10/29/2018: Amendment to Complaint (Fictitious/Incorrect Name)

Declaration

11/6/2018: Declaration

Minute Order

11/29/2018: Minute Order

Proof of Personal Service

1/28/2019: Proof of Personal Service

Request for Dismissal

4/23/2019: Request for Dismissal

Notice of Entry of Dismissal and Proof of Service

5/9/2019: Notice of Entry of Dismissal and Proof of Service

Stipulation and Order

5/13/2019: Stipulation and Order

Notice

5/23/2019: Notice

SUMMONS

12/13/2016: SUMMONS

COMPLAINT FOR DAMAGES: 1. MEDICAL NEGLIGENCE 2. LACK OF INFORMED CONSENT 3. LOSS OF CONSORTIUM

12/13/2016: COMPLAINT FOR DAMAGES: 1. MEDICAL NEGLIGENCE 2. LACK OF INFORMED CONSENT 3. LOSS OF CONSORTIUM

7 More Documents Available

 

Docket Entries

  • 05/23/2019
  • Notice (of Entry of Order Re: Stipulation to Continue Trial and Final Status Conference Date); Filed by Medicina Familiar Medical Group (Defendant)

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  • 05/13/2019
  • Stipulation and Order (Stipulation to Continue Trial and FSC Date; Proposed Order Thereon); Filed by Medicina Familiar Medical Group (Defendant); Medicina Familiar Medical Group, Inc. (Defendant)

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  • 05/09/2019
  • Notice of Entry of Dismissal and Proof of Service; Filed by Medicina Familiar Medical Group, Inc. (Defendant)

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  • 04/23/2019
  • Request for Dismissal; Filed by Roberto Quezada Rubalcava (Plaintiff); Alicia Quezada (Plaintiff)

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  • 01/28/2019
  • Proof of Personal Service; Filed by Roberto Quezada Rubalcava (Plaintiff); Alicia Quezada (Plaintiff)

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  • 11/29/2018
  • at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Not Held - Continued - Party's Motion

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  • 11/29/2018
  • Minute Order ((Order to Show Cause Re: Failure to File Proof of Service; Tri...)); Filed by Clerk

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  • 11/06/2018
  • Declaration (of Service to Request Additional Time to Serve Defendant); Filed by Roberto Quezada Rubalcava (Plaintiff)

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  • 10/29/2018
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by Roberto Quezada Rubalcava (Plaintiff); Alicia Quezada (Plaintiff)

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  • 08/27/2018
  • at 08:30 AM in Department 3; Order to Show Cause Re: Failure to File Proof of Service (OSC-Failure to File Proof of Serv; Matter continued) -

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13 More Docket Entries
  • 06/28/2018
  • CIVIL DEPOSIT

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  • 06/13/2018
  • at 08:30 AM in Department 3; Jury Trial - Not Held - Advanced and Vacated

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  • 05/29/2018
  • at 10:00 AM in Department 3; Final Status Conference (Final Status Conference; Off Calendar) -

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  • 05/29/2018
  • Minute order entered: 2018-05-29 00:00:00; Filed by Clerk

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  • 05/29/2018
  • Minute Order

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  • 05/24/2018
  • Proof-Service/Summons; Filed by Roberto Quezada Rubalcava (Plaintiff); Alicia Quezada (Plaintiff)

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  • 05/24/2018
  • PROOF OF SERVICE SUMMONS

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  • 12/13/2016
  • Complaint; Filed by Roberto Quezada Rubalcava (Plaintiff); Alicia Quezada (Plaintiff)

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  • 12/13/2016
  • SUMMONS

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  • 12/13/2016
  • COMPLAINT FOR DAMAGES: 1. MEDICAL NEGLIGENCE 2. LACK OF INFORMED CONSENT 3. LOSS OF CONSORTIUM

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Tentative Rulings

Case Number: BC643397    Hearing Date: December 05, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ROBERTO QUEZADA RUBALCAVA, ET AL.,

Plaintiff(s),

vs.

MANUEL GONZALEZ, M.D., ET AL.,

Defendant(s).

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CASE NO: BC643397

[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION

Dept. 3

1:30 p.m.

