This case was last updated from Los Angeles County Superior Courts on 05/27/2019 at 01:43:41 (UTC).

ALEX MAIMON ET AL VS ERIC MARC SWARTZ ET AL

Case Summary

On 06/14/2017 ALEX MAIMON filed an Other lawsuit against ERIC MARC SWARTZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOLLY J. FUJIE and YOLANDA OROZCO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4945

  • Filing Date:

    06/14/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

HOLLY J. FUJIE

YOLANDA OROZCO

 

Party Details

Defendants and Respondents

BACK TO TOTAL HEALTH INC

DOES 1 TO 25

SWARTZ ERIC MARC

Minor

MAY-MAIMON MIA EDEN

Guardian Ad Litem

MAIMON ALEX

Attorney/Law Firm Details

Defendant and Respondent Attorneys

DEFURIA MICHAEL J. ESQ.

STARK EDWARD C. ESQ.

Minor Attorney

RICHARDS RONALD N. ESQ.

 

Court Documents

COMPLAINT FOR: 1. WRONGFUL DEATH AND SURVIVAL ACTION; ETC

6/14/2017: COMPLAINT FOR: 1. WRONGFUL DEATH AND SURVIVAL ACTION; ETC

DEFENDANTS ERIC MARC SWARTZ AND BACK TO TOTAL HEALTH, INC.'S NOTICE OF MOTION AND MOTION FOR AN ORDER TO RELEASE COPIES OF CORONER'S AUTOPSY PHOTOGRAPHS AND OTHER VISUAL MEDIA; ETC

8/23/2018: DEFENDANTS ERIC MARC SWARTZ AND BACK TO TOTAL HEALTH, INC.'S NOTICE OF MOTION AND MOTION FOR AN ORDER TO RELEASE COPIES OF CORONER'S AUTOPSY PHOTOGRAPHS AND OTHER VISUAL MEDIA; ETC

Order

10/26/2018: Order

Minute Order

10/26/2018: Minute Order

Unknown

10/26/2018: Unknown

Notice of Case Management Conference

11/9/2018: Notice of Case Management Conference

Case Management Statement

11/19/2018: Case Management Statement

Notice of Case Management Conference

11/21/2018: Notice of Case Management Conference

Minute Order

12/11/2018: Minute Order

DECLARATION OF TRIAL ATTORNEY PURSUANT TO SECTION 9 OF THE CALIFORNIA RULES OF COURT, JUDICIAL ADMINISTRATION STANDARDS

11/8/2017: DECLARATION OF TRIAL ATTORNEY PURSUANT TO SECTION 9 OF THE CALIFORNIA RULES OF COURT, JUDICIAL ADMINISTRATION STANDARDS

DEFENDANTS ERIC MARX SWARTZ AND BACK TO TOTAL HEALTH, INC.'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND AFFIRMATIVE DEFENSES

11/20/2017: DEFENDANTS ERIC MARX SWARTZ AND BACK TO TOTAL HEALTH, INC.'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND AFFIRMATIVE DEFENSES

Opposition

11/3/2017: Opposition

SUMMONS

7/12/2017: SUMMONS

Proof of Service of Summons and Complaint

7/31/2017: Proof of Service of Summons and Complaint

Notice and Acknowledgment of Receipt

7/31/2017: Notice and Acknowledgment of Receipt

Notice and Acknowledgment of Receipt

7/31/2017: Notice and Acknowledgment of Receipt

Proof of Service of Summons and Complaint

7/31/2017: Proof of Service of Summons and Complaint

FIRST AMENDED COMPLAINT FOR: 1. WRONGFUL DEATH; ETC

9/1/2017: FIRST AMENDED COMPLAINT FOR: 1. WRONGFUL DEATH; ETC

15 More Documents Available

 

Docket Entries

  • 05/22/2019
  • at 10:00 AM in Department 7, Yolanda Orozco, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 12/11/2018
  • at 08:30 AM in Department P; Case Management Conference - Held

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  • 12/11/2018
  • Minute Order ( (Case Management Conference)); Filed by Clerk

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  • 11/28/2018
  • Stipulated Protective Order; Filed by Eric Marc Swartz (Defendant); Back to Total Health Inc (Defendant)

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  • 11/21/2018
  • Notice of Case Management Conference

