This case was last updated from Los Angeles County Superior Courts on 08/29/2022 at 06:19:49 (UTC).

KIMBERLY B FRIEDMAN VS KAISER FOUNDATION HEALTH PLAN INC ET

Case Summary

On 11/13/2017 KIMBERLY B FRIEDMAN filed a Personal Injury - Medical Malpractice lawsuit against KAISER FOUNDATION HEALTH PLAN INC ET. This case was filed in Los Angeles County Superior Courts, Beverly Hills Courthouse located in Los Angeles, California. The Judges overseeing this case are EDWARD B. MORETON, JR., SERENA R. MURILLO, KRISTIN S. ESCALANTE, GEORGINA T. RIZK and CHRISTOPHER K. LUI. The case status is Disposed - Judgment Entered.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3168

  • Filing Date:

    11/13/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Medical Malpractice

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

EDWARD B. MORETON, JR.

SERENA R. MURILLO

KRISTIN S. ESCALANTE

GEORGINA T. RIZK

CHRISTOPHER K. LUI

 

Party Details

Plaintiff

FRIEDMAN KIMBERLY B.

Defendants

EINZIGER JERALD M.D.

SOUTHERN CALIFORNIA PERMANENTE MEDICAL GR

CHAWLA PRASHANT M.D.

CASHDAN D.O. DONNA

SHERMAN OAKS FAMILY MEDICINE INC.

PROVIDENCE TARZANA MEDICAL CENTER DBA

Attorney/Law Firm Details

Plaintiff Attorneys

RABINEAU LARRY ESQ.

BUNCH BRUCE MONROE ESQ.

Defendant Attorneys

BURKWITZ AVI A ESQ.

CARROLL RICHARD DOUGLAS ESQ.

HAMLIN DIANA CARMEN ESQ.

TOMLINSON RODNEY GLEN ESQ.

 

Court Documents

Separate Statement - SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

11/7/2018: Separate Statement - SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

Other - - TABLE OF CONTENTS AND EVIDENCE IN SUPPORT OF DEFENDANT PROVIDENCE HEALTH SYSTEM-SOUTHERN CALIFORNIA DBA PROVIDENCE TARZANA MEDICAL CENTER'S MOTION FOR SUMMARY JUDGMENT

11/7/2018: Other - - TABLE OF CONTENTS AND EVIDENCE IN SUPPORT OF DEFENDANT PROVIDENCE HEALTH SYSTEM-SOUTHERN CALIFORNIA DBA PROVIDENCE TARZANA MEDICAL CENTER'S MOTION FOR SUMMARY JUDGMENT

Notice - NOTICE NOTICE OF CONTINUANCE OF POST ARBITRATION STATUS CONFERENCE

8/20/2019: Notice - NOTICE NOTICE OF CONTINUANCE OF POST ARBITRATION STATUS CONFERENCE

Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

8/20/2019: Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

Notice - NOTICE NOTICE OF RESCHEDULED MOTION FOR SUMMARY JUDGMENT HEARING

9/3/2019: Notice - NOTICE NOTICE OF RESCHEDULED MOTION FOR SUMMARY JUDGMENT HEARING

Notice - NOTICE AMENDED NOTICE OF RESCHEDULING OF MOTION FOR SUMMARY JUDGMENT

9/9/2019: Notice - NOTICE AMENDED NOTICE OF RESCHEDULING OF MOTION FOR SUMMARY JUDGMENT

Notice of Change of Firm Name

10/31/2019: Notice of Change of Firm Name

Notice - NOTICE NOTICE OF NON-OPPOSITION TO MSJ OF DEFENDANT PROVIDENCE TARZANA MEDICAL CENTER

11/19/2019: Notice - NOTICE NOTICE OF NON-OPPOSITION TO MSJ OF DEFENDANT PROVIDENCE TARZANA MEDICAL CENTER

Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

11/21/2019: Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (POST-ARBITRATION STATUS CONFERENCE) OF 11/21/2019

11/21/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (POST-ARBITRATION STATUS CONFERENCE) OF 11/21/2019

Minute Order - MINUTE ORDER (COURT ORDER)

11/25/2019: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/25/2019

11/25/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/25/2019

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT / SUMMARY ADJUDICATION...)

1/10/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT / SUMMARY ADJUDICATION...)

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) AS TO DEFENDAN...)

