This case was last updated from Los Angeles County Superior Courts on 11/19/2020 at 02:04:54 (UTC).

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, KRISTIN S. ESCALANTE and MARK A. BORENSTEIN. The case status is Other.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    ****6759

  • Filing Date:

    03/05/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GEORGINA T. RIZK

KRISTIN S. ESCALANTE

MARK A. BORENSTEIN

 

Party Details

Plaintiffs and Petitioners

STEIN DAVID M.

STEIN KELLY ZERMENO

Defendants and Respondents

INDIANER LEO M.D.

DOES 1 TO 50

DUBROW BRIAN E. M.D.

Attorney/Law Firm Details

Plaintiff and Petitioner 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

Court documents are not available for this case.

 

Docket Entries

  • 11/17/2020
  • 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

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  • 11/17/2020
  • 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

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  • 10/01/2020
  • 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.

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  • 10/01/2020
  • 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.

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  • 06/22/2020
  • 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

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  • 06/22/2020
  • 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

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  • 06/22/2020
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Proof of Purchase of Annuities as to ...) of 06/22/2020); Filed by Clerk

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  • 06/22/2020
  • DocketMinute Order ( (Order to Show Cause Re: Proof of Purchase of Annuities as to ...)); Filed by Clerk

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  • 06/08/2020
  • 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

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  • 05/06/2020
  • DocketRequest for Dismissal; Filed by David M. Stein (Plaintiff); Kelly Zermeno Stein (Plaintiff)

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55 More Docket Entries
  • 07/23/2018
  • DocketCIVIL DEPOSIT

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  • 07/20/2018
  • DocketDEFENDANT BRIAN I. DLIBOW, M.D.'S ANSWER TO PLAINTIFFS' COMPLAINT; DEMAND FOR JURY TRIAL

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  • 07/20/2018
  • DocketAnswer; Filed by Brian E. Dubrow, M.D. (Defendant)

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  • 07/02/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 07/02/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 07/02/2018
  • DocketProof-Service/Summons; Filed by David M. Stein (Plaintiff); Kelly Zermeno Stein (Plaintiff)

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  • 07/02/2018
  • DocketProof-Service/Summons; Filed by David M. Stein (Plaintiff); Kelly Zermeno Stein (Plaintiff)

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  • 03/05/2018
  • DocketComplaint; Filed by David M. Stein (Plaintiff); Kelly Zermeno Stein (Plaintiff)

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  • 03/05/2018
  • DocketCOMPLAINT FOR: 1. MEDICAL NEGLIGENCE; ETC

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  • 03/05/2018
  • DocketSUMMONS

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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.