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FILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 • UPSTATE SURGICAL GROUP, P.C . . 5100 W. TAFT ROAD, SUITE 2E LIVERPOOL, NY 13088 (315)-634-3399 Summary of Todays Visit Marlene Claps February 5, 2014 Visit with B. Sivakumar,M.D. Problem List Hernia Ventral lncisional (553.21) Stomach And Duodenum Disorder Other (537.89) Esophageal Reflux (530.81) Diarrhea (787.91) Pain Abdominal Generalized (789.07) Allergies Penicillin; Erythromycin Medications ,. Continue B. Sivakumar,M.D. Prevacid : 30 mg, 1 in evening via jtube • Ability : 2 mg, 1 in in the morning via jtube POPILEVSKAYA, YANA RPA-C Reglan : 5 mg, 1 tab by mouth every 6 hours Zupleriz : 4 mg, 1 strip every 6 hours as need Prochlorperazine Maleate : 5 mg, 1 TAB by mouth Q6HR,PRN Carafate: 1 gm/10ml, 10cc by mouth three times a day Scopolamine Transdermal : 1.5mg, 1 patch q72 hours, Dexilant : 30 mg, 1 by mouth every day Sertraline HCL : 100 mg, 2 tab oral daily Oxycodone HCL : 5 mg, 1-2 tablets orally every four hours as needed for pain Promethazine HCL : 12.5 mg, 1 by mouth every 6hr, as need Promethazine HCL: 12.5 mg, 1 tab by mouth q6hr,prn Lidocaine HCL : , apply around the tube daily, as need Valium : 5 mg, 1 by mouth night before procedure and 1 tab by mouth 1 hour prior to procedure Wheelchair : , use as directed Bactrim DS: 800-160 mg, 1 by mouth twice a day x 10 Nystatin : 100000 Unit/ML, swish and swallow 4-6 mis 4 times a day Silvadene : 1 %, apply to affected area once a day and as needed Diflucan : 200 mg, 1 by mouth x 10 days Abdominal Binder/Elastic/Medium : , use as directed Bupropion HCL : 100 mg, 1 pills oral or jtube daily Ventolin HFA : 108 (90 Base) mcg/Act, 1 puff three times a day as need Phenergan : 25 mg, 1 tab by mouth every 6 hours for nausea Zofran: 8 mg, 1 tab sl every 6hrs, as need ROBERTSON,MYA,FNP , Lortab : 5-500 mg, 1-2 by mouth every 4 hours for pain as needed • Flexeril : 5 mg, 1 by mouth tid,prn · Wellbutrin SR : 150 mg, 1 tab oral daily Unspecified PrescriberFILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 • Abilify Sentradine : 150 mg Bupropion HCL Lamotrigine ER : 200 mg Omeprazole Crestor : 20 mg Calcium+ D Multivitamin Acidophilus Pearls Zolpidem Tartrate ER: 12.5 mg Tylenol : 325 mg Future Appointments 08/06/14 Wed 12:10p Loe: 2 Sivakumar,Balasubramaniam,MD Loe: 2 LIVERPOOL - NORTH MEDICAL CENTER UPSTATE SURGICAL GROUP · 5100 W. TAFT RD STE 2E LIVERPOOL, NY 13088-4885 Phone: (315)-634-3399 Fax: (315)-634-3481 Ins. Todays Options Aware We DO Not Par • •FILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021• HIATAL HERNIA What is a hiatal hernia? A hiatal hernia happens when part of your stomach bulges up through the diaphragm and into your chest. The diaphragm is a sheet of muscle_ that separates your belly (abdomen) from your chest. The hernia bulges through the diaphragm at a place called the hiatus. This is the opening in the diaphragm that the esophagus passes through. The esophagus is the tube that connects the throat to the stomach. There are three main types of hiatal hernia: sliding, paraesophageal and mixed. Most people who have a hiatal hernia have a sliding hiatal hernia. What causes a hiatal hernia? A hiatal hernia often is caused by weak muscles and tissue within and around the hiatus. In a sliding hiatal hernia, a small part of the stomach pushes through the diaphragm and into the chest. A valve between the esophagus and the stomach also moves up and away from the diaphragm. What are the symptoms? Most people who have a hiatal hernia have no symptoms. One symptom you may have is heartburn, which is an uncomfortable feeling of burning, warmth, or pain behind the breastbone. It is common to have heartburn. at night when you are trying to sleep. If you often have symptoms or they are severe, you may have Gastroesophageal Reflex Disease, or • GERO. A hiatal hernia can lead to GERO, and people often have both conditions at the same time. If you have pain behind your breastbone, it is important to make sure it is not