This case was last updated from Los Angeles County Superior Courts on 06/17/2019 at 21:47:50 (UTC).

WHITNEY FRANKLIN ET AL VS DIGNITY HEALTH INC ET AL

Case Summary

On 12/05/2017 WHITNEY FRANKLIN filed a Personal Injury - Medical Malpractice lawsuit against DIGNITY HEALTH INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5851

  • Filing Date:

    12/05/2017

  • 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 Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

FRANKLIN WHITNEY

KNIGHT JOSIYAH

Defendants and Respondents

DOES 1-20

PICKETT ANTHONY C. M.D.

DIGNITY HEALTH INC.

CALIFORNIA HOSPITAL MEDICAL CENTER

COVINGTON TYLENE

EISNER HEALTH AKA EISNER PEDIATRIC AND FAMILY CENTER

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

LAW OFFICES OF JUDE A. AKUBUILO PH.D.

Defendant Attorney

LYNCH GREGORY G

 

Court Documents

Answer

12/26/2018: Answer

Demand for Jury Trial

12/26/2018: Demand for Jury Trial

Proof of Personal Service

4/4/2019: Proof of Personal Service

Declaration re: Due Diligence

4/4/2019: Declaration re: Due Diligence

Proof of Service by Mail

4/26/2019: Proof of Service by Mail

Request for Judicial Notice

4/26/2019: Request for Judicial Notice

Motion for Summary Judgment

4/26/2019: Motion for Summary Judgment

Notice of Lodging

4/26/2019: Notice of Lodging

Proof of Personal Service

4/30/2019: Proof of Personal Service

Amendment to Complaint (Fictitious/Incorrect Name)

6/6/2019: Amendment to Complaint (Fictitious/Incorrect Name)

Amendment to Complaint (Fictitious/Incorrect Name)

6/6/2019: Amendment to Complaint (Fictitious/Incorrect Name)

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

1/4/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

COMPLAINT FOR DAMAGES

12/5/2017: COMPLAINT FOR DAMAGES

NOTICE OF CLERICAL CORRECTION

12/15/2017: NOTICE OF CLERICAL CORRECTION

Unknown

12/5/2017: Unknown

4 More Documents Available

 

Docket Entries

  • 06/06/2019
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by Whitney Franklin (Plaintiff); Josiyah Knight (Plaintiff)

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  • 06/06/2019
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by Whitney Franklin (Plaintiff); Josiyah Knight (Plaintiff)

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  • 06/05/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 05/21/2019
  • at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 04/30/2019
  • Proof of Personal Service; Filed by Dignity Health, Inc. (Defendant); California Hospital Medical Center (Legacy Party)

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  • 04/26/2019
  • Notice of Lodging (Evidentiary Exhibits in Support of Motion for Summary Judgment); Filed by Dignity Health, Inc. (Defendant)

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  • 04/26/2019
  • Separate Statement; Filed by Dignity Health, Inc. (Defendant)

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  • 04/26/2019
  • Proof of Service by Mail; Filed by Dignity Health, Inc. (Defendant)

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  • 04/26/2019
  • Motion for Summary Judgment; Filed by Dignity Health, Inc. (Defendant)

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  • 04/04/2019
  • Proof of Personal Service; Filed by Whitney Franklin (Plaintiff); Josiyah Knight (Plaintiff)

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  • 04/04/2019
  • Declaration re: Due Diligence (Service on Defendant, Anthony C. Pickett, M.D.); Filed by Whitney Franklin (Plaintiff); Josiyah Knight (Plaintiff)

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  • 03/15/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by California Hospital Medical Center (Legacy Party)

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  • 12/26/2018
  • Demand for Jury Trial; Filed by Dignity Health, Inc. (Defendant); California Hospital Medical Center (Legacy Party)

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  • 12/26/2018
  • Answer; Filed by Dignity Health, Inc. (Defendant)

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  • 01/04/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 01/04/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 12/15/2017
  • NOTICE OF CLERICAL CORRECTION

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  • 12/05/2017
  • COMPLAINT FOR DAMAGES

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  • 12/05/2017
  • Complaint; Filed by Whitney Franklin (Plaintiff); Josiyah Knight (Plaintiff)

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  • 12/05/2017
  • ORDER ON COURT FEE WAIVER

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Tentative Rulings

Case Number: BC685851    Hearing Date: December 03, 2019    Dept: 5

Superior Court of California

County of Los Angeles – Central District

WHITNEY FRANKLIN, et al.,

Plaintiffs,

vs.

