Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 07/16/2019 at 02:06:34 (UTC).

MAGALY LOPEZ ET AL VS CITRUS OBSTETRICS AND GYNECOLOGY MEDI

Case Summary

On 02/05/2018 MAGALY LOPEZ filed a Personal Injury - Medical Malpractice lawsuit against CITRUS OBSTETRICS AND GYNECOLOGY MEDI. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are MARC D. GROSS and GLORIA WHITE-BROWN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2954

  • Filing Date:

    02/05/2018

  • 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

MARC D. GROSS

GLORIA WHITE-BROWN

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

LOPEZ EDER

LOPEZ MAGALY

LOPEZ MAGALY AND INDIVIDUALLY

Defendants and Respondents

CITRUS OBSTETRICS AND GYNECOLOGY MEDICAL

MACAGY IAN DOUGLAS M.D.

BEGLEY JASON SEAN M.D.

WESTERN UNIVERSITY OF HEALTH SCIENCES

BEHARIE CAROLS M.D.

CITRUS VALLEY MEDICAL CENTER INC

WHITE D.O. STEPHANIE

DOES 1-100 INCLUSIVE

BEHARIE M.D. CAROLS

WESTERN UNIVERSITY OF HEALTH SCIENCE

CITRUS VALLEY MEDICAL CENTER INC.

BEGLEY M.D. JASON SEAN

MACAGY M.D. IAN DOUGLAS

Minor

LOPEZ AUSTIN

9 More Parties Available

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorneys

SAGHEB SOHAILA ESQ.

SAGHEB SOHAILA

Defendant Attorneys

ROSA STEPHEN A. ESQ.

WEND CHRISTOPHER LAW OFFICES OF

HAGGERTY WILLIAM C. LAW OFFICES OF

REBACK ROBERT C. ESQ.

 

Court Documents

Notice

7/16/2018: Notice

Other -

7/17/2018: Other -

Answer

7/17/2018: Answer

Other -

7/17/2018: Other -

Notice of Posting of Jury Fees

7/18/2018: Notice of Posting of Jury Fees

Declaration

7/25/2018: Declaration

Stipulation - No Order

8/9/2018: Stipulation - No Order

Notice of Case Reassignment and Order for Plaintiff to Give Notice

12/19/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Notice Re: Continuance of Hearing and Order

1/14/2019: Notice Re: Continuance of Hearing and Order

Notice

1/22/2019: Notice

Notice of Change of Firm Name

3/11/2019: Notice of Change of Firm Name

Order

6/24/2019: Order

Declaration

6/28/2019: Declaration

Separate Statement

6/28/2019: Separate Statement

Declaration

6/28/2019: Declaration

Minute Order

3/29/2018: Minute Order

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL EX PARTE

2/22/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL EX PARTE

CIVIL DEPOSIT

2/15/2018: CIVIL DEPOSIT

23 More Documents Available

 

Docket Entries

  • 06/28/2019
  • Declaration (DECLARATION OF RICHARD A. JOHNSON, M.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY DEFENDANTS STEPHANIE WHITE, D.O. AND WESTERN UNIVERSITY OF HEALTH SCIENCES); Filed by Western University of Health Sciences (Defendant); Stephanie White D.O. (Defendant)

    Read MoreRead Less
  • 06/28/2019
  • Declaration (DECLARATION OF LENNARD JOEL KESSLER, M.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY DEFENDANTS STEPHANIE WHITE, D.O. AND WESTERN UNIVERSITY OF HEALTH SCIENCES); Filed by Western University of Health Sciences (Defendant); Stephanie White D.O. (Defendant)

    Read MoreRead Less
  • 06/28/2019
  • Notice of Lodging (NOTICE OF LODGING DOCUMENTARY EVIDENCE IN SUPPORT OFDEFENDANTS WESTERN UNIVERSITY OF HEALTH SCIENCES AND STEPHANIE WHITE, D.0.'S MOTIONFOR SUMMARY JUDGMENT); Filed by Western University of Health Sciences (Defendant); Stephanie White D.O. (Defendant)

