This case was last updated from Los Angeles County Superior Courts on 06/12/2019 at 13:16:57 (UTC).

ANNIE BRYANT ET AL VS WINDSOR GARDENS OF LONG BEACH SNF

Case Summary

On 06/26/2017 ANNIE BRYANT filed a Personal Injury - Elder/Dependant Adult Abuse lawsuit against WINDSOR GARDENS OF LONG BEACH SNF. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are PATRICIA D. NIETO, ROBERT L. HESS and MALCOLM MACKEY. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6423

  • Filing Date:

    06/26/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Elder/Dependant Adult Abuse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

PATRICIA D. NIETO

ROBERT L. HESS

MALCOLM MACKEY

 

Party Details

Plaintiffs and Petitioners

BRYANT STEVIE

BRYANT ANNIE

Respondents and Defendants

DOES 1 TO 20

WINDSOR GARDENS OF LONG BEACH

SNF MANAGEMENT

WINDSOR GARDENS OF LONG BEACH DBA WINDSOR GARDENS CONVALESCENT CENTER OF LONG BEACH

WINDSOR GARDENS CONVAL. CTR. OF L. BEACH

S&F MANAGEMENT COMPANY LLC

BLYTHE/WINDSOR COUNTRY PARK HEALTHCARE...

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

MORAN MICHAEL F. ESQ.

MORAN LAW

MORAN MICHAEL F

Defendant and Respondent Attorneys

BEACH COWDREY JENKINS LLP [OXNARD]

BEACH COWDREY JENKINS LLP [SACRAMENTO]

COWDREY SEAN D

 

Court Documents

SUMMONS

6/26/2017: SUMMONS

PLAINTIFF'S NOTICE OF POSTING JURY FEES

6/26/2017: PLAINTIFF'S NOTICE OF POSTING JURY FEES

Unknown

6/26/2017: Unknown

DECLARATION OF STEVIE BRYANT TO COMMENCE LEGAL ACTION ON BEHALF OF THE DECEDENT, ANNIE MAE BRYANT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE 377.32

6/26/2017: DECLARATION OF STEVIE BRYANT TO COMMENCE LEGAL ACTION ON BEHALF OF THE DECEDENT, ANNIE MAE BRYANT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE 377.32

COMPLAINT FOR: 1. ELDER ABUSE (WELFARE AND INSTITUTIONS CODE 15600, ET SEQ.); ETC

6/26/2017: COMPLAINT FOR: 1. ELDER ABUSE (WELFARE AND INSTITUTIONS CODE 15600, ET SEQ.); ETC

PLAINTIFFS' PEREMPTORY CHALLENGE OF JUDGE UNDER CALIFORNIA CODE OF CIVIL PROCEDURE 170.6; DECLARATION OF ALEXANDER II. FELDMAN, ESQ. IN SUPPORT THEREOF

6/29/2017: PLAINTIFFS' PEREMPTORY CHALLENGE OF JUDGE UNDER CALIFORNIA CODE OF CIVIL PROCEDURE 170.6; DECLARATION OF ALEXANDER II. FELDMAN, ESQ. IN SUPPORT THEREOF

Minute Order

7/3/2017: Minute Order

PROOF OF SERVICE BY MAIL

7/14/2017: PROOF OF SERVICE BY MAIL

PROOF OF SERVICE SUMMONS

7/19/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE OF SUMMONS

7/19/2017: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

7/21/2017: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

7/21/2017: PROOF OF SERVICE OF SUMMONS

DEFENDANTS' NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

8/7/2017: DEFENDANTS' NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

NOTICE OF CASE MANAGEMENT CONFERENCE

8/8/2017: NOTICE OF CASE MANAGEMENT CONFERENCE

PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT; DECLARATION OF ALEXANDER H. FELDMAN, ESQ.

9/19/2017: PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT; DECLARATION OF ALEXANDER H. FELDMAN, ESQ.

DEFENDANTS' REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT

9/27/2017: DEFENDANTS' REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT

Minute Order

10/4/2017: Minute Order

Unknown

12/12/2017: Unknown

119 More Documents Available

 

Docket Entries

  • 02/14/2019
  • DocketMotion for Protective Order; Filed by Annie Bryant (Plaintiff); Stevie Bryant (Plaintiff)

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  • 02/05/2019
  • Docketat 08:30 AM in Department 24; Hearing on Motion to Compel Further Discovery Responses (To Request for Production of Documents, Set Seven, Nos. 4 through 6, from Defendant S&F Management, LLC) - Not Held - Taken Off Calendar by Party

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  • 01/31/2019
  • Docketat 08:30 AM in Department 24; Hearing on Motion for Protective Order (redefendants' Special Interrogatories Nos. 22-24;) - Held - Motion Granted

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  • 01/31/2019
  • DocketMinute Order ( (Hearing on Motion for Protective Order re: defendants' Specia...)); Filed by Clerk

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  • 01/29/2019
  • DocketNotice (of Taking Plaintiff's Motion to Compel Further Responses to Requests for Production of Documents, Set Seven, From Defendant S&F Management LLC, Off Calendar); Filed by Annie Bryant (Plaintiff); Stevie Bryant (Plaintiff)

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  • 01/28/2019
  • DocketSeparate Statement; Filed by Blythe/Windsor Country Park Healthcare... (Defendant); S&F Management Company, LLC (Defendant)

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  • 01/28/2019
  • DocketOpposition (Opposition to Motion to Compel); Filed by Blythe/Windsor Country Park Healthcare... (Defendant); S&F Management Company, LLC (Defendant)

