This case was last updated from Los Angeles County Superior Courts on 04/09/2021 at 11:22:40 (UTC).

JANE DOE VS. JAY CALVERT, M.D. ET. AL.

Case Summary

On 09/26/2018 JANE DOE filed a Property - Other Property Fraud lawsuit against JAY CALVERT, M D. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CRAIG D. KARLAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9910

  • Filing Date:

    09/26/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CRAIG D. KARLAN

 

Party Details

Plaintiffs

DOE JANE

BROOKE LAURRIE

Defendants

PULVER LISA CRNA

CLAVERT JAY M.D.

THE ROXBURY CLINIC AND SURGERY CENTER INC

SEDATES INC.

JAY CALVERT M.D.

THE UNIVERSITY OF SOUTHERN CALIFORNIA

SPALDING OUTPATIENT SURGERY CENTER INC.

JAY CALVERT M.D. APC

CALVERT JAY M.D.

Not Classified By Court

HAKALA LESLIE A.

LESLIE A. HAKALA

Attorney/Law Firm Details

Plaintiff Attorneys

RUDD LAW FIRM. THE

HAKALA LESLIE

CASTANEDA SERGIO ANTHONY

POLONSKY POLINA

ARUN MUKUND S.

Defendant Attorneys

YARVIS MATTHEW ADAM

HOUSHYAR NAZANIN

SCHAFER TERRENCE JOSEPH

DOUVILLE LOUISE MARIE

SKARLAT OLGA

 

Court Documents

Notice Re: Continuance of Hearing and Order

1/13/2020: Notice Re: Continuance of Hearing and Order

Notice of Ruling

6/26/2019: Notice of Ruling

Notice of Ruling

5/16/2019: Notice of Ruling

Stipulation and Order - STIPULATION AND ORDER STIPULATION AND [PROPOSED] ORDER RE PLEADINGS AND DISCOVERY

3/20/2019: Stipulation and Order - STIPULATION AND ORDER STIPULATION AND [PROPOSED] ORDER RE PLEADINGS AND DISCOVERY

Notice of Ruling

3/12/2019: Notice of Ruling

Notice - Notice Notice of Continuance of Defendant USC's Demurrer and Motion to Strike

2/11/2019: Notice - Notice Notice of Continuance of Defendant USC's Demurrer and Motion to Strike

Minute Order - Minute Order (Court Order re Defendant, USC's Demurrer to plaintiff's Compl...)

2/11/2019: Minute Order - Minute Order (Court Order re Defendant, USC's Demurrer to plaintiff's Compl...)

Complaint

9/26/2018: Complaint

Case Management Statement

3/10/2021: Case Management Statement

Notice - NOTICE OF HEARING

3/10/2021: Notice - NOTICE OF HEARING

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE INITIAL DISCOVERY MOTION AND RE...) OF 03/01/2021

3/1/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE INITIAL DISCOVERY MOTION AND RE...) OF 03/01/2021

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE DEFENDANT UNIVERSITY OF SOUTHER...)

9/29/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE DEFENDANT UNIVERSITY OF SOUTHER...)

Motion to Compel - MOTION TO COMPEL PLAINTIFF TO FURTHER RESPOND TO SPECIAL ROGGS

12/2/2019: Motion to Compel - MOTION TO COMPEL PLAINTIFF TO FURTHER RESPOND TO SPECIAL ROGGS

Notice of Posting of Jury Fees

6/7/2019: Notice of Posting of Jury Fees

Proof of Personal Service

5/20/2019: Proof of Personal Service

Proof of Personal Service

5/20/2019: Proof of Personal Service

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

3/22/2019: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

Legacy Document - LEGACY DOCUMENT TYPE: Notice

9/26/2018: Legacy Document - LEGACY DOCUMENT TYPE: Notice

78 More Documents Available

 

Docket Entries

  • 09/02/2021
  • Hearing09/02/2021 at 08:30 AM in Department N at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference

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  • 09/02/2021
  • Hearing09/02/2021 at 08:30 AM in Department N at 1725 Main Street, Santa Monica, CA 90401; Hearing on Demurrer - without Motion to Strike

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  • 08/12/2021
  • Hearing08/12/2021 at 08:30 AM in Department N at 1725 Main Street, Santa Monica, CA 90401; Hearing on Demurrer - without Motion to Strike

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  • 04/28/2021
  • Hearing04/28/2021 at 08:30 AM in Department N at 1725 Main Street, Santa Monica, CA 90401; Informal Discovery Conference (IDC)

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  • 03/25/2021
  • Docketat 08:30 AM in Department N, Craig D. Karlan, Presiding; Case Management Conference - Not Held - Continued - Court's Motion

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  • 03/25/2021
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 03/16/2021
  • DocketCase Management Statement; Filed by Laurrie Brooke (Plaintiff)

