This case was last updated from Los Angeles County Superior Courts on 06/28/2022 at 00:05:57 (UTC).

JOHN WATTS, JR. VS JOSEPH N. THOMAS, M.D., ET AL.

Case Summary

On 06/23/2021 JOHN WATTS, JR filed a Personal Injury - Medical Malpractice lawsuit against JOSEPH N THOMAS, M D . This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are SERENA R. MURILLO and ROBERT B. BROADBELT. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3316

  • Filing Date:

    06/23/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ROBERT B. BROADBELT

SERENA R. MURILLO

 

Party Details

Plaintiff and Cross Defendant

WATTS JOHN JR.

Defendants and Cross Plaintiffs

ALECTO HEALTHCARE SERVICES LLC

OLYMPIA HEALTH CARE LLC DBA OLYMPIA MEDICAL CENTER

THOMAS JOSEPH N. M.D.

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorneys

STONE STANLEY H.

STONE STANLEY H. ESQ.

Defendant and Cross Plaintiff Attorney

TROPP DEBORAH S. ESQ.

 

Court Documents

Order - ORDER RE MOTION TO STRIKE PLAINTIFF'S ANSWER TO DEFENDANT'S CROSS-COMPLAINT

6/21/2022: Order - ORDER RE MOTION TO STRIKE PLAINTIFF'S ANSWER TO DEFENDANT'S CROSS-COMPLAINT

Minute Order - MINUTE ORDER (HEARING ON MOTION TO STRIKE PLAINTIFF'S ANSWER TO DEFENDANT'S...)

6/21/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION TO STRIKE PLAINTIFF'S ANSWER TO DEFENDANT'S...)

Notice of Ruling

6/22/2022: Notice of Ruling

Proof of Service by Substituted Service

5/31/2022: Proof of Service by Substituted Service

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES

7/6/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES

PI General Order

7/6/2021: PI General Order

Proof of Service by Substituted Service

9/7/2021: Proof of Service by Substituted Service

Proof of Service by Substituted Service

9/7/2021: Proof of Service by Substituted Service

Cross-Complaint

10/14/2021: Cross-Complaint

Answer

10/14/2021: Answer

Request for Entry of Default / Judgment

12/8/2021: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

12/9/2021: Notice of Rejection Default/Clerk's Judgment

Answer

12/29/2021: Answer

Motion to Strike (not initial pleading)

1/10/2022: Motion to Strike (not initial pleading)

Answer

1/10/2022: Answer

Opposition - OPPOSITION TO MOTION TO STRIKE

2/3/2022: Opposition - OPPOSITION TO MOTION TO STRIKE

Reply - REPLY REPLY TO PLAINTIFFS OPPOSITION TO MOTION TO STRIKE PLAINTIFFS ANSWER TO DEFENDANTS CROSS-COMPLAINT; DECLARATION OF LAURA G. LOPEZ

2/7/2022: Reply - REPLY REPLY TO PLAINTIFFS OPPOSITION TO MOTION TO STRIKE PLAINTIFFS ANSWER TO DEFENDANTS CROSS-COMPLAINT; DECLARATION OF LAURA G. LOPEZ

Minute Order - MINUTE ORDER (COURT ORDER RE: TRANSFER AND REASSIGNMENT OF COMPLICATED PERS...)

2/15/2022: Minute Order - MINUTE ORDER (COURT ORDER RE: TRANSFER AND REASSIGNMENT OF COMPLICATED PERS...)

24 More Documents Available

 

Docket Entries

  • 11/09/2022
  • Hearing11/09/2022 at 08:30 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Case Management Conference

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  • 11/08/2022
  • Hearing11/08/2022 at 10:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

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  • 11/07/2022
  • Hearing11/07/2022 at 10:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

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  • 11/03/2022
  • Hearing11/03/2022 at 10:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Plaintiff's Responses to Defendant's Request for Production of Documents, Set One filed by Defendant Olympia Health Care, LLC dba Olympia Medical Center on 02-23-2022;

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  • 08/25/2022
  • Hearing08/25/2022 at 11:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Informal Discovery Conference (IDC)

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  • 06/22/2022
  • DocketNotice of Ruling; Filed by Joseph N. Thomas, M.D. (Defendant); Olympia Health Care, LLC (Defendant); Alecto Healthcare Services LLC (Defendant)

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  • 06/21/2022
  • Docketat 10:00 AM in Department 53; Case Management Conference - Held - Continued

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  • 06/21/2022
  • Docketat 10:00 AM in Department 53; Order to Show Cause Re: Failure to File Proof of Service (of Summons and Complaint) - Not Held - Taken Off Calendar by Court

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  • 06/21/2022
  • Docketat 10:00 AM in Department 53, Robert B. Broadbelt, Presiding; Hearing on Motion to Strike (Plaintiff's Answer to Defendant's Cross-Complaint filed by Defendant Olympia Health Care, LLC dba Olympia Medical Center on 01-10-2022;) - Held - Motion Denied

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  • 06/21/2022
  • DocketOrder (re Motion to Strike Plaintiff's Answer to Defendant's Cross-Complaint); Filed by Clerk