    Read MoreRead Less
  • 06/28/2019
  • Motion for Summary Judgment; Filed by Western University of Health Sciences (Defendant); Stephanie White D.O. (Defendant)

    Read MoreRead Less
  • 06/28/2019
  • Declaration (DECLARATION OF STEPHEN A. DIAMOND, ESQ. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY DEFENDANTS STEPHANIE WHITE, D.O. AND WESTERN UNIVERSITY OF HEALTH SCIENCES); Filed by Western University of Health Sciences (Defendant); Stephanie White D.O. (Defendant)

    Read MoreRead Less
  • 06/28/2019
  • Separate Statement; Filed by Western University of Health Sciences (Defendant); Stephanie White D.O. (Defendant)

    Read MoreRead Less
  • 06/25/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Jury Trial - Not Held - Rescheduled by Court

    Read MoreRead Less
  • 06/24/2019
  • Order (proposed order); Filed by Citrus Obstetrics and Gynecology Medical (Defendant); Jason Sean M.D. Begley (Defendant); Carols Beharie M.D. (Defendant)

    Read MoreRead Less
  • 06/17/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Final Status Conference - Not Held - Rescheduled by Court

    Read MoreRead Less
  • 06/12/2019
  • Stipulation and Order (stip to continue trial); Filed by Citrus Obstetrics and Gynecology Medical (Defendant); Jason Sean M.D. Begley (Defendant); Carols, M.D. Beharie (Defendant)

    Read MoreRead Less
81 More Docket Entries
  • 02/15/2018
  • Receipt; Filed by Attorney for Plaintiff/Petitioner

    Read MoreRead Less
  • 02/15/2018
  • PLAINTIFFS' NOTICE OF POSTING JURY FEES

    Read MoreRead Less
  • 02/15/2018
  • Notice; Filed by Lopez, Magaly and individually (Legacy Party); Austin Lopez (Legacy Party); Eder Lopez (Plaintiff)

    Read MoreRead Less
  • 02/15/2018
  • NOTICE OF RELATED CASE

    Read MoreRead Less
  • 02/15/2018
  • Notice (OF POSTING JURY FEES ); Filed by Attorney for Plaintiff/Petitioner

    Read MoreRead Less
  • 02/15/2018
  • CIVIL DEPOSIT

    Read MoreRead Less
  • 02/15/2018
  • Receipt; Filed by Lopez, Magaly and individually (Legacy Party); Austin Lopez (Legacy Party); Eder Lopez (Plaintiff)

    Read MoreRead Less
  • 02/05/2018
  • Complaint

    Read MoreRead Less
  • 02/05/2018
  • Complaint; Filed by Magaly Lopez (Plaintiff); Eder Lopez (Plaintiff)

    Read MoreRead Less
  • 02/05/2018
  • COMPLAINT FOR: 1. MEDICAL MALPRACTICE; ETC

    Read MoreRead Less

Tentative Rulings

Case Number: BC692954    Hearing Date: July 16, 2020    Dept: J

HEARING DATE: Thursday, July 16, 2020

NOTICE: OK[1]

RE: Lopez v. Citrus Obstetrics and Gynecology Medical Associates, Inc., et al. (BC692954)

______________________________________________________________________________

 

1. Defendant Citrus Valley Medical Center, Inc.’s MOTION FOR PROTECTIVE ORDER

REGARDING DEPOSITIONS OF CITRUS VALLEY MEDICAL CENTER, INC.

NURSING STAFF

Responding Party: Plaintiffs Magaly Lopez and Austin Lopez, a minor by and through

his Guardian ad Litem, Magaly Lopez

2. Plaintiffs Magaly Lopez’s and Austin Lopez’s, a minor by and through his Guardian ad

Litem, Magaly Lopez’s MOTION FOR ORDER COMPELLING CITRUS VALLEY

MEDICAL CENTER, INC.’S EMPLOYEES TO APPEAR AND TESTIFY AT

DEPOSITION

Responding Party: Defendant, Citrus Valley Medical Center, Inc.

