This case was last updated from Los Angeles County Superior Courts on 10/27/2019 at 00:40:46 (UTC).

JOHN ARMENDARIZ VS RAYMOND ALLEN SHOFLER MD ET AL

Case Summary

On 04/25/2018 a Personal Injury - Medical Malpractice case was filed by JOHN ARMENDARIZ against RAYMOND ALLEN SHOFLER MD in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3779

  • Filing Date:

    04/25/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff

ARMENDARIZ JOHN

Respondents and Defendants

SHOFLER RAYMOND ALLEN MD

PROVIDENCE HEALTH AND SERVICES RISK

SHOFLER - SUMMARY JUDGMENT RAYMOND ALLEN MD

 

Court Documents

Notice - NOTICE OF ENTRY OF JUDGMENT

10/21/2019: Notice - NOTICE OF ENTRY OF JUDGMENT

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 10/25/2019

10/25/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 10/25/2019

Notice of Ruling

9/25/2019: Notice of Ruling

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

7/3/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

7/3/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Notice of Ruling

6/27/2019: Notice of Ruling

DEFENDANT, RAYMOND ALLEN SHOFLER, M.D.'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF AMY NSHANYAN, ESQ. IN SUPPORT

9/21/2018: DEFENDANT, RAYMOND ALLEN SHOFLER, M.D.'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF AMY NSHANYAN, ESQ. IN SUPPORT

Notice Re: Continuance of Hearing and Order

10/29/2018: Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Hearing on Motion to Strike (Legacy))

2/1/2019: Minute Order - Minute Order (Hearing on Motion to Strike (Legacy))

Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Motion to Strike (Legacy)) of 02/01/2019

2/1/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Motion to Strike (Legacy)) of 02/01/2019

Answer

2/13/2019: Answer

Declaration - DECLARATION DECLARATION OF AVI BURKWITZ, ESQ.

6/18/2019: Declaration - DECLARATION DECLARATION OF AVI BURKWITZ, ESQ.

Proof of Service (not Summons and Complaint)

6/18/2019: Proof of Service (not Summons and Complaint)

Motion for Summary Judgment

6/18/2019: Motion for Summary Judgment

Separate Statement

6/18/2019: Separate Statement

Declaration - DECLARATION DECLARATION OF STEVEN GRANT, M.D.

6/18/2019: Declaration - DECLARATION DECLARATION OF STEVEN GRANT, M.D.

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

4/25/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

SUMMONS -

4/25/2018: SUMMONS -

19 More Documents Available

 

Docket Entries

  • 10/25/2019
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 10/25/2019
  • DocketCertificate of Mailing for ((Jury Trial) of 10/25/2019); Filed by Clerk

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  • 10/25/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 10/25/2019
  • DocketOrder - Dismissal; Filed by Court

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  • 10/21/2019
  • DocketNotice (of Entry of Judgment); Filed by Raymond Allen MD Shofler - SUMMARY JUDGMENT (Defendant)

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  • 10/11/2019
  • DocketJudgment (Proposed Judgment); Filed by Raymond Allen MD Shofler - SUMMARY JUDGMENT (Defendant)

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  • 10/09/2019
  • Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 10/09/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 09/25/2019
  • DocketNotice of Ruling; Filed by Raymond Allen MD Shofler - SUMMARY JUDGMENT (Defendant)

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  • 09/17/2019
  • Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion for Summary Judgment - Held - Motion Granted

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25 More Docket Entries
  • 10/29/2018
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 09/21/2018
  • DocketDEFENDANT, RAYMOND ALLEN SHOFLER, M.D.'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF AMY NSHANYAN, ESQ. IN SUPPORT THEREOF

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  • 09/21/2018
  • DocketMotion to Strike; Filed by Raymond Allen MD Shofler - SUMMARY JUDGMENT (Defendant)

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  • 04/25/2018
  • DocketORDER ON COURT FEE WAIVER

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  • 04/25/2018
  • DocketRequest-Waive Court Fees

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  • 04/25/2018
  • DocketRequest to Waive Court Fees; Filed by Plaintiff/Petitioner

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  • 04/25/2018
  • DocketComplaint; Filed by John Armendariz (Plaintiff)

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  • 04/25/2018
  • DocketRequest to Waive Court Fees

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  • 04/25/2018
  • DocketSUMMONS

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  • 04/25/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC703779    Hearing Date: January 08, 2020    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

JOHN ARMENDARIZ,

Plaintiff,

v.

RAYMOND ALLEN SHOFLER, M.D., et al.,

Defendants.

Case No.: BC703779

Hearing Date: January 8, 2020

[Tentative] order RE:

MOTION TO SET ASIDE ENTRY OF JUDGMENT

On April 25, 2018, Plaintiff John Armendariz (“Plaintiff”) filed this action against Defendants Raymond Allen Shofler, M.D. (“Defendant Shofler”) and Providence Health and Services Risk Claims (“Defendant Providence”) (collectively “Defendants”) for general negligence and professional negligence. Defendant Shofler moved for summary judgment and noticed the hearing for September 17, 2019. Plaintiff did not file an opposition to the motion. Nor did Plaintiff appear at the hearing on the motion, notwithstanding that the Court posted a tentative order in advance granting the motion. The Court adopted its tentative order the same date as the hearing, and Defendant Shofler provided notice of the ruling by mail on September 25, 2019. Plaintiff did not appear at the final status conference or trial date, so the Court dismissed the case against Defendant Providence on October 25, 2019. On November 25, 2019, Plaintiff filed a “Motion to Set Aside Entry of Judgment.”

There are several problems with Plaintiff’s motion. First, the motion does not appear to have been served on any defendant. Because no defendant has opposed the motion, this defect in service has not been waived. Second, the motion is not clear whether Plaintiff is seeking to vacate the Court’s ruling on Defendant Shofler’s motion for summary judgment or the Court’s decision to dismiss Plaintiff’s case against Defendant Providence. Finally, the body of the motion provides no basis for relief under Code of Civil Procedure section 473(b) because it does not advance any “mistake, inadvertence, surprise, or excusable neglect” to explain why Plaintiff did not oppose the motion for summary judgment or appear at trial. Therefore, the motion is denied.

CONCLUSION AND ORDER

Plaintiff’s motion to set aside entry of judgment is denied. The Court’s clerk shall provide notice.

DATED: January 8, 2020 ___________________________

Hon. Stephen I. Goorvitch

Judge of the Superior Court