This case was last updated from Los Angeles County Superior Courts on 05/27/2021 at 12:07:54 (UTC).

ANGELA CAIN, ET AL. VS PHILIP ABDOUSH, MD, ET AL.

Case Summary

On 10/19/2018 ANGELA CAIN filed a Personal Injury - Medical Malpractice lawsuit against PHILIP ABDOUSH, MD. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are STEPHEN I. GOORVITCH and MICHAEL E. WHITAKER. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1492

  • Filing Date:

    10/19/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Medical Malpractice

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

STEPHEN I. GOORVITCH

MICHAEL E. WHITAKER

 

Party Details

Plaintiffs

WILLIAMS TABITHA

CAIN ANGELA

Defendants

PHILIP ABDOUSH MD

MEMORIAL HOSPITAL OF GARDENA

REDONDO EMERGENCY PHYSICIANS INC

OWENS M.D. JANIS

ONRAD INC

AVANTI HOSPITALS LLC

OWENS M.D. - GOOD FAITH JANIS

ONRAD INC - GOOD FAITH

Attorney/Law Firm Details

Plaintiff Attorney

CHEREPINSKIY DMITRIY

Defendant Attorneys

MCANDREWS THOMAS FRANCIS

TROTTER MICHAEL

MORALYAN EMMA

 

Court Documents

Request for Dismissal

4/23/2021: Request for Dismissal

Notice of Ruling

8/20/2020: Notice of Ruling

Notice - NOTICE OF COURTS CONTINUANCE

4/27/2020: Notice - NOTICE OF COURTS CONTINUANCE

Notice - NOTICE OF CONTINUANCE

4/27/2020: Notice - NOTICE OF CONTINUANCE

Motion for Summary Judgment

2/24/2020: Motion for Summary Judgment

Motion for Summary Judgment

2/24/2020: Motion for Summary Judgment

Separate Statement

3/13/2020: Separate Statement

Notice of Lodging - NOTICE OF LODGING NOTICE OF LODGMENT OF EVIDENCE (EXHIBIT 1 CD-ROM) IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

3/13/2020: Notice of Lodging - NOTICE OF LODGING NOTICE OF LODGMENT OF EVIDENCE (EXHIBIT 1 CD-ROM) IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Proof of Service by Mail

3/13/2020: Proof of Service by Mail

Motion for Summary Judgment

3/13/2020: Motion for Summary Judgment

Declaration - DECLARATION DECLARATION OF DAVID BARCAY, M.D., IN SUPPORT OF DEFENDANT PHILIP ABDOUSH, M.D.'S MOTION FOR SUMMARY JUDGMENT

3/13/2020: Declaration - DECLARATION DECLARATION OF DAVID BARCAY, M.D., IN SUPPORT OF DEFENDANT PHILIP ABDOUSH, M.D.'S MOTION FOR SUMMARY JUDGMENT

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

12/23/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

Proof of Service by Substituted Service

7/31/2019: Proof of Service by Substituted Service

Answer

5/15/2019: Answer

Notice of Deposit - Jury

3/15/2019: Notice of Deposit - Jury

Demand for Jury Trial

3/15/2019: Demand for Jury Trial

Application And Order For Appointment of Guardian Ad Litem - (Amended)

1/3/2019: Application And Order For Appointment of Guardian Ad Litem - (Amended)

Notice of Case Assignment - Unlimited Civil Case

10/19/2018: Notice of Case Assignment - Unlimited Civil Case

54 More Documents Available

 

Docket Entries

  • 04/23/2021
  • DocketRequest for Dismissal; Filed by Angela Cain (Plaintiff); Camron Cain (Plaintiff); Tabitha Williams (Plaintiff)

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  • 12/03/2020
  • DocketRequest for Dismissal; Filed by Janis Owens M.D. - GOOD FAITH (Defendant)

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  • 12/03/2020
  • DocketRequest for Dismissal; Filed by Onrad, Inc - GOOD FAITH (Defendant)

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  • 11/09/2020
  • DocketJudgment (ON MOTION FOR SUMMARY JUDGMENT); Filed by GARDENA MEMORIAL HOSPITAL, L.P. Erroneously Sued As Memorial Hospital of Gardena (Defendant)