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  • 11/19/2018
  • Case Management Statement (12-11-18 8:30 am Dept P); Filed by Eric Marc Swartz (Defendant)

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  • 11/16/2018
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 11/09/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 10/26/2018
  • at 1:30 PM in Department 7, Yolanda Orozco, Presiding; Hearing on Motion for Order - Not Held - Taken Off Calendar by Court

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  • 10/26/2018
  • Minute Order ( (Order Transferring Personal Injury (PI) Case to Independent C...)); Filed by Clerk

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30 More Docket Entries
  • 07/31/2017
  • Proof-Service/Summons; Filed by Alex Maimon (Legacy Party)

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  • 07/31/2017
  • Proof-Service/Summons; Filed by Alex Maimon (Legacy Party)

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  • 07/12/2017
  • SUMMONS

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  • 07/12/2017
  • Summons Issued; Filed by Clerk

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  • 07/12/2017
  • Summons; Filed by Clerk

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  • 06/26/2017
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 06/16/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 06/16/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 06/14/2017
  • COMPLAINT FOR: 1. WRONGFUL DEATH AND SURVIVAL ACTION; ETC

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  • 06/14/2017
  • Complaint; Filed by null

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Tentative Rulings

Case Number: BC664945    Hearing Date: December 08, 2020    Dept: P

Tentative Ruling

Maimon et al. v. Swartz et al., Case No. BC665945

Hearing Date December 8, 2020

Defendant’s Motion for Summary Adjudication

Plaintiff alleges his decedent suffered a fatal vertebral arterial dissection/stroke, caused by defendant chiropractor’s manipulation of her neck. Defendant moves for summary adjudication as to negligent misrepresentation and breach of fiduciary duty.

To obtain summary judgment “all that the defendant need do is to show that the plaintiff cannot establish at least one element of the cause of action.” See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 853. “Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. If the plaintiff does not make such a showing, summary judgment in favor of the defendant is appropriate.” Mitchell v. United National Ins. Co. (2005) 127 Cal. App. 4th 457, 467.

Negligent Misrepresentation

A cause of action for negligent misrepresentation requires an affirmative statement, not an implied assertion. RSB Vineyards, LLC v. Orsi (2017) 15 Cal.App.5th 1089, 1102. The misrepresentation must be made with intent to induce the recipient to alter her position to her injury or risk. B.L.M. v. Sabo & Deitsch (1997) 55 Cal.App.4th 823, 834.

Defendant argues undisputed evidence, including plaintiff’s discovery responses, show defendant made no false representations, nor did decedent rely on such. Defendant’s separate statement 16, 17. This carries the initial burden, shifting the burden to plaintiff.

Plaintiff alleges defendant negligently represented to decedent that she was suffering from a migraine, but he did not follow diagnostic guidelines in making the diagnosis. While plaintiff provides evidence the (mis)diagnosis violated the standard of care, there is no evidence (1) defendant communicated the diagnosis to decedent, (2) intended her to rely on it or (3) she did detrimentally rely upon it. See plaintiff’s separate statement of additional facts 6-13, plaintiff’s exh. A pg. 44. This does not support a claim for negligent misrepresentation. GRANTED.

Breach of Fiduciary Duty

A cause of action for breach of fiduciary duty in the medical context arises when a health care provider fails to disclose all information material to a patient’s decision to undergo a medical procedure. Jameson v. Desta (2013) 215 Cal.App.4th 1144, 1164.

Defendant argues plaintiff presents no evidence he failed to disclose material information to decedent, stating he “endeavored to disclose” all relevant information. Defendant Separate Statement 7; Swartz decl. This carries defendant’s initial burden.

Decedent did not sign the portion of the patient form which disclosed risks of “fractures, disk injuries, [and] strokes.” Brown decl. ¶3, 4. This is evidence decedent did not read that language and/or defendant did not review it with her. Plaintiff’s expert opines failure to obtain decedent’s informed consent regarding risks of the procedure or to go over the risks section of the form fails to meet the standard of care. Brown Decl. ¶¶5-6. There is a triable issue as to whether defendant adequately disclosed all material information, including potential risks, prior to the manipulation, so the motion is DENIED.

DUE TO THE ONGOING COVID-19 PANEMDIC, PARTIES AND COUNSEL ARE ENCOURAGED TO APPEAR VIA LA COURT CONNECT.

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