Judge: Michelle Williams Court, Case: BC691696, Date: 2023-04-27 Tentative Ruling

Case Number: BC691696    Hearing Date: April 27, 2023    Dept: 1

BC691696      SONJA DOMAZET ET AL VS WEST HILLS HOSPITAL & MEDICAL CENTER

Defendants’ Motion to Deem Cases Related and to Reassign Related Cases

TENTATIVE RULING:  The Motion is GRANTED, in part. The Court relates BC691696 with 22VECV01849.  Defendants’ request to assign both cases to reassign the cases to Judge Virginia Keeny Department W of the Van Nuys Courthouse East is DENIED.  The Court orders 22VECV01849 reassigned to Department 32 of the Spring Street Courthouse for all purposes. All hearings currently set in 22VECV01849 are hereby advanced and vacated. 

Moving party to give notice.

Background

On January 31, 2018, Plaintiffs Sonja Domazet, Elijah Stiny, and the estate of Isaac Stiny filed this wrongful death action. In the First Amended Complaint, filed on July 29, 2021, Plaintiffs asserted causes of action for: (1) wrongful death, (2) negligent infliction of emotional distress, (3) intentional infliction of emotional distress, and (4) survival action against Defendants West Hills Hospital & Medical Center, Regents of the University of California, Imelda Tio, M.D., Imelda Tio, M.D. APC, Lauren Hyman, M.D., Lauren Hyman, M.D. APC, The Partnership For Women’s Health, Waleed Doany, M.D., Waleed Doany, M.D., Inc., Roy Mansano, M.D., Roy Mansano, M.D. APC, Comprehensive Maternal-Fetal Medicine Center, Bahman Mehdizadeh, M.D., Pediatrix Medical Group Of California, APC, American Red Cross, and Hospital Corporation of America. The FAC alleges Defendants negligently caused the death of Isaac Stiny shortly after his birth by failing to properly diagnose and treat twin-to-twin transfusion syndrome.

On October 5, 2021, the court entered an order on the demurrer and motion to strike filed by Pediatrix Medical Group of California and Bahman Mehdizadeh, M.D., overruling the demurrer as to the second cause of action, sustaining the demurrer without leave to amend as to the third cause of action, and granting the motion to strike as to paragraph 52 without leave to amend.

On October 5, 2021, the court entered a stipulated order between Plaintiffs and Defendant Regents of the University of California to strike the second and third causes of action as well as paragraph 52 as to Regents only. The court entered similar stipulations as to Defendants Roy Mansano, M.D., Roy Mansano, M.D., APC, and Comprehensive Maternal-Fetal Medicine Center on October 29, 2021 and as to Defendants Imelda Tio, M.D., Imelda Tio, M.D. APC, Lauren Hyman, M.D., Lauren Hyman, M.D. APC and The Partnership For Women’s Health on November 4, 2021.

On November 18, 2021, the court entered Plaintiffs’ request for dismissal as to Defendant Regents of the University of California. On February 2, 2022, the court granted Defendant American Red Cross’ application for determination of good faith settlement and entered the request for dismissal as to American Red Cross on May 3, 2022.  

On July 6, 2022, Plaintiffs substituted Esther Schmuel, M.D. and Esther Schmuel, M.D., Inc. as Does 1 and 2. On October 21, 2022, the court entered a stipulation to strike the second and third causes of action as well as paragraph 52 as to Esther Schmuel, M.D. and Esther Schmuel, M.D., Inc.

On November 2, 2022, Plaintiffs Sonja Domazet, Elijah Stiny, and Leonardo Stiny filed Los Angeles Superior Court Case 22VECV01849 Domazet, et al v. West Hills Hospital and Medical Center, et al. In this case, Plaintiffs assert causes of action for: (1) professional negligence, (2) negligent infliction of emotional distress, and (3) intentional infliction of emotional distress against Defendants West Hills Hospital & Medical Center, Imelda Tio, M.D., Imelda Tio, M.D., APC, Lauren Hyman, M.D., Lauren Hyman, M.D., APC, The Partnership For Women’s Health, Waleed Doany, M.D., Waleed Doany, M.D., Inc., Esther Schmuel, M.D., Esther Schmuel M.D., Inc., Roy Mansano, M.D., Roy Mansano, M.D., APC, Comprehensive Maternal-Fetal Medicine Center, Bahman Mehdizadeh, M.D., and Pediatrix Medical Group of California, APC. In 22VECV01849, the Plaintiffs allege Defendants’ care and treatment in utero as well as prior to, during, and following the delivery caused Leonardo Stiny’s cerebral palsy by performing their services below the standard of care.

The court entered stipulations on January 17, 2023, February 6, 2023, and February 9, 2023, to dismiss the second and third causes of action as to Defendants Imelda Tio, M.D., Imelda Tio, M.D., APC, Lauren Hyman, M.D., Lauren Hyman, M.D., APC, The Partnership For Women’s Health, Bahman Mehdizadeh, M.D., and Pediatrix Medical Group of California, APC, Esther Schmuel, M.D., Esther Schmuel M.D., Inc., Roy Mansano, M.D., Roy Mansano, M.D., APC, and Comprehensive Maternal-Fetal Medicine Center.

