KELLY ZERMENO STEIN ET AL VS LEO INDIANER MD ET AL
Case Summary
On 03/05/2018 KELLY ZERMENO STEIN filed a Personal Injury - Medical Malpractice lawsuit against LEO INDIANER MD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK, MARK A. BORENSTEIN and KRISTIN S. ESCALANTE. The case status is Other.
Case Details
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Case Number:
****6759
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Filing Date:
03/05/2018
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Case Status:
Other
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Courthouse:
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County, State:
Los Angeles, California
Judge Details
Presiding Judges
GEORGINA T. RIZK
MARK A. BORENSTEIN
KRISTIN S. ESCALANTE
Party Details
Petitioners and Plaintiffs
STEIN DAVID M.
STEIN KELLY ZERMENO
Respondents and Defendants
INDIANER LEO M.D.
DOES 1 TO 50
DUBROW BRIAN E. M.D.
Attorney/Law Firm Details
Petitioner and Plaintiff Attorneys
HODES DANIEL M. ESQ.
HODES DANIEL MARTIN ESQ.
HODES DANIEL
HODES DANIEL ESQ.
Defendant Attorneys
CARROLL KELLY TROTTER FRANZEN MCBRIDE &
WEISS DAVID J. ESQ.
TROTTER MICHAEL J.
TROTTER MICHAEL JOHN ESQ.
WEISS DAVID JAY ESQ.
Court Documents
10/1/2020: Request for Dismissal
10/1/2020: Declaration - DECLARATION RE PROOF OF PURCHASE OF ANNUITIES
5/6/2020: Request for Dismissal
6/22/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: PROOF OF PURCHASE OF ANNUITIES AS TO ...) OF 06/22/2020
6/22/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: PROOF OF PURCHASE OF ANNUITIES AS TO ...)
11/8/2019: Request - DEMAND TO EXCHANGE LIST OF EXPERT WITNESSES AND REQUEST TO PRODUCE ANY DISCOVERABLE REPORTS AND WRITINGS
3/13/2020: Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgme - ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGM
3/13/2020: Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgme - ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGM
3/13/2020: Minute Order - MINUTE ORDER (- HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE - PETITIO...)
3/13/2020: Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgme - ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGM
2/28/2020: Amended Complaint
3/2/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) - CONDITIONAL ...)
3/2/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) - CONDITIONAL ...) OF 03/02/2020
2/27/2020: Minute Order - MINUTE ORDER (- HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE - PETITIO...)
2/28/2020: Stipulation - No Order - STIPULATION - NO ORDER STIPULATION TO FILING OF FIRST AMENDED COMPLAINT
2/21/2020: Minute Order - MINUTE ORDER (- HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE - PETITIO...)
2/18/2020: Application And Order For Appointment of Guardian Ad Litem
2/18/2020: Application And Order For Appointment of Guardian Ad Litem
Docket Entries
- 03/05/2021
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Docketat 08:30 AM in Department 2, Mark A. Borenstein, Presiding; (OSC RE Dismissal) - Not Held - Advanced and Vacated
- 11/17/2020
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Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal (Settlement) (- Conditional Notice Filed 12/31/2019) - Not Held - Vacated by Court
- 11/17/2020
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Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: (Proof of Purchase of Annuities as to minor Claimants Caroline Cate Stein, Delaney Elizabeth Stein, and Emilia Grace Stein) - Not Held - Vacated by Court
- 10/01/2020
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DocketDeclaration (Re Proof of Purchase of Annuities); Filed by David M. Stein (Plaintiff); Kelly Zermeno Stein (Plaintiff); Caroline Cate Stein, a minor, by and through her guardian ad litem, David M. Stein (Plaintiff) et al.
- 10/01/2020
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DocketRequest for Dismissal; Filed by David M. Stein (Plaintiff); Kelly Zermeno Stein (Plaintiff); Caroline Cate Stein, a minor, by and through her guardian ad litem, David M. Stein (Plaintiff) et al.
