This case was last updated from Los Angeles County Superior Courts on 01/21/2022 at 21:22:17 (UTC).

AUSTIN LOPEZ VS CITRUS VALLEY MEDICAL CENTER INC ET AL

Case Summary

On 02/05/2018 AUSTIN LOPEZ filed a Personal Injury - Medical Malpractice lawsuit against CITRUS VALLEY MEDICAL CENTER INC. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are ELAINE LU and PETER A. HERNANDEZ. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2955

  • Filing Date:

    02/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ELAINE LU

PETER A. HERNANDEZ

 

Party Details

Guardian Ad Litems, Not Classified By Court and Plaintiffs

LOPEZ MAGALY

LOPEZ AUSTIN

Defendants and Respondents

DOES 1 TO 100

CITRUS VALLEY MEDICAL CENTER INC

LAWAS-ALEJO PERTETUA A. M.D.

LAWAS-ALEJO M.D PERPETUA A.

CITRUS VALLEY MEDICAL CENTER INC.

LAWAS-ALEJO M.D. PERPETUA A.

Minor, Not Classified By Court and Plaintiff

LOPEZ AUSTIN

Attorney/Law Firm Details

Plaintiff and Minor Attorneys

SAGHEB SOHAILA ESQ.

SAGHEB SOHAILA

Defendant and Respondent Attorneys

ROSA STEPHEN A.

WHITTINGTON JEFFREY S. ESQ.

ROSA STEPHEN A. ESQ.

WHITTINGTON JEFFREY STEWART

ROSA STEPHEN ALLEN

KISESKEY KELLY L.

MANOLATOU VANESSA KATERINA

 

Court Documents

Stipulation and Order - STIPULATION AND ORDER FOR CONTINUANCE OF TRIAL AND RELATED DATES

1/11/2022: Stipulation and Order - STIPULATION AND ORDER FOR CONTINUANCE OF TRIAL AND RELATED DATES

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE;)

1/11/2022: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE;)

Remittitur - REMITTITUR - REPORT OF ACTION TAKEN ON REMITTITUR

5/26/2021: Remittitur - REMITTITUR - REPORT OF ACTION TAKEN ON REMITTITUR

Appeal - Remittitur - Reversed - APPEAL - REMITTITUR - REVERSED B301463

5/13/2021: Appeal - Remittitur - Reversed - APPEAL - REMITTITUR - REVERSED B301463

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TRIAL PREFERENCE; STATUS CONFERENCE)

5/21/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TRIAL PREFERENCE; STATUS CONFERENCE)

Memorandum - MEMORANDUM OF COSTS ON APPEAL

5/13/2021: Memorandum - MEMORANDUM OF COSTS ON APPEAL

Declaration - DECLARATION OF SOHAILA SAGHEB RE OSC RE APPEAL AND HEARING RE P'S MOTION FOR PREFERENCE

5/4/2021: Declaration - DECLARATION OF SOHAILA SAGHEB RE OSC RE APPEAL AND HEARING RE P'S MOTION FOR PREFERENCE

Substitution of Attorney

5/7/2021: Substitution of Attorney

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TRIAL PREFERENCE; STATUS CONFERENCE RE:...)

5/7/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TRIAL PREFERENCE; STATUS CONFERENCE RE:...)

Notice Re: Continuance of Hearing and Order

4/13/2021: Notice Re: Continuance of Hearing and Order

Notice - NOTICE OF STATUS CONFERENCE

4/16/2021: Notice - NOTICE OF STATUS CONFERENCE

Notice - NOTICE OF CONTINUANCE OF HEARING RE MOTION FOR PREFERENCE

4/7/2021: Notice - NOTICE OF CONTINUANCE OF HEARING RE MOTION FOR PREFERENCE

Motion for Trial Preference

3/22/2021: Motion for Trial Preference

Declaration - DECLARATION OF MAGALY LOPEZ ISO MOTION FOR PREFERENCE

3/22/2021: Declaration - DECLARATION OF MAGALY LOPEZ ISO MOTION FOR PREFERENCE

Declaration - DECLARATION OF SOHAILA SAGHEB ISO MOTION FOR PREFERENCE

3/22/2021: Declaration - DECLARATION OF SOHAILA SAGHEB ISO MOTION FOR PREFERENCE

Declaration - DECLARATION OF SOHAILA SAGHEB RE STATUS OF APPEAL

12/23/2020: Declaration - DECLARATION OF SOHAILA SAGHEB RE STATUS OF APPEAL

Notice - NOTICE OF STATUS CONFERENCE RE APPEAL

1/11/2021: Notice - NOTICE OF STATUS CONFERENCE RE APPEAL

Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: APPEAL;)