DIGNITY HEALTH, INC., et al.,

Defendants.

Case No.:

BC685851

ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

After review of the court file, the Court makes the following order:

Department 5 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 transferred for reassignment purposes only to the following Independent Calendar Court in THE CENTRAL DISTRICT, JUDGE DENNIS LANDIN presiding in DEPT. 51 of the STANLEY MOSK Courthouse, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the case for trial to that Independent Calendar Court.

Any pending motions or hearings, including trial and status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar court.

DEFENDANTS shall provide notice to all parties of record.

DATED: November 26, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC685851    Hearing Date: November 15, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

whitney franklin, et al.,

Plaintiffs,

v.

dignity health, inc., et al.

Defendants.

Case No.: BC685851

Hearing Date: November 15, 2019

[TENTATIVE] order RE:

Motion TO TAX COSTS

BACKGROUND

Defendant Dignity Health, Inc. (“Defendant”) prevailed on its summary judgment motion against Plaintiffs Whitney Franklin and Josiyah Knight (“Plaintiffs”). Defendant filed a memorandum of costs on September 18, 2019. Plaintiffs move to tax Defendant’s claimed costs. Defendant then amended its memorandum of costs by way of an amended opposition, seeking only: (1) Filing and motions fees in the amount of $935, (2) Jury fees in the amount of $150, and (3) Deposition costs in the amount of $803. Based upon this amendment, the Court denies the motion and orders that these costs—which total $1,888—be paid by Plaintiff.

LEGAL STANDARD

Code of Civil Procedure section 1033.5, subdivision (a) sets forth items that are allowable as costs.  Allowable costs under Section 1033.5 must be “reasonably necessary to the conduct of this litigation rather than merely convenient or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subds. (c)(2), (3).) “Items not mentioned in [Section 1033.5] and items assessed upon application may be allowed or denied in the court’s discretion.” (Id., subd. (c)(4).)

On a motion to tax, “[i]f the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. Whether a cost item was reasonably necessary to the litigation presents a question of fact for the trial court and its decision is reviewed for abuse of discretion. However, because the right to costs is governed strictly by statute a court has no discretion to award costs not statutorily authorized.” (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774, internal citations omitted.) “The court’s first determination, therefore, is whether the statute expressly allows the item, and whether it appears proper on its face. If so, the burden is on the objecting party to show them to be unnecessary or unreasonable.” (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131, internal citations omitted.) The objecting party does not meet this burden by arguing that the costs were not necessary or reasonable, but must present evidence and prove that the costs are not recoverable. (Litt v Med. Ctr. (2015) 237 Cal.App.4th 1217, 1224; Seever v. Copley Press, Inc. (2006) 141 Cal.App.4th 1550, 1557.)

DISCUSSION

As Plaintiff did not “recover any relief against” Defendant, Defendant is the prevailing party in this action.  (Code Civ. Proc., § 1032, subd. (a)(4).) It is therefore entitled to recover its costs. Plaintiff moves to tax Defendant’s claimed costs on the basis that Defendant failed to present supporting documentation. Defendant was not required to do so in connection with its memorandum of costs. (See Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1267.) Defendant has now submitted supporting documentation, which the Court concludes is sufficient to support Defendant’s claimed costs. The Court therefore denies the motion.

CONCLUSION AND ORDER

The Court interprets Defendant’s amended opposition as a request to amend its memorandum of costs to eliminate $6,373 in costs. That unopposed request is granted, leaving only $1,888 in costs. With respect to these costs, Plaintiff’s motion to tax costs is denied. Plaintiff shall pay Defendant costs in the amount of $1,888 within thirty (30) days of notice. The Court’s clerk shall provide notice.

DATED: November 15, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court