This case was last updated from Los Angeles County Superior Courts on 06/24/2020 at 09:03:09 (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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6759

  • Filing Date:

    03/05/2018

  • Case Status:

    Pending - Other Pending

  • 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

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: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: PROOF OF PURCHASE OF ANNUITIES AS TO ...) OF 06/22/2020

Request - DEMAND TO EXCHANGE LIST OF EXPERT WITNESSES AND REQUEST TO PRODUCE ANY DISCOVERABLE REPORTS AND WRITINGS

11/8/2019: Request - DEMAND TO EXCHANGE LIST OF EXPERT WITNESSES AND REQUEST TO PRODUCE ANY DISCOVERABLE REPORTS AND WRITINGS

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

Amended Complaint

2/28/2020: Amended Complaint

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) - CONDITIONAL ...) OF 03/02/2020

3/2/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) - CONDITIONAL ...) OF 03/02/2020

Minute Order - MINUTE ORDER (- HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE - PETITIO...)

2/27/2020: Minute Order - MINUTE ORDER (- HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE - PETITIO...)

Stipulation - No Order - STIPULATION - NO ORDER STIPULATION TO FILING OF FIRST AMENDED COMPLAINT

2/28/2020: Stipulation - No Order - STIPULATION - NO ORDER STIPULATION TO FILING OF FIRST AMENDED COMPLAINT

Minute Order - MINUTE ORDER (- HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE - PETITIO...)

2/21/2020: Minute Order - MINUTE ORDER (- HEARING ON PETITION TO CONFIRM MINOR'S COMPROMISE - PETITIO...)

Application And Order For Appointment of Guardian Ad Litem

2/18/2020: Application And Order For Appointment of Guardian Ad Litem

Application And Order For Appointment of Guardian Ad Litem

1/28/2020: Application And Order For Appointment of Guardian Ad Litem

Petition to Approve Compromise of Disputed Claim

12/20/2019: Petition to Approve Compromise of Disputed Claim

Notice of Settlement

12/31/2019: Notice of Settlement

Notice of Hearing on Petition

1/2/2020: Notice of Hearing on Petition

Notice - NOTICE OF ORDER TO SHOW CAUSE RE DISMISSAL

1/7/2020: Notice - NOTICE OF ORDER TO SHOW CAUSE RE DISMISSAL

Notice - NOTICE OF CHANGE OF FIRM NAME

10/22/2019: Notice - NOTICE OF CHANGE OF FIRM NAME

Notice of Posting of Jury Fees

6/25/2019: Notice of Posting of Jury Fees

PROOF OF SERVICE SUMMONS -

7/2/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

7/2/2018: PROOF OF SERVICE SUMMONS -

33 More Documents Available

 

Docket Entries

  • 11/17/2020
  • Hearing11/17/2020 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 11/17/2020
  • Hearing11/17/2020 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Proof of Purchase of Annuities as to minor Claimants Caroline Cate Stein, Delaney Elizabeth Stein, and Emilia Grace Stein

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

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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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  • 06/08/2020
  • 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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  • 03/13/2020
  • Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Petition to Confirm Minor's Compromise (- Petitioner/Guardian Ad Litem, David Stein's Petition to Approve Compromise of Pending Action As to Minor Claimant, Caroline Cate Stein) - Held - Motion Granted

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  • 03/13/2020
  • Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Petition to Confirm Minor's Compromise (- Petitioner/Guardian Ad Litem, David Stein's Petition to Approve Compromise of Pending Action As to Minor Claimant, Emilia Grace Stein) - Held - Motion Granted

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53 More Docket Entries
  • 07/23/2018
  • DocketReceipt; Filed by Brian E. Dubrow, M.D. (Defendant)

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

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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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  • 07/02/2018
  • 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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  • 07/02/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 07/02/2018
  • DocketPROOF OF SERVICE SUMMONS

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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
  • DocketSUMMONS

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

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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.