This case was last updated from Los Angeles County Superior Courts on 02/14/2020 at 17:39:48 (UTC).

MADONNA MURPHY VS CLT PROVIDENCE LITTLE COMPANY OF MARY MED

Case Summary

On 11/28/2017 MADONNA MURPHY filed a Personal Injury - Medical Malpractice lawsuit against CLT PROVIDENCE LITTLE COMPANY OF MARY MED. 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, MARK A. BORENSTEIN and KRISTIN S. ESCALANTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3952

  • Filing Date:

    11/28/2017

  • 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

MARK A. BORENSTEIN

KRISTIN S. ESCALANTE

 

Party Details

Plaintiff and Petitioner

MURPHY MADONNA

Defendants and Respondents

DOES 1 THROUGH 50 INCLUSIVE

CLT PROVIDENCE LITTLE COMPANY OF MARY MED

CLT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

GHERMEZIAN RAYMOND ESQ.

Defendant and Respondent Attorneys

CROSS LISA A.

MCGILL ASHLEY SUR ESQ.

 

Court Documents

Motion to Compel - MOTION TO COMPEL MOTION OF DEFT TO COMPEL THE DEPOSITIONS OF MUTSUKO MURPHY, KEVIN MURPHY, AND CONOR MURPHY AND FOR SANCTIONS

12/20/2019: Motion to Compel - MOTION TO COMPEL MOTION OF DEFT TO COMPEL THE DEPOSITIONS OF MUTSUKO MURPHY, KEVIN MURPHY, AND CONOR MURPHY AND FOR SANCTIONS

Separate Statement

12/31/2019: Separate Statement

Notice of Motion

12/31/2019: Notice of Motion

Opposition - OPPOSITION OPPOSITION TO DEFENDANT'S MOTION TO COMPEL DEPOSITIONS OF PLAINTIFF'S FAMILY MEMBERS

1/8/2020: Opposition - OPPOSITION OPPOSITION TO DEFENDANT'S MOTION TO COMPEL DEPOSITIONS OF PLAINTIFF'S FAMILY MEMBERS

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL, FILED BY D...)

1/10/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL, FILED BY D...)

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL

1/10/2020: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL

Opposition - OPPOSITION OF DEFENDANT PROVIDENCE TO PLAINTIFF'S MOTION TO COMPEL SITE INSPECTION OF DEFENDANT'S PROPERTY AND TO PLAINTIFF'S REQUEST FOR SANCTIONS

1/10/2020: Opposition - OPPOSITION OF DEFENDANT PROVIDENCE TO PLAINTIFF'S MOTION TO COMPEL SITE INSPECTION OF DEFENDANT'S PROPERTY AND TO PLAINTIFF'S REQUEST FOR SANCTIONS

Reply - REPLY REPLY OF DEFT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE TO PLTF'S OPPOSITIO TO DEFT'S MOTION TO COMPEL DEPOSITIONS OF PLAITNIFF'S PARENTS AND BROTHERS

1/16/2020: Reply - REPLY REPLY OF DEFT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE TO PLTF'S OPPOSITIO TO DEFT'S MOTION TO COMPEL DEPOSITIONS OF PLAITNIFF'S PARENTS AND BROTHERS

Reply - REPLY REPLY BRIEF IN SUPPORT OF PLAINTIFF'S NOTICE OF MOTION TO COMPEL THE INSPECTION

1/17/2020: Reply - REPLY REPLY BRIEF IN SUPPORT OF PLAINTIFF'S NOTICE OF MOTION TO COMPEL THE INSPECTION

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (1. HEARING ON MOTION TO COMPEL - DEFENDANT'S MOTION TO COMPE...) OF 01/24/2020

1/24/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (1. HEARING ON MOTION TO COMPEL - DEFENDANT'S MOTION TO COMPE...) OF 01/24/2020

Motion to Compel - MOTION TO COMPEL MOTION TO COMPEL THE DEPOSITIONS OF MUTSUKO, KEVIN AND CONOR MURPHY AND FOR SANCTIONS

1/27/2020: Motion to Compel - MOTION TO COMPEL MOTION TO COMPEL THE DEPOSITIONS OF MUTSUKO, KEVIN AND CONOR MURPHY AND FOR SANCTIONS

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL)

8/16/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL)

Notice of Ruling

8/20/2019: Notice of Ruling

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL

4/8/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL

Minute Order - MINUTE ORDER (HEARING ON DEFENDANT'S EX PARTE APPLICATION TO CONTINUE TRIAL;)

4/8/2019: Minute Order - MINUTE ORDER (HEARING ON DEFENDANT'S EX PARTE APPLICATION TO CONTINUE TRIAL;)

ANSWER OF DEFENDANT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE TO PLAINTIFFS COMPLAINT

1/2/2018: ANSWER OF DEFENDANT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE TO PLAINTIFFS COMPLAINT

DEMAND OF DEFENDANT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE FOR JURY TRIAL

1/2/2018: DEMAND OF DEFENDANT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE FOR JURY TRIAL

NOTICE OF POSTING JURY FEE DEPOSIT

1/19/2018: NOTICE OF POSTING JURY FEE DEPOSIT

10 More Documents Available

 

Docket Entries

  • 07/21/2020
  • Hearing07/21/2020 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 07/07/2020
  • Hearing07/07/2020 at 10:00 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 03/06/2020
  • Hearing03/06/2020 at 13:30 PM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel MOTION OF DEFENDANT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE TO COMPEL THE DEPOSITIONS OF MUTSUKO MURPHY, KEVIN MURPHY, AND CONOR MURPHY AND FOR SANCTIONS IN THE AMOUNT OF $5,610.50

