This case was last updated from Los Angeles County Superior Courts on 07/04/2019 at 00:53:38 (UTC).

LOUISE ROBERTSON ET AL VS THE HEALTHCARE CENTER OF DOWNEY LL

Case Summary

On 05/23/2018 LOUISE ROBERTSON filed a Personal Injury - Elder/Dependant Adult Abuse lawsuit against THE HEALTHCARE CENTER OF DOWNEY LL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are RUTH ANN KWAN and ELIZABETH ALLEN WHITE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7507

  • Filing Date:

    05/23/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Elder/Dependant Adult Abuse

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

RUTH ANN KWAN

ELIZABETH ALLEN WHITE

 

Party Details

Plaintiffs and Petitioners

ARMSTRONG JACKIE

ROBERTSON LOUISE IN AND THROUGH HER

ROBERTSON LOUISE

Defendants and Respondents

ROCKPORT HEALTHCARE SERVICES LLC

DOES 1-20

THE HEALTHCARE CENTER OF DOWNEY LLC

LAKEWOOD HEALTHCARE CENTER

THE HEALTHCARE CENTER OF DOWNEY LLC DBA LAKEWOOD HEALTHCARE CENTER

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

MORAN MICHAEL F.

Defendant and Respondent Attorney

WILSON WILLIAM C.

 

Court Documents

Case Management Statement

10/29/2018: Case Management Statement

Notice of Ruling

12/7/2018: Notice of Ruling

Separate Statement

1/29/2019: Separate Statement

Motion to Compel

1/29/2019: Motion to Compel

Separate Statement

4/8/2019: Separate Statement

Separate Statement

5/6/2019: Separate Statement

Ex Parte Application

6/14/2019: Ex Parte Application

Declaration

6/14/2019: Declaration

Motion for Protective Order

6/14/2019: Motion for Protective Order

Minute Order

6/17/2019: Minute Order

Minute Order

6/19/2019: Minute Order

Notice of Motion

6/20/2019: Notice of Motion

CASE MANAGEMENT STATEMENT

8/27/2018: CASE MANAGEMENT STATEMENT

PLAINTIFFS NOTICE OF POSTING JURY FEES

8/31/2018: PLAINTIFFS NOTICE OF POSTING JURY FEES

PROOF OF SERVICE SUMMONS

6/29/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

6/29/2018: PROOF OF SERVICE SUMMONS

NOTICE OF REASSIGNMENT

6/12/2018: NOTICE OF REASSIGNMENT

SUMMONS

5/23/2018: SUMMONS

25 More Documents Available

 

Docket Entries

  • 06/20/2019
  • Notice of Motion (AMENDED NOTICE OF MOTION FOR PROTECTIVE ORDER TO PRECLUDE CERTAIN DEPOSITION TESTIMONY OF CYRIL TENA BY DEFE~DANTS THE HEALTHCARE CENTER OF DOWNEY, LLC); Filed by The Healthcare Center Of Downey, LLC (Defendant); Rockport Healthcare Services, LLC (Defendant)

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  • 06/20/2019
  • Notice of Ruling; Filed by The Healthcare Center Of Downey, LLC (Defendant); Rockport Healthcare Services, LLC (Defendant)

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  • 06/19/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Ex Parte Application (for an Order Staying the Deposition Testimony of Rockport Administrative Services' Former Quality Assurance Nurse) - Held - Motion Granted

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  • 06/19/2019
  • Minute Order ( (Hearing on Defendants The Healthcare Center of Downey, LLC db...)); Filed by Clerk

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  • 06/18/2019
  • Declaration in Support of Ex Parte Application; Filed by The Healthcare Center Of Downey, LLC (Defendant); Rockport Healthcare Services, LLC (Defendant)

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  • 06/17/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Ex Parte Application (for an order staying the deposition testimony of Rockport Administrative Services? former Quality Assurance Nurse) - Held - Continued

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  • 06/17/2019
  • Order (re ex parte application)