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  • 01/22/2019
  • DocketReply (to Defendant's Opposition to Plaintiff's Motion for Protective Order Re Defendant's SROG No. 22-24; Request for Sanctions in the Amount of $1,060.00; Declaration of Damon A. Schwartz, Esq.); Filed by Annie Bryant (Plaintiff); Stevie Bryant (Plaintiff)

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  • 01/17/2019
  • DocketOpposition (to Motion for Protective Order); Filed by Blythe/Windsor Country Park Healthcare... (Defendant); S&F Management Company, LLC (Defendant)

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  • 01/14/2019
  • Docketat 10:30 AM in Department 24; In-Camera Hearing - Held

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328 More Docket Entries
  • 06/26/2017
  • DocketSummons Filed (on Plaintiffs Annie Bryant's and Stevie Bryant's Complaint ); Filed by Attorney for Plaintiff/Petitioner

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  • 06/26/2017
  • DocketDeclaration (Declaration of Stevie Bryant to Commence Legal Action on Behalf of the Decedent, Annie Mae Bryant pursuant to Code of Civil Procedure Section 377.32 ); Filed by Attorney for Plaintiff/Petitioner

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  • 06/26/2017
  • DocketComplaint (for Plaintiffs Annie Bryant and Stevie Bryant ); Filed by Attorney for Plaintiff/Petitioner

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  • 06/26/2017
  • DocketCIVIL DEPOSIT

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  • 06/26/2017
  • DocketSUMMONS

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  • 06/26/2017
  • DocketPLAINTIFF'S NOTICE OF POSTING JURY FEES

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  • 06/26/2017
  • DocketDeclaration; Filed by Annie Bryant (Plaintiff); Stevie Bryant (Plaintiff)

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  • 06/26/2017
  • DocketComplaint; Filed by Annie Bryant (Plaintiff); Stevie Bryant (Plaintiff)

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  • 06/26/2017
  • DocketReceipt-Depository; Filed by Annie Bryant (Plaintiff); Stevie Bryant (Plaintiff)

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  • 06/26/2017
  • DocketSummons; Filed by Annie Bryant (Plaintiff); Stevie Bryant (Plaintiff)

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Tentative Rulings

Case Number: ****6423    Hearing Date: January 13, 2020    Dept: 24

On June 26, 2017, Plaintiffs Annie Bryant, in and through her successor-in-interest, Stevie Bryant, and Stevie Bryant, individually, brought this action against Defendants Blythe/Windsor Country Park Healthcare Center LLC dba Windsor Gardens Convalescent Center of Long Beach (erroneously sued as Windsor Gardens of Long Beach) (“Windsor Gardens”) and S&F Management Company, LLC (“S&F”).

The complaint alleges four causes of action against Defendants for elder abuse, violation of Health & Safety Code ; 1430(b), willful misconduct, and wrongful death. Ms. Bryant was 91 when she passed away on July 22, 2015 while residing at Windsor Gardens. The complaint alleges Ms. Bryant died as a result of Defendants’ inadequate care provided on 21, 2015 and July 22, 2015 due to Defendants’ failure to implement Ms. Bryant’s plan of care relating to her lung infection, which was diagnosed two days earlier, and failure to monitor or assess her change in condition as ordered by her physician.

On December 18, 2019, Plaintiffs’ counsel Moran Law (“Counsel”) filed the instant motion to be relieved. No opposition was filed.

Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (CCP ; 284(2).) The attorney seeking to withdraw must take “reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel.” (Cal. Rules of Prof. Conduct, 3-700(A)(2). See, e.g., Vann v. Shilleh (1975) [holding withdrawal prejudicial where attorney withdraw from the representation of defendant on the Friday before trial began the following Monday].) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.)

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362(a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (CRC, 3.1362(d).) When a client is served by mail, the attorney’s declaration must indicate that the client’s address was confirmed within the last 30 days and how it was confirmed. (Id.) If the attorney is unable to confirm the client’s current address, the declaration must state the reasonable efforts made within the last 30 days to obtain the client’s current address. (Id.)

Additionally, the declaration “must state in general terms and without compromising the confidentiality of the attorney client relationship why” a motion is brought instead of filing a substitution of attorney. (CRC, 3.1362(c).)

Discussion

The Court finds that Counsel submits all the mandatory forms. Counsel states that on November 26, 2019, after more than 2 years of litigation with Defendants, the parties reached an agreement to resolve this matter. Since that time, Bryant has not returned an executed settlement agreement. Counsel states that this conduct renders it unreasonably difficult for Counsel to carry out the employment effectively. The Court finds this to be a satisfactory reason for permissive withdrawal.

Counsel has served Bryant by mail at his last known address and his email. However, Counsel does not declare that either address was confirmed as his current address within the past 30 days. Instead, Counsel declares that this was confirmed through the “over the past two years” of communication during this litigation. This does not comply with the requirement to confirm the client’s current address. Counsel will need to file a new application or clarify whether the address was confirmed as current. (RPC Rule 3-700(C)(1)(d).) Counsel may address the issue of current correspondence sent or returned at the hearing.

If Counsel does provide such a declaration or provide additional information at the hearing, then the Court would be inclined to grant the motion. There are no dispositive motions on calendar, and trial is not set for four months. Further, Counsel represents that the matter was settled, and that Bryant only needs to execute the agreement. Therefore, no prejudice is apparent to the client.

Otherwise, the motion would be continued to allow for code-compliant service.



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