This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 09:57:26 (UTC).

MYUNG SOO HAN VS SELECT CARE HOME HEALTH SERVICES INC ET AL

Case Summary

On 03/09/2018 a Other case was filed by MYUNG SOO HAN against SELECT CARE HOME HEALTH SERVICES INC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7349

  • Filing Date:

    03/09/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

JON R. TAKASUGI

 

Party Details

Petitioner and Plaintiff

HAN MYUNG SOO

Respondents and Defendants

IM IRENE RN

DOES 1 THROUGH 10

CHO STEVE

CHUN LOREN

SELECT CARE HOME HEALTH SERVICES INC.

 

Court Documents

Notice

8/5/2019: Notice

Proof of Service (not Summons and Complaint)

8/5/2019: Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint)

8/12/2019: Proof of Service (not Summons and Complaint)

Minute Order

8/13/2019: Minute Order

Notice of Rejection Default/Clerk's Judgment

1/14/2019: Notice of Rejection Default/Clerk's Judgment

Proof of Service (not Summons and Complaint)

2/13/2019: Proof of Service (not Summons and Complaint)

Memorandum of Points & Authorities

3/15/2019: Memorandum of Points & Authorities

Declaration

3/15/2019: Declaration

Memorandum of Points & Authorities

3/15/2019: Memorandum of Points & Authorities

Proof of Service (not Summons and Complaint)

3/15/2019: Proof of Service (not Summons and Complaint)

Request for Judicial Notice

4/15/2019: Request for Judicial Notice

Notice

4/22/2019: Notice

Order

4/29/2019: Order

Certificate of Mailing for

4/29/2019: Certificate of Mailing for

Notice

5/17/2019: Notice

DECLARATION

3/23/2018: DECLARATION

SUMMONS

3/9/2018: SUMMONS

COMPLAINT FOR DAMAGES 1) PROFESSIONAL MALPRACTICE) 2) ELDER ABUSE 3) ASSAULT AND BATTERY NEGLIGENCE (MEDICAL

3/9/2018: COMPLAINT FOR DAMAGES 1) PROFESSIONAL MALPRACTICE) 2) ELDER ABUSE 3) ASSAULT AND BATTERY NEGLIGENCE (MEDICAL

20 More Documents Available

 

Docket Entries

  • 09/08/2020
  • Hearingat 09:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 09/02/2020
  • Hearingat 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 08/13/2019
  • Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Demurrer - without Motion to Strike (to Plaintiff's Complaint) - Held

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  • 08/13/2019
  • Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion to Strike (Portions of Plaintiff's Complaint) - Held - Motion Granted

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  • 08/13/2019
  • Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Case Management Conference - Held

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  • 08/13/2019
  • DocketRuling: Demurrer to Complaint and Motion to Strike; Filed by Clerk

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  • 08/13/2019
  • DocketMinute Order ( (Hearing on Defendants Select Care Home Health Services, Inc.;...)); Filed by Clerk

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  • 08/12/2019
  • DocketProof of Service (not Summons and Complaint); Filed by Select Care Home Health Services, Inc. (Defendant); Irene Im, RN (Defendant); Steve Cho (Defendant)

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  • 08/12/2019
  • DocketOpposition (To Demurrer); Filed by Myung Soo Han (Plaintiff)

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  • 08/12/2019
  • DocketReply (to Plaintiff's Untimely Opposition to Demurrer to Plaintiff's Complaint); Filed by Select Care Home Health Services, Inc. (Defendant); Irene Im, RN (Defendant); Loren Chun (Defendant) et al.

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23 More Docket Entries
  • 02/13/2019
  • DocketDeclaration (Declaration of Bethsaida C. Obra-White in Support of Defendants' Extension of Time to Meet and Confer Pursuant to Code of Civil Procedure Section 435.5 Prior to Filing a Demurrer and Motion to Strike Portions of Plaintiff's Complaint); Filed by Select Care Home Health Services, Inc. (Defendant); Irene Im, RN (Defendant); Loren Chun (Defendant) et al.

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  • 02/13/2019
  • DocketProof of Service (not Summons and Complaint); Filed by Select Care Home Health Services, Inc. (Defendant); Irene Im, RN (Defendant); Loren Chun (Defendant) et al.

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  • 01/14/2019
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 12/27/2018
  • DocketRequest for Entry of Default / Judgment; Filed by Myung Soo Han (Plaintiff)

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  • 12/27/2018
  • DocketProof of Personal Service; Filed by Myung Soo Han (Plaintiff)

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  • 03/23/2018
  • DocketDECLARATION

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  • 03/23/2018
  • DocketDeclaration; Filed by Loren Chun (Defendant)

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  • 03/09/2018
  • DocketCOMPLAINT FOR DAMAGES 1) PROFESSIONAL MALPRACTICE) 2) ELDER ABUSE 3) ASSAULT AND BATTERY NEGLIGENCE (MEDICAL

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  • 03/09/2018
  • DocketComplaint; Filed by Myung Soo Han (Plaintiff)

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  • 03/09/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC697349    Hearing Date: February 18, 2020    Dept: 48

Demurrer

The Defendants Select Care Home Health Services, Inc., Mi Young Lim a.k.a. Irene Lim, Lauren Chun, and Steve Cho’s

demurrer to the first cause of action is SUSTAINED without leave to amend. Defendants are ordered to answer the

remaining allegations in the First Amended Complaint within 10 days.

Plaintiff’s Request For Judicial Notice

Defendants’ request that the Court take judicial notice of the Complaint and First Amended Complaint filed in this action, and the Court’s August 13, 2019 minute order on Defendants’ demurrer to the Complaint is GRANTED per Evid. Code § 452(d)(court records).