caused by. a problem with your heart. The burning sensation caused by GERO usually occurs after you eat. Pain from the heart usually ~eels like pressure, heaviness, weight, tightness, squeezing, discomfort, or a dull ache. It occurs most often after you are active. How is a hiatal hernia diagnosed? A hiatal hernia is often diagnosed when you see your doctor or have tests for another health problem. If you have symptoms, your doctor will ask you questions about them. If your symptoms happen often and are severe, you may have Gastroesophageal Reflux Disease (GERO). If this is the case, your doctor may do more tests or give you medicine for GERO. How is it treated? If you have no symptoms, you don't need treatment. If you have mild symptoms, your doctor may suggest lifestyle changes and perhaps non-prescription medicines. Here are some things to try: - Change your eating habits. - It's best to eat several small meals instead of two or three large meals. - After you eat, wait 2 to 3 hours before you lie down. Late-night snacks aren't a good idea. - Chocolate, mint, and alcohol can make GERO worse. - Spicy foods, foods that have a lot of acid (like tomatoes and oranges) and coffee can make GERO symptoms worse in some people. If your symptoms are worse after you eat- a certain food, you may want to stop eating that food to see if your symptoms get • better . - Do not smoke or chew tobacco. - If you get heartburn at night, raise the head of your bed 6 in. (15 cm) to 8 in. (20 cm) byFILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 • putting the frame on blocks or placing a foam wedge under the head of your mattress . (Adding extra pillows does not work.) - Do not wear tight clothing around your middle. - Lose weight if you need to. Losing just 5 to 1O pounds can help. If you often have symptoms or have severe symptoms, you may have GERO. Lifestyle changes may help, and your doctor may prescribe medicine. In severe cases, surgery can be used to pull the hernia back into the belly. · • • , '-FILED: INDEX NO. 2015EF3692 J16 / 14 ONONDAGA 04 : 57AM COUNTYIVERPOOL Gentiva-L CLERK .13154610Z96 01/15/2021131stsuesswo 12:23 PM eage a aNYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 Patient: CI.AP5,MARLENE- 0B9529961 Clintan: foulm. MEEN i (RN) Patient Name (last, First) Client;No GLÃP$ MAREElin . a Transfer Summary Coverage Period From: 11/06/2013 To 01/04/2014 6 Ca Conference gED/C Summary SOC DATE: 07/09/2013 DC DATE. 12/31/2013 Serv ce Prwided and Classification (Check all services provided-lf discharged, fill in # of visits/96 ed by State.) g RN a PT a SLP a HHA g RT [fHe c penion G LP MN DOT a MSW PCA a NT D HousÉke er Primary Diagnosis Other Pertinent Diagnosis pysphagia constant nausea, mainutrition, G-tube, en feeding Cass Confetenc% atponded by teen Jaquint, RN Names/Titlesh acqueline yahelko, MCP Clinical Ascard Reviewed e±=y offatient's CedMpos Cne Pre¶ded, and Status éf Prchiarñs thyoughoutcourse of ceré: Pt. was originally admitted to 1 C after sus ery for a hiatal hemia. Post-operatively, pt had dysphagia, nausea, and was unable to eat enough to maintainebòdy weight. Pt. test SD Ibs., Went for a second opinion añd had a second surgery with the same result. Getube and htube were placed and pt. began enteral feedings. SN Instructed pt, oli equipment, dressing management, medicatiorils; Pt. ciontinues with enteral feedings at night due to cesent nausea which worsens when taking oral Input, Her weight it relatively 4table. she has been to Gastroenterologist and Neurosurgeon but n6 definitive diagnosis have been made. Pt, is knowledgeable about her current cate and is thdependent With it at this point. Goals let? Ves}$No , if no, e g ain Pt. has met the current goals. . COMPLETEfOR DISCHARGEfTIIA 5F£R 5 01Discharge to Home or Self O IOSent to Outpatient Rehab O 17 PatienUFamily N n- O 50 Discharge I to CH A Care O 11Transfer by Doctor Compliant D 51Discharged to Long-Term 02sentto Short-Term Request O 18Patient No Longer Care Facility Hospital O 12 Discharged for tack of Homebound O 