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  • 02/05/2020
  • Docketat 10:00 AM in Department 2, Mark A. Borenstein, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 01/27/2020
  • DocketMotion to Compel (Motion to Compel the Depositions of Mutsuko, Kevin and Conor Murphy and for Sanctions); Filed by CLT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE (Defendant)

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  • 01/24/2020
  • Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion to Compel (Plaintiff's Motion to Compel The Inspection of Defendant's Subject Property; Request for Costs and Attorney's Fees Against Defendant and/or Defendant's Counsel) - Held - Motion Denied

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  • 01/24/2020
  • Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion to Compel (- Defendant's Motion to Compel the Depositions of Mutsuko Murphy, Kevin Murphy, and Conor Murphy; Request for Monetary Sanctions) - Not Held - Taken Off Calendar by Court

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  • 01/24/2020
  • DocketMinute Order ( (1. Hearing on Motion to Compel - Defendant's Motion to Compe...)); Filed by Clerk

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  • 01/24/2020
  • DocketCertificate of Mailing for ((1. Hearing on Motion to Compel - Defendant's Motion to Compe...) of 01/24/2020); Filed by Clerk

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  • 01/17/2020
  • DocketReply (reply brief in support of plaintiff's notice of Motion to Compel the inspection); Filed by MaDonna Murphy (Plaintiff)

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24 More Docket Entries
  • 01/19/2018
  • DocketReceipt; Filed by CLT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE (Defendant)

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  • 01/19/2018
  • DocketNotice; Filed by CLT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE (Defendant)

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  • 01/02/2018
  • DocketANSWER OF DEFENDANT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE TO PLAINTIFFS COMPLAINT

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  • 01/02/2018
  • DocketDemand for Jury Trial; Filed by CLT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE (Defendant)

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  • 01/02/2018
  • DocketAnswer; Filed by CLT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE (Defendant)

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  • 01/02/2018
  • DocketDEMAND OF DEFENDANT PROVIDENCE LITTLE COMPANY OF MARY MEDICAL CENTER TORRANCE FOR JURY TRIAL

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  • 11/28/2017
  • DocketComplaint

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  • 11/28/2017
  • DocketSummons; Filed by MaDonna Murphy (Plaintiff)

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  • 11/28/2017
  • DocketComplaint; Filed by MaDonna Murphy (Plaintiff)

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  • 11/28/2017
  • DocketCivil Case Cover Sheet

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Tentative Rulings

Case Number: BC683952    Hearing Date: March 06, 2020    Dept: 29

Murphy v. CLT Providence Little Company of Mary Medical Center Torrance

On July 30, 2019, Defendant noticed the depositions of third party witnesses Mutsuko Murphy, Kevin Murphy and Conor Murphy. Subpoenas were served on the witnesses. The witnesses are Plaintiff’s mother, father and brother. The depositions were noticed for August 21, 2019. While it is unclear whether Plaintiff’s counsel has been retained to represent the witnesses, Plaintiff’s counsel undertook to schedule the depositions on the witnesses’ behalf and made clear to Defendant’s counsel that Plaintiff’s counsel was representing the witnesses at least for the purposes of scheduling.

Through communications with Plaintiff’s counsel, Defendant agreed to continue the depositions to September 26, 2019. Two days before the depositions, Plaintiff’s counsel requested that the depositions be continued to October. The parties eventually agreed to a date in late November. A day before the depositions were set to proceed, Plaintiff’s counsel again unilaterally cancelled the depositions on the grounds that the witnesses were purportedly unavailable. Defendant re-noticed the depositions on a date that Plaintiff’s counsel offered. Two days before the depositions were set to commence, Plaintiff’s counsel confirmed the dates.

On December 10, 2019 – the day before the scheduled deposition -- Plaintiff’s counsel informed Defendant that one of the witnesses required a Japanese language interpreter. Defendant was able to secure an interpreter despite the untimely notice that one was required. As a courtesy to Plaintiff’s counsel, Defendant’s counsel agreed to take the depositions at Plaintiff’s counsel’s office.

On the day of the first deposition, Defendant’s counsel appeared at Plaintiff’s counsel’s office with the court reporter and interpreter. Plaintiff’s counsel informed Defendant’s counsel that the witness was at the office but that Plaintiff’s counsel was instructing her not to appear for the deposition. Defendant’s counsel obtained a certificate of non-appearance.

The witnesses have not opposed the motion. The only opposition is filed by Plaintiff. Plaintiff argues that the witnesses should not have to appear until other, unrelated discovery issues are resolved. There is no merit to that argument.

The Court grants the motion to compel. Mutsuko Murphy, Kevin Murphy and Conor Murphy are ordered to appear for their depositions at dates and times of Defendant’s choosing. The Court further concludes that Plaintiff’s counsel has engaged in discovery abuse by failing to proceed with an authorized method of discovery. Cal. Code Civ. Proc. § 2023.010(d), 2023.030. The Court awards sanctions against Plaintiff’s counsel Raymond Ghermezian, APLC, in the following amounts:

Attorneys’ fees for appearance at deposition (including reduced travel time): $450.00

Attorneys’ fees and costs for preparation, reply and argument of this motion: $1,410.00

Cost of the certificate of non-appearance: $350.00

Cost of the Japanese interpreter: $1,713.00

Total sanctions imposed against Raymond Ghermezian: $3,923.00

The sanctions are payable within 30 days.

Moving party is ordered to give notice.

Case Number: BC683952    Hearing Date: January 24, 2020    Dept: 29

The Court does not intend to issue a tentative ruling on the two motions to compel.  The Court will hear argument.