This case was last updated from Los Angeles County Superior Courts on 12/27/2021 at 09:49:06 (UTC).

OLLIE PEARL OWENS VS ST. FRANCIS MEDICAL CENTER, A CALIFORNIA NON-PROFIT CORPORATION, ET AL.

Case Summary

On 08/13/2021 OLLIE PEARL OWENS filed an Other lawsuit against ST FRANCIS MEDICAL CENTER, A CALIFORNIA NON-PROFIT CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9973

  • Filing Date:

    08/13/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

OWENS OLLIE PEARL

Defendants

DOES 1 - 100 INCLUSIVE

ST. FRANCIS MEDICAL CENTER A CALIFORNIA NON-PROFIT CORPORATION

PRIME HEALTHCARE FOUNDATION INC. A NON-PROFIT CORPORATION

PRIME HEALTHCARE SERVICES INC. A CORPORATION

ST. FRANCHIS MEICAL CENTER OF LYNWOOD FOUNDATION

VERITY HEALTH SYSTEM OF CALIFORNIA INC .

Attorney/Law Firm Details

Plaintiff Attorney

HENRIKS YANA GAYANE

Defendant Attorney

WATSON ALEXANDER

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES

8/31/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES

PI General Order

8/31/2021: PI General Order

Notice of Posting of Jury Fees

10/1/2021: Notice of Posting of Jury Fees

Amendment to Complaint (Fictitious/Incorrect Name)

10/4/2021: Amendment to Complaint (Fictitious/Incorrect Name)

Proof of Personal Service

10/19/2021: Proof of Personal Service

Proof of Personal Service

10/19/2021: Proof of Personal Service

Proof of Personal Service

10/19/2021: Proof of Personal Service

Proof of Mailing (Substituted Service)

10/19/2021: Proof of Mailing (Substituted Service)

Proof of Personal Service

10/19/2021: Proof of Personal Service

Declaration - DECLARATION OF DANIEL K. DIK IN COMPLIANCE WITH CODE OF CIVIL PROCEDURE 430.41(A)(2) IN SUPPORT OF MORE TIME FOR DEFENDANT TO RESPOND TO OPERATIVE COMPLAINT

11/2/2021: Declaration - DECLARATION OF DANIEL K. DIK IN COMPLIANCE WITH CODE OF CIVIL PROCEDURE 430.41(A)(2) IN SUPPORT OF MORE TIME FOR DEFENDANT TO RESPOND TO OPERATIVE COMPLAINT

Request for Dismissal

11/17/2021: Request for Dismissal

Demurrer - without Motion to Strike - DEMURRER - WITHOUT MOTION TO STRIKE TO COMPLAINT

11/30/2021: Demurrer - without Motion to Strike - DEMURRER - WITHOUT MOTION TO STRIKE TO COMPLAINT

Declaration - DECLARATION DECLARATION OF DANIEL K. DIK IN COMPLIANCE WITH CODE OF CIVIL PROCEDURE 430.41 IN SUPPORT OF DEMURRER

11/30/2021: Declaration - DECLARATION DECLARATION OF DANIEL K. DIK IN COMPLIANCE WITH CODE OF CIVIL PROCEDURE 430.41 IN SUPPORT OF DEMURRER

Amended Complaint - FIRST AMENDED COMPLAINT

8/24/2021: Amended Complaint - FIRST AMENDED COMPLAINT

Summons - SUMMONS ON COMPLAINT

8/24/2021: Summons - SUMMONS ON COMPLAINT

Summons - SUMMONS ON COMPLAINT

8/13/2021: Summons - SUMMONS ON COMPLAINT

Civil Case Cover Sheet

8/13/2021: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

8/13/2021: Notice of Case Assignment - Unlimited Civil Case

7 More Documents Available

 

Docket Entries

  • 08/09/2024
  • Hearing08/09/2024 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 02/10/2023
  • Hearing02/10/2023 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/27/2023
  • Hearing01/27/2023 at 10:00 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 02/04/2022
  • Hearing02/04/2022 at 1:30 PM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Demurrer - without Motion to Strike

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  • 11/30/2021
  • DocketDemurrer - without Motion to Strike (to complaint); Filed by St. Francis Medical Center, a California Non-Profit Corporation (Defendant)

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  • 11/30/2021
  • DocketDeclaration (DECLARATION OF DANIEL K. DIK IN COMPLIANCE WITH CODE OF CIVIL PROCEDURE 430.41 IN SUPPORT OF DEMURRER); Filed by St. Francis Medical Center, a California Non-Profit Corporation (Defendant)

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  • 11/17/2021
  • DocketRequest for Dismissal; Filed by Ollie Pearl Owens (Plaintiff)

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  • 11/02/2021
  • DocketDeclaration (OF DANIEL K. DIK IN COMPLIANCE WITH CODE OF CIVIL PROCEDURE 430.41(a)(2) IN SUPPORT OF MORE TIME FOR DEFENDANT TO RESPOND TO OPERATIVE COMPLAINT); Filed by St. Francis Medical Center, a California Non-Profit Corporation (Defendant)