52 Dischargedto Long-Term O 03 Sent to Skilled Nursing Progress O 19 Patient Refuses Further . Care Home Care Agency FacilitY O 13Discharged for Lack of Services O 53 Discharged to Departnent O 045entto intermediate Care Funds O 20 Expired of Social Services Facility O 14 Discharged for other O 40 Ex pired at Home O 54 Discharged to Community 05 Sent to a Different Type of Reason D 41Expired in Hospital, SNF, Agency Institution D 15 Patient Moved Out of Area ICF O 06 Sent Home with a Different O 16 Patient Has Achieved O 42 Expired, PlaceUnknown Provider Maximum Rehab Possible O 43Discharged to Federal 3 07 Left Against Medical Advice Hospital 709 Family/Friends Assume Responsibility Date of last visit/shift (Discharge/Transfer date): Last discipline out e Yes a No Specify: 5N 12/31/2013 12/11/2013 AdvanceDirective Exists:pyes tirNo . Specify: Pt. is a Full Code Referrals made to other communitf services? 0 Yes e Discharge/Transfer to: Self care No Comments/Specify1 Sutrametry 201 .44 9slf ian IVAKU ALAE1BRA Fax315È343395 DiscÌisme PlannerFILED: From ONONDAGA COUNTY CLERKThu01/15/2021 12:23 PM INDEX NO. 2015EF3692 Syracuse Gastro Feb 6 15:49:13 2014 Page 2 of 4NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 SyRAcusE C(A$TROENTEROLOGlCAL ASSOCIATES, RC. CNY Medical Center • 7nlrving Ave, Ste400 • Syracuse..NY 13210 • (316) 23446È/ • Fax (3î6) 2344808 • 8100 Oswego Road, Suite.140 • Liverpâol, NY 13090 • (315)'641-1966 • Fak (315) 234-6696 Clay Medical Cer ter .Corrrnunity Memorial Hospital • 150 Busad Street a Harnilton, NY 13346 (procedures only) MARKH..KASQWITZivI.D. MICHAEL.S.SIPPLE,M 1 pENNISW..REEDY,.M.D. DAylD S. KAPLAN.M.D.. |NT|KHABIQBAL..M.D. ADAMM. BERG.M.D. VINCENTLOCOcO. R.P.A:-C. NICOLED..S.INKLER..NP-C Date: 02/06/2014 03:15 PM Patient Name: MARLENE CLAPS Gender: Female Account #: 94018 DOB(age): 1952 (61) Provider: Vincent LoCoco, RPA-C Dennis W. Reedy, MD Referring Physician: MICHAEL J. BRODOWSKI 5008 BRITTONFIELD PKWY, EAST SYRACUSE, NY 13057 (315) 449-3800 (phone) (315) 449-0558 (fax) BALASUBRAMANIAM SIVAKUMAR 5100 W TAFT RD STE 2E, LIVERPOOL, NY 13088 (315) 634-3399 (phone) (315) 634-3481 (fax) Chief Complaint: difficulty swallowing History of Present Illness: patient with history of swallowiñg. She is a pleasant female status post paraesophageal hernia repair also history of • fundoplication. swallowing. She has had extensive She does have a J-tube surgical intervention and has been stuck with weight in place she takes Jevity and has increased loss and difficulty her tube feedings and her weight is up from lasting seen. Due to her history of difficulty swa!!owing repeat upper éñd090py revealing biliary fluid in her fundus. Her fundoplication was intact. She did have a mild essphageal stricture.patient did have empiric dilation with persistent symptoms. She also has difficulty sw± with liquids. Her local surgeon is sending her to Strong Memorial Hospital for second opinion next week. She has had prêvicus gastric intake study that was normal. she is unable to take Reglan because she takes Abilify. She also has an allergy to erythicrñycin. Past Medical History Medical Conditions: Acid Reflux Anemia Depression Fibrocystic breast disease HIatal hernia Hyperllpidemia Low Back Pain (chronic) Migraines Surgical Procedures: Ventral Hernia Repair, 6/25/2013 Bowel obstruction, 2013 Gallbladder removed, 1973 C-Section, 1978,1982 child birth, 1978,1982 J tube, 06-2013 esophageal digitation, 03-2013 Hiatal Hernia Repair, 01-17-2013 Torn Retina ACL Graft Dx Studies: Barium swallow, 2-26-13 Colonoscopy, 06-20127 Faxed on 2/6/2014 MARLENE CLAPS,94018FILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692 From Syracuse Gastro Thu Feb 6 15:49:13 2014 Page 3 of 4NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 CT Abdomen, Chest, 3-28-13 CT Scan, 2012,2013 • EGD, 01/28/2014, Stenosls In the gastroesophageal junction. (Dilation), Fluid in the fundus and Previous. Surgery in the cardla EGD, 04/16/2013, Food In the lncisura of the stomach and Hlatal Hernia Fecal Hemoccult Slides, 