This case was last updated from Los Angeles County Superior Courts on 07/01/2019 at 00:40:25 (UTC).

ANA CORDON VS SEAN XIA M D ET AL

Case Summary

On 01/30/2018 a Personal Injury - Medical Malpractice case was filed by ANA CORDON against SEAN XIA M D in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2234

  • Filing Date:

    01/30/2018

  • 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

MARC D. GROSS

 

Party Details

Plaintiff and Petitioner

CORDON ANA

Respondents and Defendants

XIA SEAN M.D.

DOES 1 THROUGH 100

PACIFIC ALLIANCE MEDICAL CENTER

SEAN X. SIE M.D. SUED AS SEAN SIA M.D

 

Court Documents

Notice of Motion

10/4/2018: Notice of Motion

Notice of Motion

10/4/2018: Notice of Motion

Notice of Ruling

12/6/2018: Notice of Ruling

Declaration

6/14/2019: Declaration

PLAINTIFFS OPOSITION TO DEFENDANT PACIFIC ALLIANCE MEDICAL CENTERS DEMURRERS TO PLAINTIFFS FIRST AMENDED COMPLAINT;AND ETC.

5/29/2018: PLAINTIFFS OPOSITION TO DEFENDANT PACIFIC ALLIANCE MEDICAL CENTERS DEMURRERS TO PLAINTIFFS FIRST AMENDED COMPLAINT;AND ETC.

PACIFIC ALLIANCE MEDICAL CENTER'S REPLY TO PLAINTIFF'S OPPOSITION TO DEMURRER TO FIRST AMENDED COMPLAINT;. MEMORANDUM OF POINTS AND AUTHORITIES

6/4/2018: PACIFIC ALLIANCE MEDICAL CENTER'S REPLY TO PLAINTIFF'S OPPOSITION TO DEMURRER TO FIRST AMENDED COMPLAINT;. MEMORANDUM OF POINTS AND AUTHORITIES

Minute Order

6/11/2018: Minute Order

DEFENDANT SEAN XIE M.D.S NOTICE OF MOTION AND MOTION TO COMPEL REQUEST FOR PRODUCTION AND INSPECTION OF DOCUMENTS;AND ETC.

7/20/2018: DEFENDANT SEAN XIE M.D.S NOTICE OF MOTION AND MOTION TO COMPEL REQUEST FOR PRODUCTION AND INSPECTION OF DOCUMENTS;AND ETC.

DEFENDANT SEAN XIE M.D.S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES SET ONE;AND ETC.

7/20/2018: DEFENDANT SEAN XIE M.D.S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES SET ONE;AND ETC.

DEFENDANT SEAN X, XIE, M.D.'S NOTICE OF NON-RECEIPT OF OPPOSITION TO DEFENDANT SEAN X. XIE,M.D.'S MOTION TO COMPEL RESPONSES TO FORM AND SPECIAL INTERROGATORIES, SET ONE

8/14/2018: DEFENDANT SEAN X, XIE, M.D.'S NOTICE OF NON-RECEIPT OF OPPOSITION TO DEFENDANT SEAN X. XIE,M.D.'S MOTION TO COMPEL RESPONSES TO FORM AND SPECIAL INTERROGATORIES, SET ONE

DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANT'S MOTION TO COMPEL RESPONSES TO, FORM INTERROGATORIES,(SET ONE), SPECIAL INTERROGATORIES, (SET ONE), DEMAND FOR PRODUCTION AND INSPECTION O

8/17/2018: DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANT'S MOTION TO COMPEL RESPONSES TO, FORM INTERROGATORIES,(SET ONE), SPECIAL INTERROGATORIES, (SET ONE), DEMAND FOR PRODUCTION AND INSPECTION O

ORDER GRANTING DEFENDANTS UNOPPOSED MOTIONS TO COMPEL

8/21/2018: ORDER GRANTING DEFENDANTS UNOPPOSED MOTIONS TO COMPEL

DEFENDANT SEAN X. XIE, M.D.'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

5/16/2018: DEFENDANT SEAN X. XIE, M.D.'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

NOTICE OF NON-OPPOSITION TO DEMURRER TO COMPLAINT

4/20/2018: NOTICE OF NON-OPPOSITION TO DEMURRER TO COMPLAINT

FIRST AMENDED COMPLAINT FOR DAMAGES

4/17/2018: FIRST AMENDED COMPLAINT FOR DAMAGES

CIVIL DEPOSIT

3/14/2018: CIVIL DEPOSIT

PROOF OF SERVICE SUMMONS

2/13/2018: PROOF OF SERVICE SUMMONS

ORDER ON COURT FEE WAIVER

1/30/2018: ORDER ON COURT FEE WAIVER

31 More Documents Available

 

Docket Entries

  • 06/14/2019
  • Motion for Summary Judgment; Filed by Pacific Alliance Medical Center (Defendant)

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  • 06/14/2019
  • Declaration (decl of david klehm in support of msj); Filed by Pacific Alliance Medical Center (Defendant)

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  • 06/14/2019
  • Declaration (decl of gloria ruiz in support of msj); Filed by Pacific Alliance Medical Center (Defendant)

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  • 06/14/2019
  • Declaration (decl of gary painter in support of msj); Filed by Pacific Alliance Medical Center (Defendant)

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  • 06/14/2019
  • Separate Statement; Filed by Pacific Alliance Medical Center (Defendant)

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  • 05/10/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Pacific Alliance Medical Center (Defendant)

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  • 12/06/2018
  • Notice of Ruling; Filed by SEAN X. SIE . sued as SIA M.D (Defendant); Pacific Alliance Medical Center (Defendant)

