This case was last updated from Los Angeles County Superior Courts on 10/21/2020 at 07:57:17 (UTC).

GERARDO FELIX, ET AL VS BEACH DISTRICT SURGERY CENTER, ET A

Case Summary

On 05/18/2018 GERARDO FELIX filed a Personal Injury - Medical Malpractice lawsuit against BEACH DISTRICT SURGERY CENTER, ET A. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6677

  • Filing Date:

    05/18/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiffs and Petitioners

FELIX XOCHIL

FELIX GERARDO

Defendants and Respondents

BEACH DISTRICT SURGERY CENTER L.P.

BAJAJ. AKASH M.D.

BEACH DISTRICT SURGERY CENTER LLC

DOES 1-100

M.D. BAJAJ. AKASH

REMEDY PAIN SOLUTIONS INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BURKE SEAN M. ESQ.

BURKE SEAN MICHAEL

Defendant and Respondent Attorneys

KJAR JAMES J. ESQ.

SCHMID & VOILES

LAMBIRTH DENA J.

 

Court Documents

Request for Dismissal - REQUEST FOR DISMISSAL - NOT ENTERED

6/24/2020: Request for Dismissal - REQUEST FOR DISMISSAL - NOT ENTERED

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT) OF 06/08/2020

6/8/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT) OF 06/08/2020

Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF SETTLEMENT)

6/8/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF SETTLEMENT)

Notice of Settlement

6/8/2020: Notice of Settlement

Notice of Change of Firm Name

1/6/2020: Notice of Change of Firm Name

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT)

1/3/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT)

Judgment Following General Verdict

1/3/2020: Judgment Following General Verdict

Notice - NOTICE OF NON-OPPOSITION TO THE MSJ BY DEFENDANTS BEACH DISTRICT SURGERY CENTER LP AND BEACH DISTRICT SURGERY CENTER LLC

12/20/2019: Notice - NOTICE OF NON-OPPOSITION TO THE MSJ BY DEFENDANTS BEACH DISTRICT SURGERY CENTER LP AND BEACH DISTRICT SURGERY CENTER LLC

Separate Statement

7/30/2019: Separate Statement

Motion for Summary Judgment

7/30/2019: Motion for Summary Judgment

Declaration - DECLARATION DECLARATION OF DR. FERRANTE ISO MOTION FOR SUMMARY JUDGMENT

7/30/2019: Declaration - DECLARATION DECLARATION OF DR. FERRANTE ISO MOTION FOR SUMMARY JUDGMENT

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

8/6/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

Notice - NOTICE NOTICE OF CONTINUANCE OF TRIAL, FINAL STATUS CONFERENCE AND RELATED MOTION/DISCOVERY DATES

8/13/2019: Notice - NOTICE NOTICE OF CONTINUANCE OF TRIAL, FINAL STATUS CONFERENCE AND RELATED MOTION/DISCOVERY DATES

Notice of Posting of Jury Fees

2/13/2019: Notice of Posting of Jury Fees

Proof of Service -

6/25/2018: Proof of Service -

DECLARATION OF TRIAL ATTORNEY

7/9/2018: DECLARATION OF TRIAL ATTORNEY

SUMMONS -

5/18/2018: SUMMONS -

COMPLAINT FOR BREACH OF MEDICAL AND PROFESSIONAL OBLIGATION

5/18/2018: COMPLAINT FOR BREACH OF MEDICAL AND PROFESSIONAL OBLIGATION

19 More Documents Available

 

Docket Entries

  • 12/11/2020
  • Hearing12/11/2020 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 09/18/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 09/04/2020
  • Docketat 10:00 AM in Department 32, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 06/24/2020
  • Docketat 1:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion for Summary Judgment - Not Held - Taken Off Calendar by Party

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  • 06/24/2020
  • Docketat 1:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion for Summary Judgment - Not Held - Advanced and Vacated

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  • 06/24/2020
  • DocketRequest for Dismissal (- Not Entered); Filed by Bajaj. Akash M.D. (Defendant); Beach District Surgery Center, L.P. (Defendant); Beach District Surgery Center, LLC (Defendant) et al.

