This case was last updated from Los Angeles County Superior Courts on 09/12/2020 at 08:02:39 (UTC).

MAYELA ROMAN VS ALTA LOS ANGELES HOSPITALS INC ET AL

Case Summary

On 04/02/2018 MAYELA ROMAN filed a Personal Injury - Medical Malpractice lawsuit against ALTA LOS ANGELES HOSPITALS INC. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARC D. GROSS, MARGARET MILLER BERNAL, JON R. TAKASUGI, HOLLY E. KENDIG and JOHN A. TORRIBIO. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0387

  • Filing Date:

    04/02/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MARC D. GROSS

MARGARET MILLER BERNAL

JON R. TAKASUGI

HOLLY E. KENDIG

JOHN A. TORRIBIO

 

Party Details

Plaintiffs, Petitioners and Claimants

ROMAN MAYELA

ROMAN AMADOR

Defendants, Respondents and Not Classified By Court

VO QUANG M.D.

ALTA LOS ANGELES HOSPITALS INC.

DAHIYA SHYAM M.D.

MUSAFER HARRIS M.D.

SACAPANO MANUEL M.D.

DOES 1 TO 100

LOS ANGELES COMMUNITY HOSPITAL AT NORWALK

HOECHLIN M.D. DONALD

Plaintiffs, Guardian Ad Litems and Not Classified By Court

ROMAN AMADOR

LOS ANGELES COMMUNITY HOSPITAL AT NORWALK

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

HOWARD NEIL M. ESQ.

HOWARD NEIL MACY ESQ.

Plaintiff and Claimant Attorney

HOWARD NEIL MACY ESQ.

Defendant and Respondent Attorneys

REINHOLTZ JACK R. ESQ.

KJAR MCKENNA & STOCKALPER

MARTIN SIDNEY J.

LAW YUK K. ESQ.

KJAR JAMES JORGEN

BIRTJA MICHELLE A.

SCHILLER MATTHEW AARON

NEIGHBORS JESSICA MICHELE

REINHOLTZ JACK RUSSELL ESQ.

MARTIN SIDNEY JERALD

DEWOLFE JACKSON G.

 

Court Documents

Judgment - JUDGMENT RE MOTION FOR SUMMARY JUDGMENT OF DEFENDANT SHYAM DAHIYA MD

12/12/2019: Judgment - JUDGMENT RE MOTION FOR SUMMARY JUDGMENT OF DEFENDANT SHYAM DAHIYA MD

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

1/6/2020: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Reply - REPLY PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO MOTION TO COMPEL FURTHER DEPOSITION TESTIMONY OF VIRGINIA ONG

11/14/2019: Reply - REPLY PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO MOTION TO COMPEL FURTHER DEPOSITION TESTIMONY OF VIRGINIA ONG

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES)

10/15/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES)

Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF VERIFIED APPLICATION FOR ADMISSION OF JULIA MCNELIS, ESQ. TO THE BAR OF THIS COURT PRO HAC VICE

12/21/2018: Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF VERIFIED APPLICATION FOR ADMISSION OF JULIA MCNELIS, ESQ. TO THE BAR OF THIS COURT PRO HAC VICE

Separate Statement

10/1/2019: Separate Statement

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

10/3/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT)

Motion to Compel Further Discovery Responses

6/21/2019: Motion to Compel Further Discovery Responses

Notice of Lodging - NOTICE OF LODGING OF EXHIBITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANT MANUEL SACAPANO, M.D.

7/22/2019: Notice of Lodging - NOTICE OF LODGING OF EXHIBITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANT MANUEL SACAPANO, M.D.

Separate Statement - SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER

6/14/2019: Separate Statement - SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER

Separate Statement - SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER DEPOSITION TESTIMONY

5/31/2019: Separate Statement - SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER DEPOSITION TESTIMONY

Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order REGARDING SETTING CASE FOR CASE MANAGEMENT CONFER...) of 01/30/2019

1/30/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order REGARDING SETTING CASE FOR CASE MANAGEMENT CONFER...) of 01/30/2019

Minute Order - Minute Order (Court Order REGARDING SETTING CASE FOR CASE MANAGEMENT CONFER...)

1/30/2019: Minute Order - Minute Order (Court Order REGARDING SETTING CASE FOR CASE MANAGEMENT CONFER...)

Minute Order - Minute Order (Ex-Parte Proceedings: DEFENDANT ALTA LOS ANGELES HOSPITALS, I...)

1/25/2019: Minute Order - Minute Order (Ex-Parte Proceedings: DEFENDANT ALTA LOS ANGELES HOSPITALS, I...)

Answer

1/23/2019: Answer

Minute Order - Minute Order (Hearing on Motion to Compel the Deposition of Defendant and R...)