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  • 12/04/2018
  • at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel (answers) - Held - Motion Granted

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  • 12/04/2018
  • at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel (answers) - Held - Motion Granted

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  • 12/04/2018
  • at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel (answers) - Held - Motion Granted

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62 More Docket Entries
  • 03/13/2018
  • ANSWER TO COMPLAINT

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  • 03/13/2018
  • Answer; Filed by SEAN X. SIE . sued as SIA M.D (Defendant)

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  • 02/14/2018
  • PROOF OF SERVICE SUMMONS

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  • 02/14/2018
  • Proof-Service/Summons; Filed by Ana Cordon (Plaintiff)

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  • 02/13/2018
  • Proof-Service/Summons; Filed by Ana Cordon (Plaintiff)

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  • 02/13/2018
  • PROOF OF SERVICE SUMMONS

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  • 01/30/2018
  • ORDER ON COURT FEE WAIVER

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  • 01/30/2018
  • SUMMONS

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  • 01/30/2018
  • COMPLAINT FOR DAMAGES: 1. MEDICAL MALPRACTICE

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  • 01/30/2018
  • Complaint; Filed by Ana Cordon (Plaintiff)

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Tentative Rulings

Case Number: BC692234    Hearing Date: November 05, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ANA CORDON,

Plaintiff(s),

vs.

SEAN XI, M.D., ET AL.,

Defendant(s).

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CASE NO: BC692234

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION FOR SUMMARY JUDGMENT

Dept. 3

1:30 p.m.

November 5, 2019

1. Background Facts

Plaintiff, Ana Cordon filed this action against Defendants, Sean Xia, M.D. and Pacific Alliance Medical Center (“PAMC”) for medical malpractice. Plaintiff alleges Defendants were negligent in connection with a surgery intended to address Plaintiff’s chronic low neck and back pain.

2. Motion for Summary Judgment

a. Moving Argument

At this time, PAMC moves for summary judgment, contending it complied with the standard of care at all times, and nothing it did caused or contributed to Plaintiff’s claimed damages. Additionally, Defendant contends it is not liable for Dr. Xia’s negligence, if any, as Dr. Xia was not its actual or ostensible agent.

Defendant supports its motion with the expert declaration of Gary Painter, M.D. Dr. Painter sets forth his expert credentials, states what records he reviewed, details Defendant’s care and treatment of Plaintiff, and ultimately concludes that Defendant’s care and treatment of Plaintiff complied with the standard of care and did not cause or contribute to Plaintiff’s claimed damages. Defendant also provides evidence that Plaintiff initialed a “Conditions of Admissions” document making clear the doctors at PAMC were independent contractors. See Deposition of Plaintiff, pages 69-70.

b. Standard of Care

The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. Elcome v. Chin (2003) 110 Cal.App.4th 310, 317. Unless the conduct required by the particular circumstances is within the common knowledge of the layman, the standard of care in a malpractice action can only be proved by an expert’s testimony. Id. If the “common knowledge” exception does not apply to a medical malpractice action, expert evidence is conclusive and cannot be disregarded. Id.

A medical practitioner is not necessarily negligent just because he chooses one medically acceptable method of treatment or diagnosis and it turns out that another medically accepted method would have been a better choice. CACI 506. Likewise, a medical practitioner is not necessarily negligent just because his efforts are unsuccessful or he makes an error that was reasonable under the circumstances. CACI 505.

Whether the standard of care in the community has been breached presents the basic issue in a malpractice action and can only be proved by opinion testimony unless the medical question is within the common knowledge of laypersons. See Jambazian v. Borden (1994) 25 Cal.App4th 836, 844. “‘When a defendant moves for summary judgment and supports his motion with expert declarations that his conduct fell within the community standard of care, he is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence.’“ (Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 984-985.)

c. Causation

In order to establish that defendant's negligence was a “substantial factor” in causing injury or death, the plaintiff must prove the negligence was of itself sufficient to bring about that harm. “The law is well settled that in a personal injury action causation must be proven within a reasonable medical probability based upon competent expert testimony. Mere possibility alone is insufficient to establish a prima facie case. [Citations.] That there is a distinction between a reasonable medical ‘probability’ and a medical 'possibility' needs little discussion. There can be many possible ‘causes,’ indeed, an infinite number of circumstances which can produce an injury or disease. A possible cause only becomes ‘probable’ when, in the absence of other reasonable causal explanations, it becomes more likely than not that the injury was a result of its action. This is the outer limit of inference upon which an issue may be submitted to the jury.” Bromme v. Pavitt (1992) 5 Cal.App.4th 1487, 1498; citing Jones v. Ortho Pharmaceutical Corp. (1985) 163 Cal.App.3d 396, 402 403.

d. Agency

Per Mejia v. Community Hospital of San Bernardino (2002) 99 Cal.App.4th 1448, 1454, if a doctor is acting as an independent contractor and is not the actual or ostensible agent of the hospital, then the hospital is not liable for the care and treatment rendered by the doctor.

e. Moving Burden

The Expert Declaration of Dr. Painter is sufficient to meet Defendant’s moving burden to establish it is entitled to judgment as a matter of law. The deposition testimony of Plaintiff is sufficient to establish the doctors treating Plaintiff were not actual or ostensible agents of Defendant. The burden therefore shifts to Plaintiff to raise a triable issue of material fact and defeat the motion.

f. Opposing Burden

Any opposition to the motion was due on or before 10/22/19. The Court has not received any opposition to the motion. Notably, Plaintiff requested and received a continuance of the hearing on this motion on 7/30/19, but did not file opposition despite this continuance. Plaintiff therefore necessarily failed to meet the shifted burden, and the motion is granted.

g. Notice

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.