Meet and Confer

The Declaration of Bethsadia C. Obra-White reflects that the meet and confer declaration set forth in CCP § 430.41 was satisfied.

First Cause of Action (Elder Abuse).

Plaintiff still does not allege a substantial caretaking or custodial relationship between Plaintiff and Defendants for ongoing responsibility of one or more basic needs.

[The definition of neglect under[ the [Elder Abuse] Act does not apply unless the defendant health care provider had a substantial caretaking or custodial relationship, involving ongoing responsibility for one or more basic needs, with the elder patient. It is the nature of the elder or dependent adult's relationship with the defendant—not the defendant's professional standing—that makes the defendant potentially liable for neglect. Because defendants did not have a caretaking or custodial relationship with the decedent, we find that plaintiffs cannot adequately allege neglect under the Elder Abuse Act.

Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 152.

“Under the sham-pleading doctrine, admissions in an original complaint that has been superseded by an amended pleading remain within the court's cognizance and the alteration of such statements by amendment designed to conceal fundamental vulnerabilities in a plaintiff's case will not be accepted. (Deveny v. Entropin, Inc. (2006) 139 Cal.App.4th 408, 425–426, fn. 3 [42 Cal. Rptr. 3d 807] [If a party files an amended pleading and attempts to avoid defects of original complaint by either omitting facts that rendered prior complaint defective or adding facts inconsistent  with prior allegations, court may take judicial notice of prior pleadings and disregard inconsistent allegations or read into amended complaint the allegations of the superseded complaint.]; Patane v. Kiddoo (1985) 167 Cal.App.3d 1207, 1213 [214 Cal. Rptr. 9].)” (Berg & Berg Enterprises, LLC v. Boyle (2009) 178 Cal.App.4th 1020, 1043, fn. 25 [100 Cal. Rptr. 3d 875].)

Lockton v. O'Rourke (2010) 184 Cal.App.4th 1051, 1061.

“[A]s a matter of law, allegations in a complaint must yield to contrary allegations contained in exhibits to a complaint. (Citation omitted.)” Vallejo Development Co. v. Beck Development Co. (1994) 24 Cal.App.4th 929 , 946. “These are evidentiary facts  found in recitals of exhibits attached to a complaint or superseded complaint which can be considered on demurrer. (4 Witkin, Cal. Procedure (3d ed. 1985) Pleading, §§ 387, 411, 412, pp. 436, 458-459; 5 Witkin, Cal. Procedure (3d ed. 1985) Pleading, § 896, p. 337.)” Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94.

Here, as noted by Defendants, the original Complaint attached as an Exhibit a letter dated August 24, 2016 from Plaintiff’s prior counsel, Vincent S. Kim, admitting that five administrations of intravenous medications were given to Plaintiff at his home, on March 13 and March 14, 2016. These medications were for two entirely different patients. These factual admissions in the exhibit attached to the superseded Complaint give rise to the conclusion that, even if Defendants had a substantial caretaking or custodial relationship of Plaintiff at his home, there was insufficient neglect for purposes of the Elder Abuse Act. There was no failure to provide medical care, but rather substandard performance of medical services, i.e., the negligent administration of the wrong medication to Plaintiff on March 13 and March 14, 2016.

Sababin v. Superior Court (2006) 144 Cal.App.4th 81, 88-89 (bold emphasis and underlining added).

The demurrer to the first cause of action is SUSTAINED without leave to amend.

Defendants are ordered to answer the remaining allegations in the 1AC within 10 days.

Defendants are ordered to give notice.

Case Number: BC697349    Hearing Date: December 12, 2019    Dept: 48

(1) MOTION TO COMPEL DISCOVERY RESPONSES; REQUEST FOR SANCTIONS;

(2) MOTION FOR AN ORDER DEEMING ADMITTED REQUESTS FOR ADMISSION; REQUEST FOR SANCTIONS

MOVING PARTY: (1) & (2) Defendants Select Care Home Health Services, Inc., Irene Lim RN, Lauren Chun, and Steve Cho

RESPONDING PARTY(S): (1) & (2) No opposition filed.

PROOF OF SERVICE:

ANALYSIS

Motion to Compel Responses to Form Interrogatories

This should have been filed as three separate motions: (1) motion to compel responses to special interrogatories; (2) motion to compel responses to form interrogatories; and (3) motion to compel responses to requests for production of documents. However, Plaintiff only paid one filing fee. An additional $120 in filing fees is due.

As of the date of the filing on this motion, Plaintiff has not served responses to interrogatories. Decl. of Bethsaida Obra-White, ¶ 7. Therefore, the motion to compel responses to form and special interrogatories, set one is GRANTED. Plaintiff Myung Soo Han is ordered to provide verified responses without objection within 10 days of this Order.

Sanctions are discussed below.

Motion to Compel Responses to Request for Production of Documents

As of the date of the filing on this motion, Plaintiff has not served responses to requests for production of documents. Obra-White Decl., ¶ 7. Therefore, the motion to compel responses to requests for production of document, set one, is GRANTED. Plaintiff Myung Soo Han is ordered to provide verified responses without objection within 10 days of this Order.

Sanctions are discussed below.

Motion to Deem Admitted Requests for Admission

As of the date of the filing on this motion, Plaintiff has not served responses to requests for admission. Decl. of Scott D. Myer, ¶ 7. Therefore, the request for an order that the genuineness of any document and the truth of any matters specified in the requests for admission, set one be deemed admitted is GRANTED.

Sanctions are discussed below.

Sanctions

Plaintiff’s request for sanctions against Plaintiff and his attorney of is GRANTED in the total reduced amount of $1,215.00, jointly and severally. Sanctions are to be paid to Defendant’s counsel within 10 days.