1/15/2019: Minute Order - Minute Order (Hearing on Motion to Compel the Deposition of Defendant and R...)

ANSWER OF DEFENDANT, ALTA LOS ANGELES HOSPITALS, INC. DBA LOS ANGELES COMMUNITY HOSPITAL AT NORWALK, TO COMPLAINT FOR MEDICAL MALPRACTICE

7/24/2018: ANSWER OF DEFENDANT, ALTA LOS ANGELES HOSPITALS, INC. DBA LOS ANGELES COMMUNITY HOSPITAL AT NORWALK, TO COMPLAINT FOR MEDICAL MALPRACTICE

CIVIL DEPOSIT -

7/31/2018: CIVIL DEPOSIT -

133 More Documents Available

 

Docket Entries

  • 07/16/2020
  • DocketReceiver Bond; Filed by Mayela Roman (Plaintiff)

    Read MoreRead Less
  • 04/30/2020
  • Docketat 08:30 AM in Department F; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 04/17/2020
  • DocketNotice (NOTICE OF ADVANCING AND CONTINUING HEARING SET FOR APRIL 30, 2020); Filed by Mayela Roman (Plaintiff)

    Read MoreRead Less
  • 04/08/2020
  • Docketat 09:00 AM in Department F; Court Order

    Read MoreRead Less
  • 04/08/2020
  • DocketNotice of Entry of Dismissal and Proof of Service; Filed by Alta Los Angeles Hospitals, Inc. (Defendant)

    Read MoreRead Less
  • 04/08/2020
  • DocketMinute Order ( (Court Order regarding advancing and continuing the hearing se...)); Filed by Clerk

    Read MoreRead Less
  • 04/08/2020
  • DocketCertificate of Mailing for ((Court Order regarding advancing and continuing the hearing se...) of 04/08/2020); Filed by Clerk

    Read MoreRead Less
  • 03/26/2020
  • DocketRequest for Dismissal (With Prejudice as to Alta Los Angeles Hospitals, Inc. and Donald Hoechlin, M.D., from Complaint); Filed by Mayela Roman (Plaintiff)

    Read MoreRead Less
  • 03/18/2020
  • Docketat 08:30 AM in Department F; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Continued - Court's Motion

    Read MoreRead Less
  • 03/18/2020
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal (Settlement))); Filed by Clerk

    Read MoreRead Less
188 More Docket Entries
  • 05/25/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIV1L

    Read MoreRead Less
  • 04/10/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

    Read MoreRead Less
  • 04/10/2018
  • DocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

    Read MoreRead Less
  • 04/10/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 04/02/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less
  • 04/02/2018
  • DocketComplaint; Filed by Mayela Roman (Plaintiff)

    Read MoreRead Less
  • 04/02/2018
  • DocketRequest to Waive Court Fees

    Read MoreRead Less
  • 04/02/2018
  • DocketRequest-Waive Court Fees

    Read MoreRead Less
  • 04/02/2018
  • DocketORDER ON COURT FEE WAIVER

    Read MoreRead Less
  • 04/02/2018
  • DocketRequest to Waive Court Fees; Filed by Guardian

    Read MoreRead Less

Tentative Rulings

Case Number: BC700387    Hearing Date: November 21, 2019    Dept: SEC

ROMAN v. ALTA LOS ANGELES HOSPITALS, INC.

CASE NO.: BC700387

HEARING: 11/21/19

JUDGE: RAUL A. SAHAGUN

#9

TENTATIVE ORDER

I. Defendant SHYAM DAHIYA, M.D.’s unopposed motion for summary judgment is GRANTED. CCP § 437c.

II. Plaintiff MAYELA ROMAN’s Motion to Compel Further Deposition Testimony of VIRGINIA ONG, R.N. and/or in the alternative for the Appointment of a Discovery Referee and/or a Protective Order is DENIED.

Prevailing Party to give notice.

Motion for Summary Judgment

No Opposition filed as of November 19, 2019. The Court is in receipt of Plaintiff’s Notice of Non-Opposition to Defendant SHYAM DAHIYA, M.D.’s Motion for Summary Judgment.

This action for medical malpractice was filed by Plaintiff on April 2, 2018.

Defendant DAHIYA (“Defendant”) moves for summary judgment pursuant to CCP §437c.

“[I]n any medical malpractice action, the plaintiff must establish: ‘(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.’ [Citation Omitted.]” (Gami v. Mullikin Medical Center (1993) Cal.App.4th 870, 877.)