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  • 06/08/2020
  • Docketat 09:49 AM in Department 32, Stephen I. Goorvitch, Presiding; Court Order

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  • 06/08/2020
  • DocketCertificate of Mailing for ((Court Order re: notice of settlement) of 06/08/2020); Filed by Clerk

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  • 06/08/2020
  • DocketMinute Order ( (Court Order re: notice of settlement)); Filed by Clerk

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  • 06/08/2020
  • DocketNotice of Settlement; Filed by Gerardo Felix (Plaintiff); Xochil Felix (Plaintiff)

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30 More Docket Entries
  • 07/09/2018
  • DocketDECLARATION OF TRIAL ATTORNEY

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  • 06/25/2018
  • DocketProof-Service/Summons; Filed by Gerardo Felix (Plaintiff); Xochil Felix (Plaintiff)

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  • 06/25/2018
  • DocketProof of Service

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  • 06/25/2018
  • DocketProof of Service

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  • 06/25/2018
  • DocketProof-Service/Summons; Filed by Gerardo Felix (Plaintiff); Xochil Felix (Plaintiff)

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  • 06/25/2018
  • DocketProof of Service

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  • 06/25/2018
  • DocketProof-Service/Summons; Filed by Gerardo Felix (Plaintiff); Xochil Felix (Plaintiff)

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  • 05/18/2018
  • DocketCOMPLAINT FOR BREACH OF MEDICAL AND PROFESSIONAL OBLIGATION

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  • 05/18/2018
  • DocketComplaint; Filed by Gerardo Felix (Plaintiff); Xochil Felix (Plaintiff)

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  • 05/18/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC706677    Hearing Date: January 03, 2020    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

GERARDO FELIX, et al.,

Plaintiffs,

v.

BEACH DISTRICT SURGERY CENTER, LLC, et al.,

Defendants.

Case No.: BC706677

Hearing Date: January 3, 2020

[Tentative] order RE:

DEFENDANTS BEACH DISTRICT SURGERY CENTER, LLC AND BEACH DISTRICT SURGERY CENTER, LP’S MOTION FOR SUMMARY JUDGMENT

Plaintiffs Gerardo Felix and Xochil Felix (“Plaintiffs”) filed this action against Defendants Beach District Surgery Center, LLC; Beach District Surgery Center, L.P.; and Aakash Bajaj, M.D. for medical negligence based upon their alleged failure to advise, inform, and warn Plaintiff Gerardo Felix of the potential consequences of his treatment. Plaintiff Xochil Felix seeks damages for loss of consortium. On July 30, 2019, Defendants Beach District Surgery Center, LLC and Beach District Surgery Center, LP (collectively “Defendants”) filed the instant motion for summary judgment. Defendants rely on a declaration from Michael Ferrante, M.D., a licensed physician who is board certified in internal medicine and anesthesiology. (Ferrante Decl., ¶ 1.) Dr. Ferrante opines that Defendants’ nurses and staff complied with the applicable standard of care at all times. (Id., ¶¶ 28-29.) Plaintiffs have submitted a notice of non-opposition indicating that they are not opposing Defendants’ motion. Therefore, the Court grants Defendants’ motion for summary judgment with respect to Plaintiff Gerardo Felix’s medical malpractice claim. With respect to Plaintiff Xochil’s claim for loss of consortium, the Court finds that Defendants are also entitled to summary judgment on this claim, given that Defendants are entitled to judgment on the professional negligence cause of action. (See Vanhooser v. Superior Court (2012) 206 Cal.App.4th 921, 927 (“A cause of action for loss of consortium is, by its nature, dependent on the existence of a cause of action for tortious injury to a spouse.”).)

CONCLUSION AND ORDER

Defendants’ motion for summary judgment is granted. Defendants shall provide notice and file proof of such with the Court.

DATED: January 3, 2020 ___________________________

Hon. Stephen I. Goorvitch

Judge of the Superior Court