Tentative Ruling

1. & 2. See below.

Background

Plaintiffs Magaly Lopez (“Magaly”) and Austin Lopez, a minor by and through his Guardian ad Litem, Magaly Lopez (“Austin”) (collectively, “Plaintiffs”) contend that defendants failed to diagnose and treat Magaly’s infection, failed to diagnose fetal abnormalities and were otherwise negligent in rendering care to Magaly and Austin.

On March 29, 2018, this case was transferred from Department 92 (personal injury hub) to this instant department. On April 23, 2018, Plaintiffs dismissed their sixth cause of action against Citrus Obstetrics and Gynecology Medical Associates, Inc. (Citrus Obstetrics”), Jason Sean Begley, M.D. (“Begley”), Ian Douglas Macagy, M.D. (“Macagy”), Carols Beharie, M.D. (“Beharie”), Western University of Health Sciences (“Western University”) and Stephanie White, D.O. (“White”), without prejudice. On April 23, 2018, Magaly dismissed her third cause of action against Citrus Valley Medical Center, Inc. (“CVMC”), without prejudice.

On August 16, 2018, Plaintiffs filed a First Amended Complaint, asserting causes of action against Defendants Citrus Obstetrics, CVMC, Begley, Macagy, Beharie, Western University, White, Perpetua A. Lawa-Alejo, M.D. (Doe 1), Gilbert Furman, M.D. (Doe 2), Mitchell R. Goldstein, M.D. (Doe 3), Mita Shah, M.D. (Doe 4), Pediatrix Medical Group of California (Doe 5) and Does 6-100 for:

  1. Medical Negligence
  2. Negligent Infliction of Emotional Distress

On September 13, 2019, the court granted Western University’s and White’s Motions for Summary Judgment.

A Final Status Conference is set for November 9, 2020. Trial is set for November 17, 2020.

1. Motion for Protective Order

Legal Standard

“Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (CCP § 2025.420(a).)

“The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include . . . one or more of the following directions: . . . (4) That the deposition be taken at a place other than that specified in the deposition notice, if it is within a distance permitted by Sections 2025.250 and 2025.260. . .” (CCP § 2025.420(b).)

Where a party must resort to the courts, “the burden is on the party seeking the protective order to show good cause for whatever order is sought.” (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) “[T]he issuance and formulation of protective orders are to a large extent discretionary.” (Raymond Handling Concepts Corp. v. Superior Court (1995) 39 Cal.App.4th 584, 588.)

Discussion

CVMC moves the court for an order that the depositions of CVMC’s nursing staff go forward at Emanate Health Queen of the Valley Hospital (formerly known as Citrus Valley Medical Center).

On November 5, 2019, Plaintiffs mail-served (1) a “Notice of Deposition and Request for Production of Documents,” seeking to depose the Persons Most Knowledgeable from CVMC regarding eight different categories on November 19, 2019 at Veritext Court Reporters located at 707 Wilshire Blvd., Suite 3500, Los Angeles, CA 90017 (“Wilshire Blvd. address”); (2) a “First Amended Notice of Deposition and Request for Production of Documents,” seeking to depose certain personnel from CVMC responsible for making 13 various assessments on November 18, 2019 at the Wilshire Blvd. address and (3) a “Notice of Deposition and Request for Production of Documents,” seeking to depose PMKs from CVMC regarding 2 entries pertaining to Magaly Rivera/Lopez on November 18, 2019 at the Wilshire Blvd. address. (Stephan Decl., ¶3, Exh. A.)

On November 15, 2019, CVMC mail-served (1) an “Objection to Notice of Depositions of Two (2) Persons Most Knowledgeable Depositions Served on November 5, 2019;” and an (2) “Objection to Notice of Depositions of Eig[h]th (8) Persons Most Knowledgeable Depositions Served on November 5, 2019” and an (3) “Objection to First Amended Notice of Depositions of Thirteen (13) Persons Most Knowledgeable Served on November 5, 2019.” (Id., ¶4, Exh. B.) On December 10, 2019, CVMC mail and email served an “Objection to Second Amended Notice of Depositions of Thirteen (13) Persons Most Knowledgeable Served on December 2, 2019.” (Id.)