- 06/22/2020
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Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: (Proof of Purchase of Annuities as to minor Claimants Caroline Cate Stein, Delaney Elizabeth Stein, and Emilia Grace Stein) - Held - Continued
- 06/22/2020
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Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal (Settlement) (- Conditional Notice Filed 12/31/2019) - Held - Continued
- 06/22/2020
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DocketCertificate of Mailing for ((Order to Show Cause Re: Proof of Purchase of Annuities as to ...) of 06/22/2020); Filed by Clerk
- 06/22/2020
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DocketMinute Order ( (Order to Show Cause Re: Proof of Purchase of Annuities as to ...)); Filed by Clerk
- 06/08/2020
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Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal (Settlement) (- Conditional Notice Filed 12/31/2019) - Not Held - Advanced and Continued - by Court
- 07/23/2018
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DocketReceipt; Filed by Brian E. Dubrow, M.D. (Defendant)
- 07/20/2018
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DocketDEFENDANT BRIAN I. DLIBOW, M.D.'S ANSWER TO PLAINTIFFS' COMPLAINT; DEMAND FOR JURY TRIAL
- 07/20/2018
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DocketAnswer; Filed by Brian E. Dubrow, M.D. (Defendant)
- 07/02/2018
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DocketPROOF OF SERVICE SUMMONS
- 07/02/2018
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DocketProof-Service/Summons; Filed by David M. Stein (Plaintiff); Kelly Zermeno Stein (Plaintiff)
- 07/02/2018
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DocketProof-Service/Summons; Filed by David M. Stein (Plaintiff); Kelly Zermeno Stein (Plaintiff)
- 07/02/2018
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DocketPROOF OF SERVICE SUMMONS
- 03/05/2018
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DocketSUMMONS
- 03/05/2018
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DocketComplaint; Filed by David M. Stein (Plaintiff); Kelly Zermeno Stein (Plaintiff)
- 03/05/2018
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DocketCOMPLAINT FOR: 1. MEDICAL NEGLIGENCE; ETC
Tentative Rulings
Case Number: BC696759 Hearing Date: March 13, 2020 Dept: 29
Stein, et al. v. Indianer, et al.
The parties having previously appeared (CRC 7.952(a)), and the Court having reviewed and heard the Three Petitions to Approve Compromise of Pending Action of a Minor (Caroline Cate Stein, Age 4; Delaney Elizabeth Stein, Age 4; Emilia Grace Stein, Age 2), the Court finds that the settlements are reasonable and approves and GRANTS the petition. No further appearance is necessary.
The Court approves the following distribution of the settlement proceeds for each of the three minor claimants.
Attorney’s fees 0.00
Medical expenses 0.00
Costs 0.00
Total fees and costs 0.00
Total Settlement $5,000.00
Less credits 0.00
Net Settlement $5,000.00
Petitioner proposes to use the funds to purchase an annuity for each minor, which is permitted by Los Angeles County Superior Court Rule 4.115(b)(2)(5).
The Court sets an OSC re proof of purchase of the annuities for 6/22/2020 at 8:30 a.m.
An OSC re dismissal of entire action is set for 6/22/2020 at 8:30 a.m.
No appearance is required if the proof of purchase and request for dismissal are filed with the Court.
Moving party is ordered to give notice.
Case Number: BC696759 Hearing Date: February 21, 2020 Dept: 29
Stein et al. v. Indianer MD et al.
SUBJECT TO HEARING AND PERSONAL APPEARANCE THEREON:
The Court excuses the minors from appearing at the hearing. The guardian ad litem having appeared (CRC 7.952(a)), and the Court having reviewed and heard the Petitions to Approve Compromise of Pending Action as to Minor Claimants Caroline Cate Stein, Delaney Elizabeth Stein, and Emilia Grace Stein, the Court finds that the settlements are reasonable, and based thereon, approves and GRANTS the petitions. CRC 7.950. The Court intends to sign the proposed Orders (MC-351, MC-355).
Specifically, the Court approves the allocation of $5,000 to each of the minor claimants, with no deductions for attorneys fees or costs, in return for a release of any future potential claim for wrongful death arising out of the alleged malpractice at issue in this case.
THE COURT SETS AN OSC RE PROOF OF PURCHASE OF THE ANNUITIES for 6/22/2020 AT 8:30 AM.
THE OSC RE: DISMISSAL OF ENTIRE ACTION SET FOR 03/02/2020 IS ADVANCED AND CONTINUED TO 06/22/2020 AT 8:30 A.M.
No appearance is required if the proof of purchase and request for dismissal are filed with the Court.
Moving party is ordered to give notice.
Case Number: BC696759 Hearing Date: January 17, 2020 Dept: 29
Stein et al. v. Indianer, et al.
The hearing on the Three Petitions to Approve Compromise of Pending Action of a Minor (Caroline Cate Stein, Age 4; Delaney Elizabeth Stein, Age 4; Emilia Grace Stein, Age 2) is CONTINUED to February 21, 2020 at 1:30 p.m. in Department 29 in the Spring Street Courthouse.
The petitions are defective because counsel has not obtained orders appointing guardians ad litem for the three claimants. Counsel is ordered to obtain signed orders appointing the guardians ad litem before the hearing. An annuity schedule must also be attached to the proposed order.
Moving party is ordered to give notice.
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