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  • 10/19/2021
  • DocketProof of Personal Service; Filed by Ollie Pearl Owens (Plaintiff)

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  • 10/19/2021
  • DocketProof of Personal Service; Filed by Ollie Pearl Owens (Plaintiff)

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3 More Docket Entries
  • 10/04/2021
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by Ollie Pearl Owens (Plaintiff)

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  • 10/01/2021
  • DocketNotice of Posting of Jury Fees; Filed by Ollie Pearl Owens (Plaintiff)

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  • 08/31/2021
  • DocketPI General Order; Filed by Clerk

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  • 08/31/2021
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Dates); Filed by Clerk

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  • 08/24/2021
  • DocketSummons (on Complaint); Filed by Ollie Pearl Owens (Plaintiff)

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  • 08/24/2021
  • DocketFirst Amended Complaint; Filed by Ollie Pearl Owens (Plaintiff)

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  • 08/13/2021
  • DocketComplaint; Filed by Ollie Pearl Owens (Plaintiff)

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  • 08/13/2021
  • DocketSummons (on Complaint); Filed by Ollie Pearl Owens (Plaintiff)

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  • 08/13/2021
  • DocketCivil Case Cover Sheet; Filed by Ollie Pearl Owens (Plaintiff)

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  • 08/13/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: *******9973 Hearing Date: February 4, 2022 Dept: 29

TENTATIVE

*******9973 Owens v. St. Francis Medical Center

Court Order Re: Transfer and Reassignment of Complicated Personal Injury (“PI”) Case to An Independent Calendar ("IC") Courtroom from Department 29, a PI Hub Court.

The Court's order Re: Transfer of Complicated Personal Injury Case to an Independent Calendar Court, is posted on the Court's website.

AFTER REVIEW OF THE FILE, THE COURT MAKES THE FOLLOWING ORDER:

Department 29 of the Personal Injury Court has determined that the above-entitled action is complicated based upon the number of pretrial hearings and/or the complexity of the issues presented.

At the direction of Department 1, this case is hereby ordered reassigned and transferred to the South Central District, the Honorable JUDGE THOMAS LONG presiding in Department A of the Compton Courthouse, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the cause for trial to that Independent Calendar Court.

Any pending motions or hearings, including trial or status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar Court. (NOTE: All hearings currently set in Department 29 of the Spring Street Courthouse are taken off calendar subject to being reset and notified by the receiving court Re: New hearing dates.)

Judicial Assistant is directed to give notice to Plaintiff, who upon receipt of this notice, is ordered to give notice to all parties of record.


Case Number: *******9973 Hearing Date: May 17, 2022 Dept: A

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – SOUTH CENTRAL DISTRICT

OLLIE PEARL OWENS,

Plaintiff(s),

vs.

ST. FRANCIS MEDICAL CENTER, ET AL.,

Defendant(s).

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CASE NO: *******9973

[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

Dept. A

DATE: Tuesday, May 17, 2022

TIME: 8:30 A.M.

COMPLAINT FILED: August 13, 2021

TRIAL DATE: Not set

I. BACKGROUND

The operative First Amended Complaint (“FAC”) filed on August 24, 2021 alleges that Plaintiff was admitted to St. Francis Medical Center (“St. Francis”) for shortness of breath on June 4, 2020. While under Defendant’s care, Plaintiff allegedly fell from a hospital bed because of Defendant’s failure to lock the bed’s wheels. Plaintiff alleges claims for medical malpractice, negligence, negligent supervision and retention and elder abuse.

II. MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT

Plaintiff’s motion, filed on April 21, 2022, seeks an order to permit filing a second amended complaint to add a cause of action for negligent infliction of emotional distress. Plaintiff will also add additional facts describing her injuries in detail and more particular allegations to the claim for elder abuse. Plaintiff will add additional facts concerning the number of complaints filed against St. Francis by the California Department of Public Health.

On May 3, 2022, St. Francis filed a notice of non-opposition.

III. LEGAL STANDARDS

Leave to amend is permitted at the court’s discretion upon any terms that may be just. Code Civ. Proc., 473(a)(1). The statute is liberally construed to permit amendment of the pleadings “unless an attempt is made to present an entirely different set of facts by way of the amendment.” Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760.

If the motion is timely made, and the granting of the motion will not result in prejudice to the opposing party, it is error to refuse permission to amend. Morgan v. Superior Court of Los Angeles County (1959) 172 Cal. App. 2d 527, 530. Where denial of the motion will result in a party being deprived of the right to assert a meritorious cause of action, “it is not only error but an abuse of discretion.” Id.

IV. DISCUSSION

Plaintiff intends to add an additional claim for negligent infliction of emotional distress arising from the same alleged facts and other details to support the new and existing claims. Defendant contends the SAC “varies little” from the FAC.

There is no evidence of prejudice arising from the new allegations. The trial date has not yet been set.

V. CONCLUSION

Based on the foregoing, the Motion is GRANTED. Plaintiff is ordered to file the SAC forthwith.

Dated: May 17, 2022

Hon. Thomas D. Long

Judge of the Superior Court


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