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This case was last updated from Los Angeles County Superior Courts on 06/01/2019 at 04:01:35 (UTC).

KEVIN CASTRO JR. VS SIMMI DHALIWAL, M.D.

Case Summary

On 09/26/2017 KEVIN CASTRO JR filed a Personal Injury - Medical Malpractice lawsuit against SIMMI DHALIWAL, M D. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are PETER A. HERNANDEZ and DUKES, ROBERT A.. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7353

  • Filing Date:

    09/26/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

PETER A. HERNANDEZ

DUKES, ROBERT A.

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

ARROYO ALEJANDRA

CASTRO KEVIN

CASTRO JR. KEVIN

Defendants and Respondents

POMONA VALLEY HEALTH CENTERS

FRITSCH LINDSEY CNM

CROPPER STEPHANIE M.D.

POMONA VALLEY HOSPITAL MEDICAL CENTER

FEMCARE MEDICAL ASSOCIATES INC

DHALIWAL SIMMI M.D.

FEMCARE MEDICAL ASSOCIATES OF INLAND

DOES 1-300

FRITCH C.N.N. LINDSEY LINDSEY

DHALIWAL M.D. SIMMI

CROPPER M.D. STEPHANIE

FRITCH C.N.N. LINDSEY

Minor

CASTRO KEVIN JR.

Not Classified By Court

DEFENDANT LINDSEY FRITSCH-DAVISON NP

Attorney/Law Firm Details

Minor, Plaintiff and Petitioner Attorneys

LAW OFFICES OF JUSTIN H KING

KING ESQ. JUSTIN H.

Defendant and Respondent Attorneys

LA FOLLETTE JOHNSON DE HAAS FESLER

SCHMID & VOILES

BROBECK WEST BORGES ROSA & DOUVILLE LLP

LEWIS BRISBOIS BISGAARD & SMITH LLP

ROSA STEPHEN ALLEN ESQ.

AMES DENNIS K. ESQ.

MARTIN SIDNEY J.

ROSA STEPHEN A. ESQ.

MARTIN SIDNEY JERALD

WEST BORGES & ROSA LLP

 

Court Documents

PROOF OF SERVICE SUMMONS

2/16/2018: PROOF OF SERVICE SUMMONS

PLAINTIFFS' OPPOSITION TO DEFENDANTS, SIMMI DHALIWAL, M.D. AND FEMCARE MEDICAL ASSOCIATES OF INLAND VALLEY, INC., A PROFESSIONAL CORPORATION'S DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT

3/20/2018: PLAINTIFFS' OPPOSITION TO DEFENDANTS, SIMMI DHALIWAL, M.D. AND FEMCARE MEDICAL ASSOCIATES OF INLAND VALLEY, INC., A PROFESSIONAL CORPORATION'S DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT

Minute Order

4/3/2018: Minute Order

Notice of Posting of Jury Fees

10/1/2018: Notice of Posting of Jury Fees

Notice of Case Reassignment and Order for Plaintiff to Give Notice

10/1/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Proof of Service (not Summons and Complaint)

10/5/2018: Proof of Service (not Summons and Complaint)

Case Management Statement

10/17/2018: Case Management Statement

Case Management Statement

10/17/2018: Case Management Statement

Minute Order

11/5/2018: Minute Order

Declaration

2/22/2019: Declaration

Notice of Lodging

2/22/2019: Notice of Lodging

Notice of Lodging

2/22/2019: Notice of Lodging

Request for Judicial Notice

4/2/2019: Request for Judicial Notice

Declaration

4/2/2019: Declaration

PLAINTIFFS' NOTICE OF ASSOCIATION OF COUNSEL

1/8/2018: PLAINTIFFS' NOTICE OF ASSOCIATION OF COUNSEL

Unknown

1/11/2018: Unknown

ANSWER TO PLAINTIFFS' FIRST AMENDED COMPLAINT FOR PERSONAL INJURIES AND DAMAGES BY DEFENDANT LINDSEY FRITSCH-DAVISON, NP

1/16/2018: ANSWER TO PLAINTIFFS' FIRST AMENDED COMPLAINT FOR PERSONAL INJURIES AND DAMAGES BY DEFENDANT LINDSEY FRITSCH-DAVISON, NP

FIRST AMENDED COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

12/4/2017: FIRST AMENDED COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

42 More Documents Available

 

Docket Entries

  • 05/14/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Hearing on Motion for Summary Adjudication - Not Held - Rescheduled by Party

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  • 04/16/2019
  • Notice of Change of Address or Other Contact Information; Filed by ESQ., JUSTIN H. KING (Attorney)

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  • 04/03/2019
  • Notice (Notice of Continuance of Motion for Summary Judgment); Filed by LINDSEY CNM FRITSCH (Defendant)

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  • 04/02/2019
  • Declaration (Declaration); Filed by STEPHANIE CROPPER, M.D. (Defendant)

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  • 04/02/2019
  • Separate Statement; Filed by STEPHANIE, M.D. CROPPER (Defendant)

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  • 04/02/2019
  • Notice (SEPARATELY BOUND DOCUMENTARY EVIDENCE BY DEFENDANT, STEPHANIE CROPPER, M.D.); Filed by STEPHANIE, M.D. CROPPER (Defendant)

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  • 04/02/2019
  • Motion for Summary Judgment; Filed by STEPHANIE, M.D. CROPPER (Defendant)

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  • 03/11/2019
  • Notice of Change of Firm Name; Filed by POMONA VALLEY HOSPITAL MEDICAL CENTER (Defendant)

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  • 02/22/2019
  • Declaration (DECLARATION OF LARRY M COUSINS M.D.); Filed by Defendant Lindsey Fritsch-Davison, NP (Non-Party); LINDSEY CNM FRITSCH (Defendant)

