This case was last updated from Los Angeles County Superior Courts on 07/09/2019 at 04:52:56 (UTC).

JAMES A EUBANKS JR VS DOES 1 TO DOES 50

Case Summary

On 02/01/2018 a Personal Injury - Other Product Liability case was filed by JAMES A EUBANKS JR against DOES 1 TO DOES 50 in the jurisdiction of Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2445

  • Filing Date:

    02/01/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

MARGARET MILLER BERNAL

 

Party Details

Petitioner and Plaintiff

EUBANKS JAMES A.

Defendants and Respondents

DOES 1 TO DOES 50

ARJO INC. INDIVIDUALLY AND DOING

ALPHA DIAGNOSTICS P.C. (DOE 36)

STEVENS RIELLUY (DOE 37)

 

Court Documents

DEMAND FOR JURY TRIAL

9/20/2018: DEMAND FOR JURY TRIAL

Request for Dismissal

11/27/2018: Request for Dismissal

Order

2/14/2019: Order

Minute Order

3/28/2019: Minute Order

Notice

4/8/2019: Notice

Declaration

4/8/2019: Declaration

Notice

4/16/2019: Notice

Case Management Statement

4/24/2019: Case Management Statement

Case Management Statement

4/29/2019: Case Management Statement

Minute Order

5/9/2019: Minute Order

Separate Statement

5/14/2019: Separate Statement

Declaration

5/14/2019: Declaration

Certificate of Mailing for

5/28/2019: Certificate of Mailing for

Minute Order

5/28/2019: Minute Order

Cross-Complaint

5/31/2019: Cross-Complaint

Notice of Change of Address or Other Contact Information

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

Notice of Change of Address or Other Contact Information

6/19/2019: Notice of Change of Address or Other Contact Information

Notice

6/24/2019: Notice

38 More Documents Available

 

Docket Entries

  • 06/24/2019
  • Notice (of Non Opposition to Defendant Alpha Diagnostics, PC (DOE 36) Motion for Summary Judgment); Filed by James A. Eubanks (Plaintiff)

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  • 06/19/2019
  • Notice of Change of Address or Other Contact Information; Filed by Heather M. Bean (Attorney)

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  • 06/18/2019
  • Notice of Change of Address or Other Contact Information; Filed by Patrick Edward Stockalper, Esq. (Attorney)

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  • 05/31/2019
  • Summons on Cross-Complaint; Filed by Arjo Inc., individually and (DISMISSED) (Defendant)

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  • 05/31/2019
  • Cross-Complaint; Filed by Arjo Inc., individually and (DISMISSED) (Cross-Complainant)

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  • 05/30/2019
  • NOTICE OF RULING ON DEFENDANT ARJO, INC.?S MOTION FOR LEAVE TO AMEND TO FILE CROSS-COMPLAINT; Filed by Arjo Inc., individually and (DISMISSED) (Defendant)

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  • 05/28/2019
  • at 1:30 PM in Department C; Hearing on Motion for Leave (To File Cross-Complaint) - Held - Motion Granted

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  • 05/28/2019
  • Order (re: hearing of 5/28/19); Filed by Clerk

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  • 05/28/2019
  • Minute Order ( (Hearing on Motion for Leave To File Cross-Complaint)); Filed by Clerk

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  • 05/28/2019
  • Certificate of Mailing for (Minute Order (Hearing on Motion for Leave To File Cross-Complaint) of 05/28/2019); Filed by Clerk

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51 More Docket Entries
  • 04/09/2018
  • First Amended Complaint; Filed by James A. Eubanks (Plaintiff)

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  • 04/09/2018
  • Summons; Filed by James A. Eubanks (Plaintiff)

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  • 04/09/2018
  • FIRST AMENDED COMPLAINT FOR PERSONAL INJURIES AND DAMAGES: 1. NETGLIGENCE

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  • 04/09/2018
  • DEMAND FOR JURY TRIAL

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  • 04/09/2018
  • SUMMONS

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  • 04/02/2018
  • AMENDMENT TO COMPLAINT

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  • 04/02/2018
  • Amendment to Complaint; Filed by James A. Eubanks (Plaintiff)

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  • 02/01/2018
  • Complaint; Filed by James A. Eubanks (Plaintiff)

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  • 02/01/2018
  • SUMMONS

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  • 02/01/2018
  • COMPLAINT FOR PERSONAL INJURIES AND DAMAGES 1. NEGLIGENCE ;ETC

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Tentative Rulings

Case Number: BC692445    Hearing Date: January 28, 2020    Dept: SEC

EUBANKS v. ARJO, INC.