On February 7, 2023, Plaintiffs filed a Notice of Related Case involving civil law case BC691696 and civil law case 22VECV01849.

Motion

On March 14, 2023, Defendants Roy Mansano, M.D., Roy Mansano, M.D., APC, Comprehensive Maternal-Fetal Medicine Center, Esther Schmuel, M.D., and Esther Schmuel, M.D., Inc. filed the instant motion seeking to relate BC691696 and 22VECV01849 and have both cases reassigned to Judge Virginia Keeny in Department W of the Van Nuys Courthouse East, who currently presides over 22VECV01849.

The motion is unopposed and all Defendants have joined in the motion.

Motion to Relate Cases

Standard

Pursuant to Los Angeles Superior Court Local Rule 3.3(f)(3), “[i]n the event that the judge designated under California Rules of Court, rule 3.300(h)(1)(A)(B)(C) to make the decision, does not order related any of the cases set forth in the Notice of Related Cases, any party may file a motion to have the cases related. Department 1 shall hear the motion, if the cases are all pending in the Central District or are pending in two or more different districts. . . . The motion must be served on each party in every case listed in the Notice of Related Cases, with proof of service attached.” (See also Cal. R. Ct., rule 3.300(h)(1)(D).)

The Cases are Related within the Meaning of Rule 3.300

While not reflected in the March 1, 2023 minute order, Defendants’ counsel states “Judge Whitaker at that time announced he was denying the request to have the cases related. Judge Whitaker commented that he did not find that the two cases were sufficiently similar to be related and also commented on the filing date of the Isaac case as one of the factors leading to his denial of the parties’ request to have the cases deemed related.” (Powell Decl. ¶ 20.) Judge Whitaker has not issued any other orders regarding the Notice. Accordingly, Defendants’ motion is properly brought before Department 1. (Cal. R. Ct., rule 3.300(h)(1)(D), LASC Local Rule 3.3(f)(3).)  

Cases are related when they (1) involve the same parties and are based on the same or similar claims, (2) arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact, (3) involve claims against, title to, possession of, or damages to the same property, or (4) are likely for other reasons to require substantial duplication of judicial resources if heard by different judges. (Cal. R. Ct., rule 3.300(a).)

In BC691696, Plaintiffs Sonja Domazet and Elijah Stiny seek to recover compensatory damages for the wrongful death of Isaac Stiny. Isaac Stiny was born on November 3, 2016. one minute after his twin brother Leonardo Stiny. Plaintiffs allege Defendants’ caused Isaac Stiny’s death by failing to intubate Isaac Stiny, failing to timely seek the required care, and failing to source blood, administer a transfusion, or transfer Isaac Stiny to another facility capable of providing a blood transfusion. The FAC also alleges Defendants “did not perform thorough enough tests to prepare for potential birth complications upon delivery.” (FAC ¶ 29.)

In 22VECV01849, Plaintiffs Sonja Domazet, Elijah Stiny, and Leonardo Stiny allege Defendants “performed substandard assessment, management, consultation, decision-making, care and treatment that fell below the applicable standard of care in utero, during delivery, and after delivery.” (Compl. ¶ 21.) The complaint alleges Defendants’ conduct caused Leonardo Stiny to develop cerebral palsy.  

The Court finds the cases are related within the meaning of California Rules of Court, rule 3.300. The cases involve many of the same parties and involve similar claims sounding in negligence. Both cases allege the Defendants failed to properly care for Sonja Domazet and Elijah Stiny’s twin children before, during, and after their birth, resulting in the death of Isaac Stiny as well as severe and permanent injuries to Leonardo Stiny. Accordingly, the two cases arise out of the same incidents and events. Both cases will also require the determination of substantially identical questions of law and fact regarding the care provided during pregnancy and birth as well as the defendants’ duties of care, level of fault, and the apportionment thereof. The cases are also likely to require a substantial duplication of judicial resources if heard by different judges. The two cases are likely to involve much of the same discovery, witnesses, and motion practice regarding similar issues.

The Court finds BC691696 and 22VECV01849 are related within the meaning of Rule 3.300.

22VECV01849 Will be Reassigned to Department 32 of the Spring Street Courthouse

In their motion and the joinders thereto, Defendants request that the two cases be assigned to Judge Virginia Keeny in Department W of the Van Nuys Courthouse East, who currently presides over 22VECV01849. Defendants do not provide any authority for this request.

Pursuant to California Rules of Court, rule 3.300, related cases are assigned to the judicial officer with the earliest filed case. (Cal. R. Ct., rule 3.300(h)(1).) The earliest filed case, BC691696, is currently assigned to Judge Michael E. Whitaker Department 32 of the Spring Street Courthouse.

Accordingly, Defendants’ request to reassign both cases to Judge Virginia Keeny Department W of the Van Nuys Courthouse East is DENIED and 22VECV01849 will be reassigned to Judge Michael E. Whitaker Department 32 of the Spring Street Courthouse.