December 5, 2019

Defendant, Medicina Familiar Medical Group propounded RFAs, set two on Plaintiff, Roberto Rubalcava on 7/23/19.  On 10/02/19, Defendant filed a motion to deem RFAs admitted.  Defendant set the matter for hearing on 10/28/19.  Plaintiff did not oppose the motion, and the Court issued a tentative ruling granting the motion.  Plaintiff appeared at the hearing, but Counsel got called by his office and was not present for the actual hearing.  The Court adopted its tentative ruling.

At this time, Plaintiff moves for reconsideration of the prior ruling.  Plaintiff contends he served responses to the RFAs on 10/10/19, such that the Court acted improperly in deeming them admitted. 

Defendant opposes the motion, arguing (a) there are no new facts or law upon which the motion can be based, and (b) Plaintiff’s responses are not in substantial compliance with the Code. 

The Court recognizes that this is not a perfect fit for a motion for reconsideration.  However, pursuant to CCP §2033.280 and St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776, the Court lacked discretion to deem the RFAs admitted if Plaintiff had served responses to the RFAs, in substantial compliance with the Code, prior to the hearing.  Notably, Defendant should have advised the Court, at the hearing, that the motion was moot with the exception of the issue of sanctions.  Defendant’s failure to do so resulted in the issuance of an improper order, which must be vacated at this time.  The Court has reviewed the responses and finds that, while they may not be perfect, they are in “substantial compliance with the Code.”  Any concerns about the sufficiency of the responses can be addressed by way of meet and confer efforts, and the parties must schedule an IDC and motion to compel further responses if they are unable to resolve remaining issues. 

The motion for reconsideration is granted.  The Court vacates the portion of its 5/23/19 order deeming the RFAs admitted.  The remainder of the order, including the sanctions order, stands. 

Plaintiff is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  

Case Number: BC643397    Hearing Date: November 12, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ROBERTO QUEZADA RUBALCAVA, ET AL.,

Plaintiff(s),

vs.

MANUEL GONZALEZ, M.D., ET AL.,

Defendant(s).

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CASE NO: BC643397

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTIONS TO COMPEL

Dept. 3

1:30 p.m.

November 12, 2019

Defendant, Medicina Familiar Medical Group propounded special interrogatories, set three and RPDs, set two on Plaintiff, Roberto Rubalcava on 7/23/19. Defendant propounded special interrogatories, set four and RPDs, set three on Plaintiff on 8/08/19. Defendant propounded RPDs, set four on Plaintiff on 8/27/19. To date, despite a meet and confer effort, Plaintiff has not served responses. Defendant therefore seeks an order compelling responses to the discovery, without objections, and imposing sanctions.

Defendant’s motions are granted. Plaintiff is ordered to serve verified responses to all of the outstanding discovery, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b).

Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendant seeks sanctions in the amount of $684.40/motion. The Declaration of Counsel filed with the motion renders the amount sought highly confusing. Counsel declares he spent 2.4 hours drafting the motion, 2 hours preparing a reply, and 3.1 hours appearing at the hearing, all at $200/hour. This would be a total of 7.5 hours, or $1500 in attorneys’ fees. The Court finds the requested $684.40/motion much more reasonable.

Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $1368.80, within twenty days. Defendant is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.

Case Number: BC643397    Hearing Date: October 28, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ROBERTO QUEZADA RUBALCAVA, ET AL.,

Plaintiff(s),

vs.

MANUEL GONZALEZ, M.D., ET AL.,

Defendant(s).

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CASE NO: BC643397

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION TO DEEM RFAS ADMITTED

Dept. 3

1:30 p.m.

October 28, 2019

Defendant, Medicina Familiar Medical Group propounded RFAs, set two on Plaintiff, Roberto Rubalcava on 7/23/19.  To date, despite a meet and confer effort, Plaintiff has not served responses.  Defendant therefore seeks an order deeming the RFAs admitted and imposing sanctions.

Defendant’s motion to deem RFAs admitted is granted.  CCP §2033.280(b).

Sanctions are mandatory.  §2033.280(c).  Defendant seeks sanctions in the amount of $684.40.  The Declaration of Counsel filed with the motion renders the amount sought highly confusing.  Counsel declares he spent 2.4 hours drafting the motion, 2 hours preparing a reply, and 3.1 hours appearing at the hearing, all at $200/hour.  This would be a total of 7.5 hours, or $1500 in attorneys’ fees.  The Court finds the requested $684.40 much more reasonable, and also notes that it is the amount in the notice of motion. 

Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $684.40, within twenty days.  Defendant is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.