The standard of care in a medical malpractice case requires that physicians exercise in diagnosis and treatment that reasonable degree of skill, knowledge and care ordinarily possessed and exercised by members of the medical profession under similar circumstances. (Mann. v. Cracchiolo (1985) 38 Cal.3d 18, 36.) “The standard of care against which the acts of a physician are to be measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can only be proved by their testimony [citations], unless the conduct required by the particular circumstances is within the common knowledge of the layman.’ [Citations.]” (Landeros v. Flood (1976) 17 Cal.3d 399, 410.) Therefore, when a defendant moves for summary judgment/adjudication of a medical malpractice cause of action, and supports the motion with expert declarations that the defendant’s conduct fell within the community standard of care, that defendant is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence.” (Munro v. Regents of California (1989) 215 Cal.App.3d 977, 984-985.)

Here, Defendant proffers the declaration of Stephen M. Wilson, M.D. in support of the instant motion for summary judgment. Dr. Wilson is board-certified in General Surgery and Colon and Rectal Surgery, licensed to practice medicine in the State of California. (Wilson Decl., ¶¶1-4.). Dr. Wilson opines that the care and treatment provided to Plaintiff was within the applicable standard of care. (Wilson Decl., ¶¶20-21.)

As this motion is unopposed, Plaintiff submits no evidence to refute Defendant’s arguments.

Based on the evidence presented, the Court finds that there are no triable issues of material fact as to whether Defendant DAHIYA breached the standard of care. The motion for summary judgment is granted.

Motion to Compel Further Deposition

Plaintiff moves to compel the further deposition of Virginia Ong, R.N. pursuant to CCP §2025.480.

The Opposition objects to the Motion on the grounds that it is untimely under CCP §2025.480, which states that if a deponent fails to answer any question the party seeking discovery may move the court for an order compelling that answer or production by no later than 60 days “after the completion of the record for deposition.” The 60-day deadline is mandatory. (See Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 136.) Here, the deposition at issue was taken on April 10, 2019. However, the it was not transcribed until April 24, 2019. The Motion was timely filed on June 21, 2019.

On the merits, Defendant argues that Plaintiff is not entitled to the further deposition of Virginia Ong, R.N. because the deposition transcript reveals that Ms. Ong actually provided full and substantive answers to the questions that were asked. There are 7 questions in contention.

The Court has reviewed the parties’ separate statements, and the portions of the deposition transcript that were lodged with the Court and finds that Ms. Ong did answer the questions in contention. (See Ong Transcript pgs. 13, 19, 24, 48-49, 53, 78, and 79.)

The Court does not find good cause for a protective order or the appointment of a discovery referee.

Accordingly, the Motion is denied. Defendant’s request for sanctions is denied. This Motion was brought with substantial justification.

Case Number: BC700387    Hearing Date: October 24, 2019    Dept: SEF

ROMAN v. ALTA LOS ANGELES HOSPITALS, INC.

CASE NO.:  BC700387

HEARING:  10/24/19

TENTATIVE ORDER

Defendant ALTA LOS ANGELES HOSPITALS, INC.’s motion to Continue Trial and all Trial-Related Dates and all Discovery Cut-Off Dates is GRANTED. CRC 3.1332.

Moving Party to give Notice.

“To ensure prompt dissolution of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (CRC Rule 3.1332(a).) However, the Court may grant a continuance if there is an affirmative showing of good cause requiring the continuance. (CRC Rule 3.1332(c).) Circumstances that may indicate good cause include: (1) the unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) the unavailability of a party because of death, illness, or other excusable circumstances; (3) the unavailability of trial counsel because of death, illness, or other excusable circumstances; (4) the substation of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice; (5) the addition of a new party; (6) a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) a significant, unanticipated change in the statues of the case as a result of which the case is not ready for trial.” (emphasis added.) (CRC Rule 3.1332(c).) “In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. These may include… (8) Whether trial counsel is engaged in another trial.” (emphasis added.) (CRC Rule 3.1332(d).)

Defendant ALTA LOS ANGELES HOSPITALS, INC. (“Defendant”) moves for a continuance of the trial date, all trial-related dates, and the discovery cut-off. This action was filed on April 2, 2018. Trial is scheduled to commence on January 6, 2020. Attorney Patrick Stockalper, Esq. was retained by Defendant to be their trial counsel of record and filed a declaration of Trial Attorney pursuant to Section 9 of the California Rules of Court Judicial Administration Standards. (Schiller Decl., ¶3, Ex. A.) Defendant argues that a trial continuance is warranted because Mr. Stockalper is engaged in a trial set for January 13, 2020 from a lawsuit that was filed in April 2016 (Case No. BC616038). Plaintiff’s Case Management Statement FILED on March 4, 2019 estimates that this trial will last for up to 10 days, which would result in a conflict for Defendant’s Counsel. Defendant’s motion is granted. The trial date of January 6, 2020 is VACATED.