This case was last updated from Los Angeles County Superior Courts on 10/10/2021 at 19:48:27 (UTC).

CLARA RASCON VS COUNTY OF LOS ANGELES ET AL

Case Summary

On 11/22/2017 CLARA RASCON filed a Personal Injury - Medical Malpractice lawsuit against COUNTY OF LOS ANGELES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4644

  • Filing Date:

    11/22/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Medical Malpractice

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LAURA A. SEIGLE

 

Party Details

Petitioner and Plaintiff

RASCON CLARA

Respondents and Defendants

UNIVERSITY OF SOUTHERN CALIFORNIA

COUNTY OF LOS ANGELES

DOES 1 TO 30

Attorney/Law Firm Details

Petitioner and Plaintiff Attorney

SPILE LEFF AND GOOR LLP

Respondent and Defendant Attorney

STOCKALPER PATRICK E. ESQ.

 

Court Documents

SUMMONS -

11/22/2017: SUMMONS -

COMPLAINT FOR MEDICAL MALPRACTICE

11/22/2017: COMPLAINT FOR MEDICAL MALPRACTICE

ORDER ON COURT FEE WAIVER -

11/22/2017: ORDER ON COURT FEE WAIVER -

ANSWER TO DEFENDANT COUNTY OF LOS ANGELES TO COMPLAINT FOR MEDICAL MALPRACTICE

6/27/2018: ANSWER TO DEFENDANT COUNTY OF LOS ANGELES TO COMPLAINT FOR MEDICAL MALPRACTICE

PROOF OF SERVICE SUMMONS -

3/15/2018: PROOF OF SERVICE SUMMONS -

Ex Parte Application - Ex Parte Application Ex Parte Application to Continue the Trial Date Per Stipulation of the Parties

3/8/2019: Ex Parte Application - Ex Parte Application Ex Parte Application to Continue the Trial Date Per Stipulation of the Parties

Minute Order - Minute Order (Hearing on Ex Parte Application to Continue the Trial Date pe...)

3/8/2019: Minute Order - Minute Order (Hearing on Ex Parte Application to Continue the Trial Date pe...)

Order - JOINT STIPULATION OF THE PARTIES TO CONTINUE TRIAL FROM MAY 22, 2019, TO JANUARY 20, 2020

3/8/2019: Order - JOINT STIPULATION OF THE PARTIES TO CONTINUE TRIAL FROM MAY 22, 2019, TO JANUARY 20, 2020

Notice of Change of Address or Other Contact Information

6/18/2019: Notice of Change of Address or Other Contact Information

Notice of Ruling

9/19/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE)

9/19/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE)

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE

9/19/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE

Motion to Continue Trial Date

9/25/2019: Motion to Continue Trial Date

Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONTINUE TRIAL)

10/24/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONTINUE TRIAL)

Declaration - DECLARATION OF PATRICK E. STOCKALPER, ESQ. IN SUPPORT OF DEFENDANT'S COUNTY OF LOS ANGELES'S MOTION TO CONTINUE TRIAL

10/23/2019: Declaration - DECLARATION OF PATRICK E. STOCKALPER, ESQ. IN SUPPORT OF DEFENDANT'S COUNTY OF LOS ANGELES'S MOTION TO CONTINUE TRIAL

Request for Dismissal

10/24/2019: Request for Dismissal

4 More Documents Available

 

Docket Entries

  • 11/23/2020
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; (OSC RE Dismissal) - Not Held - Vacated by Court

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  • 01/21/2020
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 01/06/2020
  • Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 10/24/2019
  • Docketat 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Continue Trial - Held - Motion Denied

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  • 10/24/2019
  • DocketMinute Order ( (Hearing on Motion to Continue Trial)); Filed by Clerk

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  • 10/24/2019
  • DocketRequest for Dismissal; Filed by CLARA RASCON (Plaintiff)

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  • 10/23/2019
  • DocketDeclaration ( of Patrick E. Stockalper, Esq. in Support of Defendant's County of Los Angeles's Motion to Continue Trial); Filed by COUNTY OF LOS ANGELES (Defendant)

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  • 09/25/2019
  • DocketMotion to Continue Trial Date; Filed by COUNTY OF LOS ANGELES (Defendant)

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  • 09/19/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Ex Parte Application (To continue the trial date) - Held - Motion Denied

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  • 09/19/2019
  • DocketNotice of Ruling; Filed by COUNTY OF LOS ANGELES (Defendant)

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7 More Docket Entries
  • 03/08/2019
  • DocketEx Parte Application (Ex Parte Application to Continue the Trial Date Per Stipulation of the Parties); Filed by COUNTY OF LOS ANGELES (Defendant)

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  • 03/08/2019
  • DocketJoint Stipulation of the Parties to Continue Trial from May 22, 2019, to January 20, 2020; Filed by COUNTY OF LOS ANGELES (Defendant)

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  • 03/07/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Ex Parte Application (TO CONTINUE THE TRIAL DATE PER STIPULATION OF THE PARTIES)

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  • 06/27/2018
  • DocketAnswer; Filed by COUNTY OF LOS ANGELES (Defendant)

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  • 06/27/2018
  • DocketANSWER TO DEFENDANT COUNTY OF LOS ANGELES TO COMPLAINT FOR MEDICAL MALPRACTICE

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  • 03/15/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 11/22/2017
  • DocketComplaint; Filed by CLARA RASCON (Plaintiff)

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  • 11/22/2017
  • DocketORDER ON COURT FEE WAIVER

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  • 11/22/2017
  • DocketCOMPLAINT FOR MEDICAL MALPRACTICE

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  • 11/22/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: ****4644    Hearing Date: October 24, 2019    Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO CONTINUE TRIAL

This medical malpractice action was filed on November 22, 2017 by plaintiff Clara Rascon (“Plaintiff”) against defendant County of Los Angeles (“Defendant”). The action arose from Plaintiff’s post-operative fall while inpatient. Defendant County of Los Angeles filed an unopposed motion to continue trial from January 21, 2020 to September 14, 2020. Plaintiff recently passed away and the parties have been addressing and negotiating Medi-Cal and Medicare liens. The parties state they have held off on discovery with anticipation of resolving the matter. This is the second request for a trial continuance.

A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for continuance may be granted on an affirmative showing of good cause. (Cal. Rules of Court, Rule 3.1332.)

The parties do not explain why the need 11 more months to September 14, 2020 to finish litigating this case. They do not state when Plaintiff died or who is now prosecuting this case on her behalf. Either the representative of the estate or the successor in interest needs to be a party to this case. Plaintiff’s counsel cannot make litigation decisions without a client. The parties do not state what discovery has taken place in the previous two years, what remains to be completed, and why the remaining discovery cannot be completed before the January trial date. They do not state how they plan to resolve the outstanding issues and what steps they have already taken to resolve this case. For example, have they retained a mediator and do they have a mediation date?

The motion is DENIED without prejudice for failure to show good cause.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.



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