CVMC’s counsel Laura Stephan (“Stephan”) represents that the notices pertain to 5 different nurses: Slavka Dajkovitch, RN; Tessie Lanada, RN; Latgarda Reyes-Quon, RN; Bethany Kidd, RN, NP and Nedege Blum-Smith, RN. (Id.) On November 26, 2018, Stephan confirmed the date of December 18, 2019 with Plaintiffs’ counsel for depositions with 4 of the 5 nurses Plaintiffs wished to depose, with the fifth nurse out on medical leave. (Id., ¶5, Exh. C.) When Stephan confirmed the depositions, she assumed that they should go forward at the hospital; instead, Plaintiffs on December 2, 2019 served a “Second Amended Notice of Deposition and Request for Production of Documents,” setting the depositions at the Wilshire Blvd. address. (Id., ¶¶6-7, Exh. D.) Counsel thereafter met and conferred on December 5, 7, 9 and 10, 2019 regarding the location of the depositions, without success. (Id., ¶¶8-13, Exhs. E-I.)

Plaintiffs, in their opposition filed July 1, 2020, represent that Plaintiffs have, in light of COVID-19, asked CVMC to produce its witnesses by way of Zoom, which simply requires a computer and Internet connection, but that CVMC has failed to respond to Plaintiffs’ request, even though this would mean that the witnesses could be at any location they chose. Plaintiffs seek sanctions of $1,513.65 against CVMC.

In light of changed circumstances warranted by COVID-19, the court requests that counsel for both parties come prepared to discuss available dates and times for the depositions of the above-named nurses via Zoom or any other mutually agreeable electronic platform. The court is inclined to deny Plaintiffs’ sanctions request.

2. Motion to Compel Depositions

Plaintiffs move for an order compelling CVMC to produce its employees for depositions.

Plaintiffs also seek $8,956.20 in monetary sanctions against CVMC and its attorney Laura

Stephan (“Stephan”).

In light of changed circumstances warranted by COVID-19, the court requests that counsel for both parties come prepared to discuss available dates and times for the depositions of the above-named nurses via Zoom or any other mutually agreeable electronic platform. The court is inclined to deny Plaintiffs’ sanctions request.


[1] Motion #1 was filed and mail-served on December 12, 2019 and originally set for hearing on April 3, 2020. Motion #2 was filed on January 13, 2020 (overnight mail-served on January 12, 2020) and originally set for hearing on February 7, 2020. On February 7, 2020, the court continued the hearing on Motion #2 to April 3, 2020, to be heard concurrently with Motion #1. On February 7, 2020, Plaintiffs filed and mail-served a “Notice of Continuance of Hearing Re Motion for Order Compelling Defendant Citrus Valley Medical Center, Inc.’s Employees to Appear and Testify at Deposition . . .,” advising therein of the new April 3, 2020 hearing date. On March 18, 2020, a “Notice Re: Continuance of Hearing and Order” was filed, wherein the court continued the April 3, 2020 hearing, on its own motion, to May 29, 2020; counsel was provided to all counsel. On March 20, 2020, CVMC filed (mail and email-served on March 18, 2020) a “Notice of Continuance of Motion for Protective Order Regarding Depositions of Citrus Valley Medical Center, Inc. Nursing Staff,” advising therein of the new May 29, 2020 hearing date. On April 22, 2020, a “Notice of Continuance Due to COVID-19 State of Emergency Declarations” was filed, in which the court, on its own motion, continued the May 29, 2020 hearing to July 16, 2020; notice was given to all counsel.

