This case was last updated from Los Angeles County Superior Courts on 03/07/2021 at 00:12:25 (UTC).

CAMERON GRIMSLEY VS PROVIDENCE ST JOHNS HEALTH CENTER

Case Summary

On 03/05/2018 CAMERON GRIMSLEY filed a Personal Injury - Motor Vehicle lawsuit against PROVIDENCE ST JOHNS HEALTH CENTER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6639

  • Filing Date:

    03/05/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

GRIMSLEY CAMERON

Defendants and Respondents

PROVIDENCE ST. JOHNS HEALTH CENTER

DOES 1 TO 50

ST. JOHN'S EMERGENCY SPEC INC

BAYSIDE ANASTHESIA MEDICAL GROUP

PACIFIC NEUROSCIENCE INSTITUTE

PACIFIC EVE & EAR SPECIALISTS

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

AUKLAND ANDREW

Defendant Attorney

TENCATI JAMI BETH

 

Court Documents

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

8/19/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

SUMMONS -

3/5/2018: SUMMONS -

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

3/5/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

 

Docket Entries

  • 03/05/2021
  • Docketat 08:30 AM in Department 5; (OSC RE Dismissal) - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 07/01/2020
  • Docketat 1:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion to Dismiss - Not Held - Vacated by Court

    Read MoreRead Less
  • 07/01/2020
  • Docketat 1:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: (failure to enter default / alternatively a trial setting conference) - Not Held - Vacated by Court

    Read MoreRead Less
  • 07/01/2020
  • Docketat 1:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Demurrer - without Motion to Strike - Not Held - Vacated by Court

    Read MoreRead Less
  • 06/29/2020
  • DocketNotice (of Taking Providence St. John's Motion to Dismiss Off Calendar); Filed by Providence St. Johns Health Center (Defendant)

    Read MoreRead Less
  • 06/29/2020
  • DocketNotice (of Taking Providence St. John's Demurrer Off Calendar); Filed by Providence St. Johns Health Center (Defendant)

    Read MoreRead Less
  • 06/29/2020
  • DocketRequest for Dismissal; Filed by Cameron Grimsley (Plaintiff)

    Read MoreRead Less
  • 06/24/2020
  • DocketNotice (of Non-Opposition to Demurrer by Defendant Providence St. John's Health Center); Filed by Providence St. Johns Health Center (Defendant)

    Read MoreRead Less
  • 06/24/2020
  • DocketNotice (of Non-Opposition to Motion to Dismiss Plaintiff's Complaint by Providence St. John's Health Center); Filed by Providence St. Johns Health Center (Defendant)

    Read MoreRead Less
  • 06/16/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: (failure to enter default / alternatively a trial setting conference) - Not Held - Clerical Error

    Read MoreRead Less
7 More Docket Entries
  • 03/11/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: (dismissal for failure to serve / alternatively Trial Setting Conference) - Held

    Read MoreRead Less
  • 03/11/2020
  • DocketMinute Order ( (Order to Show Cause Re: dismissal for failure to serve / alte...)); Filed by Clerk

    Read MoreRead Less
  • 03/11/2020
  • DocketMinute Order ( (Nunc Pro Tunc Order)); Filed by Clerk

    Read MoreRead Less
  • 03/10/2020
  • DocketProof of Personal Service; Filed by Cameron Grimsley (Plaintiff)

    Read MoreRead Less
  • 09/05/2019
  • Docketat 08:30 AM in Department 5; Jury Trial - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 08/19/2019
  • Docketat 10:00 AM in Department 5; Final Status Conference - Not Held - Vacated by Court

    Read MoreRead Less
  • 08/19/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

    Read MoreRead Less
  • 03/05/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less
  • 03/05/2018
  • DocketSUMMONS

    Read MoreRead Less
  • 03/05/2018
  • DocketComplaint; Filed by Cameron Grimsley (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: BC696639    Hearing Date: July 01, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

Cameron grimsley

Plaintiff,

v.

providence st. johns health center, et al.,

Defendants.

Case No.: BC696639

Hearing Date: July 1, 2020

[TENTATIVE] order RE:

defendant’s motion TO DISMISS PLAINTIFFS’ COMPLAINT

Plaintiff Cameron Grimsley (“Plaintiff”) filed this medical malpractice action against Defendant Providence St. John’s Health Center (“Defendant”), among others, on March 5, 2018. The summons and complaint were served upon Defendant via Peter Cayetano, the agent authorized to accept service, on March 10, 2020, at 11:52 a.m. The summons and complaint must be served within three years after the action was commenced. (Code Civ. Proc. ¶ 583.210.) The Court has discretion to dismiss an action if service is not made within two years after the complaint was filed. (Code Civ. Proc. § 583.410.) However, the Court cannot conclude that the record supports a dismissal of the entire action.

Plaintiff asserts causes of action for general negligence and medical malpractice. Plaintiff alleges that between March 1 and March 6, 2018, Defendant was negligent and reckless in providing medical treatment to Plaintiff. (Complaint, p. 6.) Specifically, Plaintiff alleges that this medical malpractice related to:

[P]erforming a tonsillectomy and turbinoplast on Plaintiff, administering emergency care, cauterizing Plaintiff’s wounds, prematurely releasing Plaintiff from care, examinations, diagnosis, prescriptions, recommendations, therapies, imaging studies, tests, and nursing care, failure to refer a patient to a specialist, and/or failure to provide reasonable treatment.

(Ibid.) Plaintiff alleges:

[A]s a result of defendant’s negligence, plaintiff was required to undergo additional medical treatment, incurring medical expenses, suffering lost earnings, pain and suffering, scarring, disfigurement, inconvenience, embarrassment, lost earning capacity, past and future medical expenses, household expenses, and medical devices.

(Ibid.)

Defendant demurs to the complaint, arguing that the allegations are too uncertain for Defendant to respond. The Court overrules the demurrer on this basis. A demurrer for uncertainty, per Code of Civil Procedure §430.10(f), is disfavored and will only be sustained where the pleading is so bad that defendant cannot reasonably respond—i.e., a defendant cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him/her. (Khoury v. Maly’s of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) Moreover, even if the pleading is somewhat vague, “ambiguities can be clarified under modern discovery procedures.” (Ibid.) In this case, the complaint makes clear that Defendant allegedly committed medical malpractice relating to a tonsillectomy and turbinoplast. The allegations are sufficient at this stage of the litigation.

Defendant also demurs to the cause of action for general negligence. The complaint makes clear that the gravamen of this action is one for medical malpractice. Medical negligence is one type of negligence, to which general negligence principles apply. (Massey v. Mercy Medical Center Redding (2009) 180 Cal.App.4th 690, 694.) Simply, Plaintiff cannot assert causes of action for both general negligence and medical negligence unless there are separate facts supporting each claim. In this case, Plaintiff alleges facts suggesting only medical negligence. Plaintiff’s failure to oppose the demurrer is a concession that Defendant is correct on this point. (See Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) Therefore, the Court sustains the demurrer with respect to the cause of action for general negligence.

CONCLUSION AND ORDER

The Court sustains the demurrer with respect to the cause of action for general negligence. Plaintiff may file a first amended complaint within ten (10) days of notice of this order. Defendant shall provide notice and file proof of such with the Court.

DATED: July 1, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where PROVIDENCE ST JOHNS HEALTH CENTER is a litigant

Latest cases represented by Lawyer TENCATI JAMI BETH