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  • 11/09/2020
  • DocketJudgment (ON MOTION FOR SUMMARY JUDGMENT); Filed by GARDENA MEMORIAL HOSPITAL, L.P. Erroneously Sued As Memorial Hospital of Gardena (Defendant); Avanti Hospitals LLC (Defendant)

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  • 11/09/2020
  • DocketNotice (OF ENTRY OF JUDGMENT); Filed by GARDENA MEMORIAL HOSPITAL, L.P. Erroneously Sued As Memorial Hospital of Gardena (Defendant)

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  • 10/08/2020
  • DocketOrder (Proposed Order Re Application for Good Faith Settlement); Filed by Janis Owens M.D. - GOOD FAITH (Defendant); Onrad, Inc - GOOD FAITH (Defendant)

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  • 09/08/2020
  • DocketApplication for Determination of Good Faith Settlement; Filed by Janis Owens M.D. - GOOD FAITH (Defendant); Onrad, Inc - GOOD FAITH (Defendant)

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  • 09/08/2020
  • DocketDeclaration (Declaration of Matthew N. Trotter, Esq. in Support of Application for Good Faith Settlement); Filed by Janis Owens M.D. - GOOD FAITH (Defendant); Onrad, Inc - GOOD FAITH (Defendant)

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  • 09/02/2020
  • DocketNotice (of Partial Settlement); Filed by Janis Owens M.D. - GOOD FAITH (Defendant)

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62 More Docket Entries
  • 03/27/2019
  • DocketDeclaration (Declaration of Trial Attorney); Filed by Philip Abdoush, MD (Defendant); Redondo Emergency Physicians, Inc (Defendant)

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  • 03/15/2019
  • DocketDemand for Jury Trial; Filed by Philip Abdoush, MD (Defendant); Redondo Emergency Physicians, Inc (Defendant)

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  • 03/15/2019
  • DocketNotice of Deposit - Jury; Filed by Philip Abdoush, MD (Defendant); Redondo Emergency Physicians, Inc (Defendant)

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  • 03/15/2019
  • DocketAnswer (to Complaint); Filed by Philip Abdoush, MD (Defendant); Redondo Emergency Physicians, Inc (Defendant)

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  • 01/04/2019
  • DocketSummons (on Complaint)

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  • 01/03/2019
  • DocketApplication And Order For Appointment of Guardian Ad Litem (for Camron); Filed by Tabitha Williams (Plaintiff)

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  • 12/12/2018
  • DocketNotice of Rejection - Ex Parte Application Without Hearing (for Guardian ad litem)

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  • 10/19/2018
  • DocketCivil Case Cover Sheet; Filed by Angela Cain (Plaintiff); Camron Cain (Plaintiff); Tabitha Williams (Plaintiff)

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  • 10/19/2018
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 10/19/2018
  • DocketComplaint; Filed by Angela Cain (Plaintiff); Camron Cain (Plaintiff); Tabitha Williams (Plaintiff)

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Tentative Rulings

Case Number: 18STCV01492    Hearing Date: August 18, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Spring Street Courthouse, Department 32

angela cain, et al.,

Plaintiffs,

v.

Philip abdoush, m.d., et al.,

Defendants.

Case No.: 18STCV01492

Hearing Date: August 11, 2020

[TENTATIVE] order RE:

MOTION FOR SUMMARY JUDGMENT

Plaintiffs Angela Cain and Camron Cain (collectively, “Plaintiffs”) filed this wrongful death action against Defendant Gardena Hospital, LP (“Gardena Hospital”), among others. Defendant Avanti Hospitals, LLC (“Avanti Hospitals”) (collectively, “Defendants”) joins the motion. The Court need not address the statute of limitations issue.

Defendants proffer evidence that their care and treatment of Thomas Cain complied with the standard of care for hospitals under similar circumstances. Defendants also argue that they are not liable for any malpractice by the physician. “California case precedent establishes a hospital may be held liable for a doctor’s malpractice when the physician is actually employed by the hospital or is ostensibly the agent of the hospital, but not absent such a relationship.” (Elam v. College Park Hospital (1982) 132 Cal.App.3d 332, 337, internal citations omitted.) Defendant relies on the declaration of Kathy Wojno (“Wojno”), its chief executive officer. Wojno states that Defendant did not employ the physicians who treated Decedent. (Declaration of Kathy Wojno, ¶ 3.) Neither Thomas Cain nor his family signed the “Conditions of Admission” form at issue. (Declaration of Stephanie Charles, Exh. C.) However, Defendant signed the “Conditions of Admission” form in relation to a prior admission. (Id., Exh. B.)