1/11/2021: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: APPEAL;)

116 More Documents Available

 

Docket Entries

  • 03/29/2022
  • Hearing03/29/2022 at 10:00 AM in Department O at 400 Civic Center Plaza, Pomona, CA 91766; Jury Trial

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  • 03/15/2022
  • Hearing03/15/2022 at 10:00 AM in Department O at 400 Civic Center Plaza, Pomona, CA 91766; Final Status Conference

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  • 01/11/2022
  • Docketat 10:00 AM in Department O, Peter A. Hernandez, Presiding; Final Demand Conference - Not Held - Vacated by Court

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  • 01/11/2022
  • Docketat 10:00 AM in Department O, Peter A. Hernandez, Presiding; Final Status Conference - Held - Continued

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  • 01/11/2022
  • DocketStipulation and Order (FOR CONTINUANCE OF TRIAL AND RELATED DATES); Filed by PERPETUA A. LAWAS-ALEJO, M.D. (Defendant)

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  • 01/11/2022
  • DocketMinute Order ( (Final Status Conference;)); Filed by Clerk

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  • 05/26/2021
  • DocketRemittitur (- REPORT OF ACTION TAKEN ON REMITTITUR); Filed by Clerk

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  • 05/21/2021
  • Docketat 10:30 AM in Department O, Peter A. Hernandez, Presiding; Status Conference - Held

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  • 05/21/2021
  • Docketat 10:30 AM in Department O, Peter A. Hernandez, Presiding; Hearing on Motion for Trial Preference - Held - Motion Granted

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  • 05/21/2021
  • DocketMinute Order ( (Hearing on Motion for Trial Preference; Status Conference)); Filed by Clerk

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187 More Docket Entries
  • 02/22/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 02/15/2018
  • DocketPLAINTIFF'S NOTICE OF POSTING JURY FEES

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  • 02/15/2018
  • DocketNotice; Filed by Austin Lopez (Plaintiff)

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  • 02/15/2018
  • DocketReceipt; Filed by Austin Lopez (Plaintiff)

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  • 02/15/2018
  • DocketNotice of Related Case; Filed by Plaintiff/Petitioner

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  • 02/15/2018
  • DocketNOTICE OF RELATED CASE

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  • 02/15/2018
  • DocketCIVIL DEPOSIT

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  • 02/05/2018
  • DocketComplaint Filed

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  • 02/05/2018
  • DocketComplaint; Filed by null

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  • 02/05/2018
  • DocketCOMPLAINT FOR: 1) MEDICAL MALPRACTICE; ETC

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Tentative Rulings

Case Number: BC692955    Hearing Date: January 28, 2020    Dept: O

Plaintiff Austin Lopez’s motion to tax costs is DENIED.

Plaintiff Austin Lopez (“Plaintiff”) moves to strike and tax costs pursuant to California Rule of Court 3.1700(b) after Defendant Pepetua Lawas-Alejo (“Defendant”) obtained a judgment in her favor.

Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (CCP § 1032(b).)

The  (CRC 3.1700(b).) If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. (Ladas v. California State Automotive Assoc. (1993) 19 Cal.App.4th 761, 773-774.) On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. (Ibid.)

On July 30, 2019, the Court granted Defendant’s motion for summary judgment. Defendant filed a memorandum of cost on October 31, 2019. Plaintiff filed the current motion to tax costs contending that the repeated use of an attorney service to personally deliver documents is excessive and unreasonable.

The Court finds that the attorney service fees are reasonable and necessary to the conduct of litigation. Plaintiff objected to Defendant’s memorandum of cost and, specifically, that the attorney service fees claimed are unreasonable because they are not reasonably necessary. However, Defendant contends that her use of the attorney service fee was done to keep costs minimal because her attorneys were in Calabasas, CA, and having to send someone from Defendant’s counsel’s office to file these documents at the Pomona Courthouse would have cost exponentially more. Defendant has also included invoices to document that these costs were actually incurred. Accordingly, the Court declines to tax these costs.

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