CASE NO.: BC692445

HEARING: 1/28/19

JUDGE: MARGARET M. BERNAL

#6

TENTATIVE ORDER

Defendant Alpha Diagnostics, P.C.’s motions for summary judgment is DENIED.

Arjo, Inc. to give NOTICE.

Defendant Alpha Diagnostics, P.C. (“Alpha”) moves for summary judgment against Plaintiff Eubanks and Cross-Complainant Arjo, Inc. pursuant to CCP 437c.

Objections

Arjo’s evidentiary objections to Ehrhart and Semos’s declarations are overruled.

Alpha’s evidentiary objections to Waghalter’s declaration is sustained as to objections 2-3 and overruled as to objections 1 and 4. Objections to Solomon’s declaration are overruled.

Pleadings

The First Amended Complaint (“FAC”) alleges that on 3/8/17, while Plaintiff was having cervical spine surgery, the compression device caused injury to Plaintiff’s body and nervous system. The FAC asserts a single cause of action for Negligence against Defendant Alpha Diagnostics (as Doe 36). Par. 28 alleges that on 3/8/17, Defendant was involved in Plaintiff’s surgery and was specifically tasked with neuromonitoring during the surgery. Par. 29 alleges that Defendant failed to exercise the degree of knowledge and skill ordinarily possessed and exercised by other similar neuromonitoring providers.

Cross-Complainant Arjo, Inc.’s Cross-Complaint asserts Equitable Indemnity, Comparative Equitable Indemnity, and Apportionment of Fault against Alpha Diagnostics.

Standard

A defendant moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff’s cause of action cannot be established. (CCP 437c(p)(2).)

Merits

Where the moving party produces competent expert opinion declarations showing that there is no triable issue of fact on an essential element of the opposing party's claim, the opposing party's burden is to produce competent expert opinion declarations to the contrary. (Ochoa v. Pacific Gas & Elec. Co. (1998) 61 CA4th 1480, 1487.) 

Defendant produces the expert opinion declaration of Kevin Ehrhart, M.D. The court finds that Ehrhart is a qualified expert. (Ehrhart Decl., Pars. 2-3.) Ehrhart declares that “no act or omission by Ms. Stevens [Alpha Diagnostic’s neuromonitor] or the personnel of defendant Alpha Diagnostics was a substantial factor in causing the injuries claimed by the Plaintiff.” (Id. at Par. 11.)

Plaintiff filed a Notice of Non-Opposition.

In opposition, Cross-Complainant, Arjo, Inc. produces the expert declaration of Kenneth A. Solomon, Ph.D. The court finds that Solomon is a qualified expert. (Solomon Decl., Pars. 1-2.) Solomon opines that: “Had the… neuromonitoring technician properly checked Plaintiff Eubanks' lower extremities, the inverted application of the electrodes on Plaintiff Eubanks' lower extremities and any alleged unintended application of pressure… would, more probable than not, have been discovered; moreover, Plaintiff Eubanks' right leg injury would have been avoided… Ms. Stevens [was] aware of the decreased signals (on Mr. Eubanks' legs) from the neuromonitoring before the surgery even started; yet… Stevens failed to properly check Mr. Eubanks' legs during the entire course of the cervical surgery. Their failure to check Mr. Eubanks' legs prevented the abnormal condition of the right leg from being discovered…. The fact that Ms. Stevens incorrectly attached the electrodes to Mr. Eubanks' ankles would complicate the issue, making it less likely for the right leg to have been checked properly because the signals were incorrectly routed to the portal for the left leg. This would also have prevented the abnormal condition of the right leg from being discovered.” (Id. at Par. 6.)

Accordingly, based on the evidence presented, triable issues exist regarding whether Alpha Diagnostics caused the injury, and as such, triable issues exist on Arjo, Inc.’s cross-claims for indemnity and apportionment.

Summary judgment is DENIED.

Case Number: BC692445    Hearing Date: December 19, 2019    Dept: SEC

EUBANKS v. DOES 1 to DOES 50

CASE NO.: BC692445

HEARING: 12/19/19

#6

TENTATIVE ORDER

Cross-Defendant KAISER FOUNDATION HOSPITALS’ unopposed Motion for Summary Judgment is OFF-CALENDAR. A Notice of Settlement of Cross-Complaint against KAISER FOUNDATION HOSPITALS was FILED on December 5, 2019.

Moving Party to give notice.