1/14/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) AS TO DEFENDAN...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) AS TO DEFENDAN...) OF 01/14/2020

1/14/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) AS TO DEFENDAN...) OF 01/14/2020

Request for Dismissal

1/21/2020: Request for Dismissal

Minute Order - MINUTE ORDER (COURT ORDER)

4/16/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/16/2020

4/16/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/16/2020

107 More Documents Available

 

Docket Entries

  • 06/20/2022
  • DocketNotice (Notice of Entry of Judgment or Order); Filed by Prashant, M.D. Chawla (Defendant)

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  • 06/14/2022
  • DocketCertificate of Mailing for ([Judgment on Special Verdict]); Filed by Clerk

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  • 06/13/2022
  • DocketJudgment on Special Verdict; Filed by Prashant, M.D. Chawla (Defendant)

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  • 06/03/2022
  • Docketat 09:00 AM in Department 200, Edward B. Moreton, Jr., Presiding; Jury Trial - Held

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  • 06/03/2022
  • DocketSpecial Verdict; Filed by Prashant, M.D. Chawla (Defendant)

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  • 06/03/2022
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 06/03/2022
  • DocketCivil Deposit (6/3/2022); Filed by Clerk

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  • 06/03/2022
  • DocketJury Instructions ((Given)); Filed by Clerk

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  • 06/02/2022
  • Docketat 09:00 AM in Department 200, Edward B. Moreton, Jr., Presiding; Jury Trial - Held - Continued

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  • 06/02/2022
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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151 More Docket Entries
  • 01/09/2018
  • DocketAnswer; Filed by Prashant, M.D. Chawla (Defendant); Jerald, M.D. Einziger (Defendant); Sherman Oaks Family Medicine, Inc. (Defendant) et al.

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  • 12/27/2017
  • DocketDemand for Jury Trial; Filed by Providence Tarzana Medical Center (Defendant)

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  • 12/27/2017
  • DocketDEMAND FOR JURY TRIAL

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  • 12/22/2017
  • DocketProof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 12/22/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 12/21/2017
  • DocketAnswer; Filed by Defendant/Respondent

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  • 12/21/2017
  • DocketANSWER TO COMPLAINT

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  • 11/13/2017
  • DocketCOMPLAINT FOR DAMAGES (MEDICAL MALPRACTICE)

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  • 11/13/2017
  • DocketSUMMONS

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  • 11/13/2017
  • DocketComplaint; Filed by Kimberly B. Friedman (Plaintiff)

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Tentative Rulings

Case Number: ****3168    Hearing Date: January 10, 2020    Dept: 2

Friedman v. Kaiser Foundation Health Plan, et al.

The Motion for Summary Judgment by Defendant Providence Health System – Southern California dba Providence Tarzana Medical Center (“Providence”) is GRANTED. Providence has established that it is entitled to judgment in its favor based on the undisputed material facts asserted. Cal Code Civil Procedure ;437c(p)(2).

In the complaint, Plaintiff alleges that Providence negligently and carelessly failed to diagnose Plaintiff’s breast cancer and negligently failed to determine the need for and secure the immediate care and treatment that Plaintiff required before her breast cancer advanced.

Providence moves for summary judgment, claiming that the undisputed evidence establishes that its treatment complied with the applicable standard of care and that no negligent act or omission by Providence or its agents or employees caused or contributed to Plaintiff’s injuries. Plaintiff’s counsel has filed a notice of non-opposition. No other party has opposed the motion.

To make out a claim for medical negligence, a plaintiff must establish the following elements: “’(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence.'” Hanson v. Grode (1999) 76 Cal.App.4th 601, 606–607.

The required standard of care owed by a medical professional is a matter peculiarly within the knowledge of experts. Hanson, 76 Cal. App. 4th at 606–607. The element of causation must also be proven with expert testimony. Jones v. Ortho Pharm. Corp. (1985) 163 Cal. App. 3d 396, 402.

Here, Providence presented evidence sufficient to meet its initial burden that Providence complied with the applicable standard of care and that no negligent act or omission of Providence caused or contributed to Plaintiff’s injuries. Specifically, Providence presented the declaration of Freddie J. Coombs, M.D., who reviewed the medical records and other relevant documents and opined that Providence and its agents and employees (including the nurses, radiology technicians and non-physician staff) met the applicable standard of care at all times during the care and treatment of decedent and that to a reasonable degree of medical probability, no act or failure to act on the part of Providence or its staff was a substantial factor in causing Plaintiff’s injuries. There was no objection to this declaration, and it (along with the underlying records) is sufficient to satisfy Providence’s initial burden.

The burden thus shifted to Plaintiff or any other party to present controverting evidence. As previously noted, no opposition was filed. Accordingly, Providence is entitled to summary judgment in its favor.

The Court thus GRANTS the motion for summary judgment in favor of Defendant Providence Health System – Southern California dba Providence Tarzana Medical Center and against Plaintiff.

The moving party is ordered to give notice.



Case Number: ****3168    Hearing Date: December 04, 2019    Dept: 2

****3168 Friedman v. Kaiser Foundation Health Plan, et al.

On the court’s own motion, the hearing on the Motion for Summary Judgment set for 12/4/19 is continued to 1/10/2020 at 1:30 p.m. in Department SS-2. The due date for the opposition and reply is based on the original hearing date.



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