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  • 03/10/2021
  • DocketCase Management Statement; Filed by THE UNIVERSITY OF SOUTHERN CALIFORNIA (Defendant)

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  • 03/10/2021
  • DocketNotice (OF HEARING); Filed by Jay Calvert, M.D. (Defendant); Jay Calvert M.D., APC (Defendant)

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  • 03/10/2021
  • DocketCase Management Statement; Filed by Jay Calvert, M.D. (Defendant); Jay Calvert M.D., APC (Defendant)

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131 More Docket Entries
  • 10/26/2018
  • DocketDeclaration (OF DEMURRING PARTY IN SUPPORT OF AUTOMATIC EXTENSION); Filed by Jay Calvert, M.D. (Defendant); Jay Calvert M.D., APC (Defendant)

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  • 10/26/2018
  • DocketNotice (OF COMMENCEMENT OF MANDATORY MEET AND CONFER ON BEHALF OF DEFENDANTS); Filed by Jay Calvert, M.D. (Defendant); Jay Calvert M.D., APC (Defendant)

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  • 10/26/2018
  • DocketDeclaration (OF TRIAL COUNSEL OF BEHALF OF DEFENDANTS); Filed by Jay Calvert M.D., APC (Defendant)

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  • 09/26/2018
  • DocketSummons; Filed by null

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  • 09/26/2018
  • DocketComplaint; Filed by Laurrie Brooke (Plaintiff)

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  • 09/26/2018
  • DocketNotice (NOTICE OF CASE ASSIGNMENT ); Filed by Clerk

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  • 09/26/2018
  • DocketSummons Filed

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  • 09/26/2018
  • DocketCivil Case Cover Sheet; Filed by Laurrie Brooke (Plaintiff)

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  • 09/26/2018
  • DocketComplaint Filed

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  • 09/26/2018
  • DocketNotice; Filed by Clerk

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Tentative Rulings

Case Number: SC129910    Hearing Date: July 02, 2020    Dept: N

TENTATIVE RULING

Plaintiff Laurrie Brooke’s request to file a First Amended Complaint is GRANTED. The First Amended Complaint shall be filed within thirty (30) days of entry of this order.

Defendants Jay W. Calvert, M.D. and Jay Calvert, M.D., APC’s Demurrer to Plaintiff’s Original Complaint is taken OFF CALENDAR, as MOOT.

Defendants Jay W. Calvert, M.D. and Jay Calvert, M.D., APC’s Motion to Strike Plaintiff’s Original Complaint is taken OFF CALENDAR, as MOOT.

Defendant USC’s Demurrer to Plaintiff’s Complaint is taken OFF CALENDAR, as MOOT.

Defendant USC’s Motion to Strike Portions of Plaintiff’s Complaint is taken OFF CALENDAR, as MOOT.

Moving parties to give notice. 

REASONING

Currently pending before the Court are Defendants Jay W. Calvert, M.D. and Jay Calvert, M.D., APC’s Demurrer to Plaintiff’s Original Complaint and Motion to Strike Plaintiff’s Original Complaint and Defendant USC’s Demurrer to Plaintiff’s Complaint and Motion to Strike Portions of Plaintiff’s Complaint.

On February 19, 2020, Plaintiff Laurrie Brooke, named in the complaint as Jane Doe, filed an “opposition” to these motions requesting leave of court to file a First Amended Complaint in lieu of opposing the demurrers/motions to strike. Plaintiff acknowledges her the request was not timely, as the time for opposition had expired. Plaintiff did not provide a copy of the proposed amended pleading or set forth the proposed amendments.

The Court, however, takes care to note that it signed a stipulation and order on March 20, 2019, after these motions were initially filed, which states that the parties stipulate to allow Plaintiff to file an amended complaint by May 13, 2019. The amended complaint was not timely filed in that Plaintiff’s counsel moved to be relieved as counsel on May 14, 2019, and opposing counsel declined to extend deadlines after Plaintiff’s counsel advised defense counsel that she intended to file a motion to withdraw. 

Code of Civil Procedure section 473, subdivision (a)(1), provides that the Court may, “in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars.” Defendants were provided notice of Plaintiff’s request to file an amended pleading and the Court finds allowing Plaintiff to amend the complaint is just, given that a stipulation allowed an amended pleading and the initial complaint includes thirteen causes of action, some of which may be withdrawn or clarified in light of the arguments made in Defendants’ demurrers and motions to strike. 

Plaintiff is informed that future requests to amend the complaint, if any, must be brought by noticed motion pursuant to California Rules of Court, rule 3.1324. Plaintiff is further advised that no new or additional causes of action (or parties) may be added to the First Amended Complaint. If Plaintiff wishes to add new causes of action or defendants, she must file a noticed motion to do so, at which point the Court will consider whether the proposed amendments are proper. Accordingly, the First Amended Complaint shall be filed within thirty (30) days of entry of this order.

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