Case Number: BC692954    Hearing Date: February 07, 2020    Dept: J

HEARING DATE: Friday, February 7, 2020

NOTICE: OK

RE: Lopez v. Citrus Obstetrics and Gynecology Medical Associates, Inc., et al. (BC692954) [AMENDED]

______________________________________________________________________________

 

Plaintiffs Magaly Lopez’s and Austin Lopez’s, a minor by and through his Guardian ad

Litem, Magaly Lopez’s MOTION FOR ORDER COMPELLING CITRUS VALLEY

MEDICAL CENTER, INC.’S EMPLOYEES TO APPEAR AND TESTIFY AT

DEPOSITION

Responding Party: Defendant, Citrus Valley Medical Center, Inc.

Tentative Ruling

See below.

Background

Plaintiffs Magaly Lopez (“Magaly”) and Austin Lopez, a minor by and through his Guardian ad Litem, Magaly Lopez (“Austin”) (collectively, “Plaintiffs”) contend that defendants failed to diagnose and treat Magaly’s infection, failed to diagnose fetal abnormalities and were otherwise negligent in rendering care to Magaly and Austin.

On March 29, 2018, this case was transferred from Department 92 (personal injury hub) to this instant department. On April 23, 2018, Plaintiffs dismissed their sixth cause of action against Citrus Obstetrics and Gynecology Medical Associates, Inc. (Citrus Obstetrics”), Jason Sean Begley, M.D. (“Begley”), Ian Douglas Macagy, M.D. (“Macagy”), Carols Beharie, M.D. (“Beharie”), Western University of Health Sciences (“Western University”) and Stephanie White, D.O. (“White”), without prejudice. On April 23, 2018, Magaly dismissed her third cause of action against Citrus Valley Medical Center, Inc. (“CVMC”), without prejudice.

On August 16, 2018, Plaintiffs filed a First Amended Complaint, asserting causes of action against Defendants Citrus Obstetrics, CVMC, Begley, Macagy, Beharie, Western University, White, Perpetua A. Lawa-Alejo, M.D. (Doe 1), Gilbert Furman, M.D. (Doe 2), Mitchell R. Goldstein, M.D. (Doe 3), Mita Shah, M.D. (Doe 4), Pediatrix Medical Group of California (Doe 5) and Does 6-100 for:

  1. Medical Negligence
  2. Negligent Infliction of Emotional Distress

On September 13, 2019, the court granted Western University’s and White’s Motions for Summary Judgment. The Final Status Conference is set for November 9, 2020. Trial is set for November 17, 2020.

Legal Standard

“The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying.” (CCP § 2025.280(a).)

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, electronically stored information, 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, electronically stored information, or tangible thing described in the deposition notice.” (CCP § 2025.450(a).)

A motion under subdivision (a) shall comply with both of the following: (1) The motion shall set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (2) The motion 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, electronically stored information, 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).)

“If a motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP § 2025.450(g)(1).)

Discussion

Plaintiffs move for an order compelling CVMC to produce its employees for depositions.

Plaintiffs also seek $8,956.20 in monetary sanctions against CVMC and its attorney Laura

Stephan (“Stephan”).

General Order Non-Compliance

 

Pursuant to the November 5, 2018 General Order Re Mandatory Electronic Filing for Civil, litigants are required to provide printed courtesy copies of all filings, including pleadings and motions (including attachments such as declarations and exhibits) of 26 pages or more and pleadings and motions that include points and authorities. Here, the court did not receive a courtesy copy of the papers filed by Plaintiffs and only received a courtesy copy of the papers filed by CVMC upon request by the court’s staff. Counsel is admonished. Counsel is instructed to comply with the court’s general order in future filings.

Analysis

The instant motion was filed on January 13, 2020. The court notes that on December 12, 2019, CVMC filed a “Motion for Protective Order Regarding Depositions of Citrus Valley Medical Center, Inc. Nursing Staff” (“Protective Order”), which is set for hearing on April 3, 2020. The Protective Order pertains to the three Notices of Depositions at issue in the instant motion.

Based on the above, the court CONTINUES the hearing on the instant motion to April 3, 2020.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where WESTERN UNIVERSITY OF HEALTH SCIENCES is a litigant

Latest cases where EMANATE HEALTH MEDICAL CENTER is a litigant