This case was last updated from Los Angeles County Superior Courts on 10/27/2020 at 08:37:42 (UTC).

AUSTIN LOPEZ VS CITRUS VALLEY MEDICAL CENTER INC.

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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ELAINE LU

PETER A. HERNANDEZ

 

Party Details

Plaintiffs, Guardian Ad Litems and Not Classified By Court

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.

Plaintiff, Minor and Not Classified By Court

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.

ROSA STEPHEN ALLEN

WHITTINGTON JEFFREY STEWART

MANOLATOU VANESSA KATERINA

 

Court Documents

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

6/26/2020: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: APPEAL;)

Appeal - Notice Court Reporter to Prepare Appeal Transcript - APPEAL - NOTICE COURT REPORTER TO PREPARE APPEAL TRANSCRIPT ;B301463, NOA 10/3/19;

12/19/2019: Appeal - Notice Court Reporter to Prepare Appeal Transcript - APPEAL - NOTICE COURT REPORTER TO PREPARE APPEAL TRANSCRIPT ;B301463, NOA 10/3/19;

Appeal - Notice of Default Issued

11/26/2019: Appeal - Notice of Default Issued

Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgme - ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGM

11/4/2019: Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgme - ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGM

Declaration re: Attorney's Fees

10/25/2019: Declaration re: Attorney's Fees

Judgment - JUDGMENT PROPOSED

8/29/2019: Judgment - JUDGMENT PROPOSED

Opposition - OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

7/9/2019: Opposition - OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

Memorandum of Points & Authorities

4/17/2019: Memorandum of Points & Authorities

Declaration - DECLARATION DECLARATION OF JERRY B. SCHWARTZ

4/19/2019: Declaration - DECLARATION DECLARATION OF JERRY B. SCHWARTZ

Notice of Change of Firm Name

2/4/2019: Notice of Change of Firm Name

Opposition - Opposition OF DEFENDANT CITRUS VALLEY MEDICAL CENTER, INC TO PLAINTIFF'S MOTION TO COMPEL AND FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF LAURA L. STEPHAN

2/13/2019: Opposition - Opposition OF DEFENDANT CITRUS VALLEY MEDICAL CENTER, INC TO PLAINTIFF'S MOTION TO COMPEL AND FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF LAURA L. STEPHAN

NOTICE OF CONTINUED HEARING ON DEFENDANT CITRUS VALLEY MEDICAL CENTER, INC.'S DEMURRER AND MOTION TO STRIKE

5/16/2018: NOTICE OF CONTINUED HEARING ON DEFENDANT CITRUS VALLEY MEDICAL CENTER, INC.'S DEMURRER AND MOTION TO STRIKE

Notice - OF STATUS HEARING

7/5/2018: Notice - OF STATUS HEARING

Minute Order - (Amended)

12/18/2018: Minute Order - (Amended)

Notice of Change of Firm Name -

9/11/2018: Notice of Change of Firm Name -

ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

5/22/2018: ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

OPPOSITION TO DEMURRER OF DEFENDANT CITRUS VALLEY MEDICAL CENTER INC.TO THE 2ND AND 3RD CAUSES OF ACTION;AND ETC.

5/8/2018: OPPOSITION TO DEMURRER OF DEFENDANT CITRUS VALLEY MEDICAL CENTER INC.TO THE 2ND AND 3RD CAUSES OF ACTION;AND ETC.

COMPLAINT FOR: 1) MEDICAL MALPRACTICE; ETC

2/5/2018: COMPLAINT FOR: 1) MEDICAL MALPRACTICE; ETC

98 More Documents Available

 

Docket Entries

  • 01/11/2021
  • Hearing01/11/2021 at 08:30 AM in Department O at 400 Civic Center Plaza, Pomona, CA 91766; Status Conference

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  • 06/26/2020
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Status Conference (ReAppeal) - Held - Continued

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  • 06/26/2020
  • DocketCertificate of Mailing for ((Status Conference Re: Appeal;) of 06/26/2020); Filed by Clerk

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  • 06/26/2020
  • DocketMinute Order ( (Status Conference Re: Appeal;)); Filed by Clerk

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  • 06/12/2020
  • DocketDeclaration (of Sohaila Sagheb re OSC re Appeal); Filed by Austin Lopez (Plaintiff)

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  • 04/03/2020
  • DocketNotice of Status Conference and Order; Filed by Clerk

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  • 02/14/2020
  • DocketAppeal Record Delivered; Filed by Clerk

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  • 01/28/2020
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Hearing on Motion to Tax Costs - Held - Motion Denied

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  • 01/28/2020
  • DocketMinute Order ( (Hearing on Motion to Tax Costs;)); Filed by Clerk

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  • 01/28/2020
  • DocketOrder (on the Court's Tentative Ruling); Filed by Clerk

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157 More Docket Entries
  • 02/22/2018
  • DocketApplication ; 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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  • 02/15/2018
  • DocketPLAINTIFF'S NOTICE OF POSTING JURY FEES

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

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

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  • 02/05/2018
  • DocketComplaint Filed

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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.