Defendant proffers sufficient evidence to satisfy their burden, shifting the burden to Plaintiff to proffer sufficient evidence to give rise to a triable issue. Plaintiff fails to do so. Plaintiff filed no oppositions to the motion and joinder. Instead, Plaintiff filed notices of non-opposition to the motion and joinder. Therefore, Defendants’ motions are granted.

CONCLUSION AND ORDER

Defendants’ motions for summary judgment are granted. Defendants shall provide notice and file proof of such with the Court.

DATED: August 18, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: 18STCV01492    Hearing Date: August 11, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Spring Street Courthouse, Department 32

angela cain, et al.,

Plaintiffs,

v.

Philip abdoush, m.d., et al.,

Defendants.

Case No.: 18STCV01492

Hearing Date: August 11, 2020

[TENTATIVE] order RE:

MOTION FOR SUMMARY JUDGMENT

NOTICE

Department #32 will be dark for motions on August 11, 2020.  The parties are ordered to email the Court’s clerk at SSCDept32@lacourt.org to inform the clerk whether they are submitting on the Court’s tentative or whether they are requesting a hearing.  If any party requests a hearing, one will be scheduled.  If the parties do not email the Court’s clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue.

BACKGROUND

Plaintiffs Angela Cain and Camron Cain (collectively, “Plaintiffs”) filed this wrongful death action against Defendant Gardena Hospital, LP (“Gardena Hospital”), among others. Defendant Avanti Hospitals, LLC (“Avanti Hospitals”) (collectively, “Defendants”) joins the motion. Plaintiffs do not oppose the motion, which is denied.

LEGAL STANDARD

“[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . .  There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.”  (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.)  “[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact.”  (Ibid.)  In ruling on the motion, “the court may not weigh the plaintiff's evidence or inferences against the defendant[’s] as though it were sitting as the trier of fact.”  (Id. at 856.)  However, the court “must . . . determine what any evidence or inference could show or imply to a reasonable trier of fact.”  (Ibid., emphasis original.)  

DISCUSSION

Defendants first argue that Plaintiffs’ claims are time-barred. Per Code of Civil Procedure section 340.5, “In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.” (Code Civ. Proc., § 340.5.) In the complaint, Plaintiffs allege that they first learned that Decedent’s death was the result of aortic dissection when Los Angeles County Coroner’s Department issued its autopsy report on October 30, 2017. (Complaint, ¶ 21.) Plaintiffs filed their complaint on October 19, 2018. Defendant does not address Plaintiffs’ allegations that they were unaware of the cause of Decedent’s death until October 30, 2017. (See Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment.) Accordingly, Defendant has not met its burden to show that Plaintiffs’ claim is untimely.

Defendant also argues that it is not liable for medical malpractice. “California case precedent establishes a hospital may be held liable for a doctor’s malpractice when the physician is actually employed by the hospital or is ostensibly the agent of the hospital, but not absent such a relationship.” (Elam v. College Park Hospital (1982) 132 Cal.App.3d 332, 337, internal citations omitted.) Defendant relies on the declaration of Kathy Wojno (“Wojno”), its chief executive officer. Wojno states that Defendant did not employ the physicians who treated Decedent. (Declaration of Kathy Wojno, ¶ 3.)

However, Defendant has not proffered sufficient evidence to demonstrate that the physicians were not its ostensible agents. Defendant relies on its “Conditions of Admission” form, which states that the physicians in its facility are not its employees. There is no signature, and the form states that Decedent was unable to sign due to his medical condition. (Declaration of Stephanie Charles, Exhibit C.) Defendant proffers no such form from Decedent’s parents or someone authorized to make medical decisions for him. These facts create triable issues, so the motion is denied.

CONCLUSION AND ORDER

The motion for summary judgment is denied. Defendant shall provide notice and file proof of such with the Court.

DATED: August 11, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

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