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  • 06/17/2019
  • Minute Order ( (Hearing on Ex Parte Application for an order staying the depo...)); Filed by Clerk

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  • 06/14/2019
  • Motion for Protective Order (to Preclude Certain Deposition Testimony); Filed by The Healthcare Center Of Downey, LLC (Defendant); Rockport Healthcare Services, LLC (Defendant)

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  • 06/14/2019
  • Declaration (in Support of Motion for Protective Order); Filed by The Healthcare Center Of Downey, LLC (Defendant); Rockport Healthcare Services, LLC (Defendant)

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41 More Docket Entries
  • 06/06/2018
  • Minute order entered: 2018-06-06 00:00:00; Filed by Clerk

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  • 06/06/2018
  • Minute Order

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  • 05/30/2018
  • PLAINTIFFS' PEREMPTORY CHALLENGE OF JUDGE UNDER CALIFORNIA CODE OF CIVIL PROCEDURE 170.6; DECLARATION OF ALEXANDER H. FELDMAN, ESQ. IN SUPPORT THEREOF

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  • 05/30/2018
  • Challenge To Judicial Officer - Peremptory (170.6); Filed by Louise Robertson (Plaintiff); Jackie Armstrong (Plaintiff)

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  • 05/30/2018
  • Affidavit of Prejudice--Peremptory (AGAINST JUDGE RUTH ANN KWAN ); Filed by Attorney for Plaintiff/Petitioner

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  • 05/23/2018
  • Complaint

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  • 05/23/2018
  • Complaint; Filed by Louise Robertson (Plaintiff); Jackie Armstrong (Plaintiff)

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  • 05/23/2018
  • COMPLAINT: 1. ELDER ABUSE (WELFARE AND INSTITUTIONS CODE 15600, ET SEQ.) ;ETC

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  • 05/23/2018
  • SUMMONS

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  • 05/23/2018
  • DECLARATION OF JACKIE ARMSTRONG TO COMMFNCF LEGAL ACTION ON BEHALF OF THE DECEDENT, LOUISE ROBERTSON, PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE 377.32

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Tentative Rulings

Case Number: BC707507    Hearing Date: November 22, 2019    Dept: 48

(1) MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET TWO; REQUEST FOR SANCTIONS;

(2) MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SETS ONE AND THREE; REQUEST FOR SANCTIONS;

MOVING PARTY: (1) & (2) Plaintiffs Louise Robertson, in and through her Successor-In-Interest, Jackie Armstrong, and Jackie Armstrong

RESPONDING PARTY(S): (1) & (2) Defendant The Healthcare Center of Downey, LLC dba Lakewood Healthcare Center

PROOF OF SERVICE:

ANALYSIS

Motion to Compel Further Responses to Requests for Production of Documents. Set Two

The Court indicated that Defendant Lakewood Healthcare Center’s service of second supplemental responses prior to the hearing would render this motion to compel moot and Plaintiff would have to meet and confer and file a new motion to compel regarding these second supplemental responses. The Court continued the hearing on the motion to compel further responses to request for production of documents to this date to permit Defendant to file a copy of the second supplemental responses to set two, and verification thereof, by November 18, 2019. The Court indicated that it intended to award Plaintiff sanctions regardless, and would address the amount of sanctions at this November 22, 2019 hearing.

On November 15, 2019, Defendants’ counsel Michael T. Mertens filed a declaration attaching Defendant’s second supplemental responses served on October 31, 2019 with verifications served on November 6, 2019. Mertens Decl., ¶¶ 2, 3; Exhs. A & B. Accordingly, the motion to compel is MOOT.

The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.

CRC, Rule 3.1348(a)

Plaintiff’s request for sanctions against Defendant The Healthcare Center of Downey, LLC dba Lakewood Healthcare Canter only is GRANTED in the amount of $2,200.00. Sanctions are to be paid to Plaintiff’s counsel within 10 days.