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  • 02/22/2019
  • Notice of Lodging (NOTICE OF LODGMENT OF EXHIBITS VOL 5 OF 6); Filed by Defendant Lindsey Fritsch-Davison, NP (Non-Party); LINDSEY CNM FRITSCH (Defendant)

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91 More Docket Entries
  • 12/04/2017
  • SUMMONS ON FIRST AMENDED COMPLAINT

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  • 12/04/2017
  • FIRST AMENDED COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

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  • 12/04/2017
  • Summons; Filed by ALEJANDRA ARROYO (Plaintiff); KEVIN JR. CASTRO (Plaintiff)

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  • 10/05/2017
  • SUMMONS

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  • 10/05/2017
  • Summons; Filed by Plaintiff

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  • 09/26/2017
  • Complaint Filed

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  • 09/26/2017
  • COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

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  • 09/26/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 09/26/2017
  • Complaint; Filed by JR., KEVIN CASTRO (Plaintiff); KEVIN CASTRO (Plaintiff)

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  • 09/26/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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Tentative Rulings

Case Number: BC677353    Hearing Date: December 15, 2020    Dept: O

Plaintiffs Kevin Castro, Jr. and Alejandra Arroyo’s motion to compel deposition of employees of Defendant Pomona Valley Hospital Medical Center is DENIED.

Plaintiffs Kevin Castro, Jr., and Alejandra Arroyo (“Plaintiffs”) move to compel employees of Defendant Pomona Valley Hospital Medical Center (“Defendant”) to appear and testify at a deposition pursuant to Code of Civil Procedure section 2025.450:

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document or tangible thing described in the deposition notice.

(CCP § 2025.450(a).)

The motion shall set forth specific facts showing good cause justifying the production for inspection of any document or tangible thing described in the deposition notice; and shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. (CCP § 2025.450(b).)

Section 2025.410 allows for a party to the action to object as late as three calendar days before the deposition date if such objection is made through personal service.

Plaintiffs served notice of the deposition on or about August 27 and 28, 2019. (King Decl., ¶ 3, Ex. 1.) Defendant served objections to the deposition notices on September 11, 2019, asserting counsel’s unavailability for the dates identified in the deposition notices with a promise that it will obtain a date, time, and location that is convenient for all parties, but Defendant never provided dates for a new deposition. After several meet and confers about the issue, Plaintiffs filed this present motion.

Plaintiffs’ motion has not set forth specific facts showing good cause justifying this Court to require these employees to personally appear for a deposition. Plaintiffs merely recounts their counsel’s efforts to meet and confer but does not explain what relevant information it seeks from Defendant beyond a conclusory statement that they are “key, material witnesses” in this case. Furthermore, Plaintiffs have not demonstrated good cause to rush the depositions of these employees, especially given that Defendant has not denied these individuals for deposition but are merely requesting, especially in light of the fact that these alleged key material witnesses are essential frontline workers in the middle of a pandemic. At no point, however, has Defendant claimed that it is unwilling to produce these employees entirely. The parties are also free to continue to push back the motion for summary judgment, currently set for January 28, 2021, in order to accommodate the parties’ needs; especially given that there still is no trial date set. Section 2025.450 puts the burden on Plaintiffs, the moving party to this motion, to show good cause. Without more than just a conclusory assertion regarding (warranted) delays in holding these depositions, this Court will not grant the motion.[1]

Motion DENIED.


[1] The Court also notes that Defendant has already promised to produce Ms. Rachel Babin, R.N. for deposition on November 17, 2020, and thus there is nothing for the Court to rule on with respect to her deposition.

Case Number: BC677353    Hearing Date: June 01, 2020    Dept: O

Petitioner Alejandra Arroyo on behalf of Kevin Castro Jr.’s petition to approve compromise of pending action of minor is GRANTED.

An enforceable settlement of a minor's or incompetent's claim can only be consummated with court approval. (Probate Code §§ 2504, 3500, 3600 et seq.; CCP § 372.) For this purpose, a petition for approval must be presented to the court. Until it is granted (signed), there is no final settlement. Any settlement agreement therefore is voidable by the minor's guardian ad litem. (Scruton v. Korean Air Lines Co., Ltd. (1995) 39 CA4th 1596, 1603-1605.)

Section 3600 et seq., of the Probate Code governs how the settlement proceeds are to be paid. Under section 3601, the Order shall approve payment of reasonable expenses from the settlement. Section 3601(a) provides:

The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that such reasonable expenses (medical or otherwise and including reimbursement to a parent, guardian, or conservator), costs, and attorney’s fees, as the court shall approve and allow therein, shall be paid from the money or other property to be paid or delivered for the benefit of the minor or incompetent person.

Under the California Rules of Court:

(1)In all cases under Code of Civil Procedure section 372 or Probate Code sections 3600-3601, unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.

(2)The court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events.

(CRC 7.955(a).)

Petitioner Alejandra Arroyo (“Petitioner”) moves for the compromise of minor, Kevin Castro Jr. (“Minor”) for $970,000.00 with Defendants Sinmi Daliwal, M.D and Femcare Medical Associates of Inland Valley, Inc. (collectively “Defendants”). The compromise appears fair and reasonable. The current attorneys’ fees total $171,822.35, costs of $51,184.28, with an additional $250,000.00 to be placed in counsel’s trust account in order to fund anticipated additional litigation costs that Minor will incur against the sole remaining defendant Pomona Valley Hospital Medical Center. Medical expenses total $70,000.00. Minor’s net total recovery would be $426,993.37, along with an additional $30,000.00 to Petitioner.

Accordingly, petition is GRANTED.

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