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27 More Docket Entries
  • 10/14/2021
  • DocketAnswer; Filed by Olympia Health Care, LLC (Defendant)

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  • 09/07/2021
  • DocketProof of Service by Substituted Service; Filed by John Watts, Jr. (Plaintiff)

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  • 09/07/2021
  • DocketProof of Service by Substituted Service; Filed by John Watts, Jr. (Plaintiff)

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  • 07/06/2021
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Dates); Filed by Clerk

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  • 07/06/2021
  • DocketPI General Order; Filed by Clerk

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  • 06/23/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 06/23/2021
  • DocketComplaint; Filed by John Watts, Jr. (Plaintiff)

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  • 06/23/2021
  • DocketCivil Case Cover Sheet; Filed by John Watts, Jr. (Plaintiff)

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  • 06/23/2021
  • DocketSummons (on Complaint); Filed by John Watts, Jr. (Plaintiff)

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  • 06/23/2021
  • DocketCivil Case Cover Sheet; Filed by John Watts, Jr. (Plaintiff)

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Tentative Rulings

Case Number: *******3316 Hearing Date: February 15, 2022 Dept: 29

TENTATIVE

*******3316 Watts v. Thomas, M.D.

Court Order Re: Transfer and Reassignment of Complicated Personal Injury (“PI”) Case to An Independent Calendar ("IC") Courtroom from Department 29, a PI Hub Court.

The Court's order Re: Transfer of Complicated Personal Injury Case to an Independent Calendar Court, is posted on the Court's website.

AFTER REVIEW OF THE FILE, THE COURT MAKES THE FOLLOWING ORDER:

Department 29 of the Personal Injury Court has determined that the above-entitled action is complicated based upon the number of pretrial hearings and/or the complexity of the issues presented.

At the direction of Department 1, this case is hereby ordered reassigned and transferred to the Central District, the Honorable JUDGE ROBERT BROADBELT presiding in Department 53 of the Stanley Mosk Courthouse, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the cause for trial to that Independent Calendar Court.

Any pending motions or hearings, including trial or status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar Court. (NOTE: All hearings currently set in Department 29 of the Spring Street Courthouse are taken off calendar subject to being reset and notified by the receiving court Re: New hearing dates.)

Judicial Assistant is directed to give notice to Plaintiff, who upon receipt of this notice, is ordered to give notice to all parties of record.


Case Number: *******3316 Hearing Date: June 21, 2022 Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

john watts, jr. ,

Plaintiff,

vs.

joseph n. thomas, m.d. , et al.,

Defendants.

Case No.:

*******3316

Hearing Date:

June 21, 2022

Time:

10:00 a.m.

[Tentative] Order RE:

motion to strike plaintiff and cross-defendant’s answer to cross-complaint

MOVING PARTIES: Defendant and Cross-Complainant Olympia Health Care LLC d/b/a Olympia Medical Center

RESPONDING PARTY: Plaintiff and Cross-Defendant John Watts, Jr.

Motion to Strike Answer

The court considered the moving, opposition, and reply papers filed in connection with this motion.

BACKGROUND

Plaintiff John Watts, Jr. (“Watts”) filed this medical malpractice action against defendants Joseph N. Thomas, M.D., Olympia Health Care, LLC d/b/a Olympia Medical Center, and Alecto Healthcare Services, LLC on June 23, 2021. Watts alleges two causes of action for (1) medical malpractice and (2) negligent hiring, supervision, and retention.

Olympia Health Care, LLC d/b/a Olympia Medical Center (“Olympia”) filed a Cross-Complaint against Watts on October 14, 2021, alleging two causes of action for (1) breach of contract and (2) promissory estoppel.

MOTION TO STRIKE

Olympia served its Cross-Complaint on Watts by electronic service on October 14, 2021. Watts filed an Answer to Olympia’s Cross-Complaint on December 29, 2021. Olympia now moves the court for an order striking Watts’ Answer to Olympia’s Cross-Complaint as untimely.

The court exercises its discretion to deny Olympia’s motion to strike Watts’ Answer to Olympia’s Cross-Complaint. (Code Civ. Proc., 436.)

Although Watts’s Answer was untimely, the court denies Olympia’s motion to strike it because (1) no default has been entered against Watts on the Cross-Complaint, (2) Plaintiff’s counsel has provided a declaration in opposition to Olympia’s motion explaining that the Answer was not timely filed because Watts’s counsel inadvertently overlooked the Cross-Complaint because it was attached to the back of Olympia’s Answer, and (3) it is the policy the courts of the State of California to favor resolving actions on their merits.

The court therefore finds that the circumstances presented do not warrant striking Watts’s Answer to the Cross-Complaint. The court therefore denies Olympia’s motion to strike.

ORDER

The court denies Defendant and Cross-Complainant Olympia Health Care LLC d/b/a Olympia Medical Center’s Motion to Strike Plaintiff and Cross-Defendant John Watts, Jr.’s Answer to Cross-Complaint.

The court orders Plaintiff and Cross-Defendant John Watts, Jr. to give notice of this ruling.

IT IS SO ORDERED.

DATED: June 21, 2022

Robert B. Broadbelt III

Judge of the Superior Court



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