Motion to Compel Further Responses to Requests for Production of Documents. Sets One and Three

The Court indicated that Defendant Lakewood Healthcare Center’s service of supplemental responses prior to the hearing would render this motion to compel moot and Plaintiff would have to meet and confer and file a new motion to compel regarding these supplemental responses. The Court continued the hearing on the motion to compel further responses to request for production of documents to this date to permit Defendant to file a copy of the supplemental responses to sets one and three, and verification thereof, by November 18, 2019. The Court indicated that it intended to award Plaintiff sanctions regardless, and would address the amount of sanctions at this November 22, 2019 hearing.

On November 15, 2019, Defendants’ counsel Michael T. Mertens filed declarations attaching Defendant’s supplemental responses served on October 31, 2019 with verifications served on November 6, 2019. Mertens Decls., ¶¶ 2, 3; Exhs. A & B. Accordingly, the motions to compel are MOOT.

Plaintiff’s request for sanctions against Defendant The Healthcare Center of Downey, LLC dba Lakewood Healthcare Canter only is GRANTED in the amount of $1,685.00. Sanctions are to be paid to Plaintiff’s counsel within 10 days.

Case Number: BC707507    Hearing Date: November 14, 2019    Dept: 48

(1) MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET TWO; REQUEST FOR SANCTIONS;

(2) MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SETS ONE AND THREE; REQUEST FOR SANCTIONS;

MOVING PARTY: (1) & (2) Plaintiffs Louise Robertson, in and through her Successor-In-Interest, Jackie Armstrong, and Jackie Armstrong

RESPONDING PARTY(S): (1) & (2) Defendant The Healthcare Center of Downey, LLC dba Lakewood Healthcare Center

PROOF OF SERVICE:

ANALYSIS

Motion to Compel Further Responses to Requests for Production of Documents. Set Two

Defendant Lakewood Healthcare Center claims to have served second supplemental responses. However, there is no declaration to this effect, the purported responses are not attached to the opposition, and Defendant admits the responses were not verified. See Page 2, footnote 1. Nonetheless, if Defendant actually did serve supplemental responses, and a verification thereof, this will render the motion to compel moot, and Plaintiff would have to meet and confer and file a new motion to compel regarding these second supplemental responses.

Plaintiffs’ argument that the motion is not moot because no documents have been produced is not persuasive. A motion to compel further responses is separate from a motion to compel compliance.

Accordingly, the hearing on the motion to compel further responses to request for production of documents is CONTINUED to November 22, 2019. Defendant is to file a copy of the second supplemental responses to set two, and verification thereof, by November 18, 2019. If these items are not filed by November 18, 2019, the Court will address the motion to compel as if second supplemental responses were not served. The Court intends to award Plaintiff sanctions regardless, and will address the amount of sanctions at the November 22, 2019, which will be increased as a result of the additional attorney’s fees incurred in connection with the further hearing.

Motion to Compel Further Responses to Requests for Production of Documents. Sets One and Three

This should have been brought as separate motions as to set one and as to set three. Accordingly, the Court’s order regarding this motion to compel will not become effective until Plaintiff pays an additional $60 filing fee.

Defendant served third supplemental responses to set one on April 3, 2019 and responses to set three on April 9, 2019.

Defendant Lakewood Healthcare Center claims to have served supplemental responses. However, there is no declaration to this effect, the purported responses are not attached to the opposition, and Defendant admits the responses were not verified. See Page 2, footnote 1. Nonetheless, if Defendant actually did serve supplemental responses, and a verification thereof, this will render the motion to compel moot, and Plaintiff would have to meet and confer and file a new motion to compel regarding these second supplemental responses.

Accordingly, the hearing on the motion to compel further responses to request for production of documents is CONTINUED to November 22, 2019. Defendant is to file a copy of the second supplemental responses to set two, and verification thereof, by November 18, 2019. If these items are not filed by November 18, 2019, the Court will address the motion to compel as if supplemental responses were not served. The Court intends to award Plaintiff sanctions regardless, and will address the amount of sanctions at the November 22, 2019, which will be increased as a result of the additional attorney’s fees incurred in connection with the further hearing.