2012 Flexible Sigmoidoscopy, 10/12 Panendoscopy, 3-5-13 Sonogram, 03-2013 Upper GI Serles, 06-2012,03-2013 Medications: Abilify 2 mg Take 1 tablet by mouth once a day bupropion HCI 300 mg Take 1 tablet by mouth every morning Carafate 100 mg/ml l0ML PO Four times daily lamotrigine 200 mg Take 1 tablet by mouth once a day melatonin 5 mg 1/2 TAB PO AS NEEDED multivitamin with minerals 1 TAB PO DAILY omeprazole 40 mg 1 tab bid oxycodone 5 mg AS NEEDED sertraline 100 mg Take 2 tablet by mouth once a day Allergies: Erythromycln - MIid - hives Penlcllllns - MIid - hives Social History Alcohol: None Tobacco: Never smoker Drug: None Exercise: None Caffeine: None Marital Status: Married Occupation: Disability • Family History No history of Colitis, Colon Polyps, Gastrointestinal Cancer First Cousin: Diagnosed with COLON CA; First Cousin: Diagnosed with COLON CA; Paternal Grandfather: Diagnosed with Abdominal Cancer; Mother: Deceased; at age 50; Diagnosed with LUNG CANCER; Uncle: Deceased; Diagnosed with COLON CA; Maternal Grandmother: Deceased; Diagnosed with COLON CA; Other: Deceased; Diagnosed with Abdominal Cancer, COLON CA; Father: Deceased; at age 73; Diagnosed with STROKE (CVA); Review Of Systems: Allergic/Immunologic: Denies HIV exposure, persistent infections, strong allergic reactions or urticaria. Cardiovascular: Denies chest pain, dyspnea with exercise, irregular heart beat, orthopnea, palpitations, peripheral edema, syncope. · Constitutional: Denies fatigue, fever,. loss of appetite, malaise, sweats, weight gain, weight loss. ENMT: Complains of difficulty swallowing, sore throat. Denies dizziness, double vision, ear pain, loss of vision, nasal obstruction, nose bleeds, photophobia. Endocrine: Denies excessive thirst, hair loss, heat intolerance, thyroid disease. Gastrointestinal: Denies abdominal pain, abdominal swelling, change in bowel habits, constipation, diarrhea, gas, heartburn, jaundice, nausea, rectal bleeding, stomach cramps, vomiting. Genitourinary: Denies dark urine, decrease In urine flow, dysurla, frequent urinary Infections, frequent urination, hematurla, nocturia, urethral discharge or Incontinence. Hematologic/Lymphatic: Denies bleeding gums or palpable lymph nodes, easy bruising, prolonged bleeding. Integumentary: Denies allergies, dryness, hives, i_tching, jaundice, lesions, rashes. Musculoskeletal: Denies arthritis, back pain, gout, joint deformity, joint pain, muscle weakness, stiffness. Neurological: Denies dizziness, fainting, frequent headaches, migraine, numbness or tingling, seizures, tremors, vertigo. Psychiatric: Denies anxiety, depression, difficulty sleeping, hallucinations, nervousness, panic attacks, • paranoia . Faxed on 2/6/2014 MARLENE CLAPS, 94018, 11952FILED: From ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692 Syracuse Gastro Thu Feb 6 15:49:13 2014 Page 4 of 4NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 Respiratory: Denies asthma, cough, dyspnea, excessive sputum, hemoptisis, shortness of breath with exercise, wheezing. • Vital Signs: BP Pulse Weight (lbs/oz) Height (ft/in) BMI (mmHg) (ppm) 108/64 68 131 / 5/2 23.96 Physical Exam: Constitutional: Appearance: well developed, well nourished, normal habitus, in no acute distress. Skin: Inspection: no rashes, ulcers, icterus or other lesions, no clubbing or telangiectasias. Head/face: Inspection: Normal. ENMT: . .. ··-··- -··-·--·- - -··-· - - - - - - - - - - - - External: normal external inspection of ears and nose. Lips/teeth/gums: normal. Neck: Examination: normal motion, central trachea. Jugular veins: normal. ,Extremities: Digits/Nails: no cyanosis, no clubbing. Inspection: no edema. Psychiatric: Judgment/insight: within normal limits. Memory: within normal limits for recent and remote events. Mood and affect: no evidence of depression, anxiety or agitation. Impression: DYSPHAGIA UNSP patient with difficulty swallowing even liquids at this point. She may benefit from a motility study of the esophagus. We'll await tardiothoracic surgeon in Rochester's opinion patient unable to take Reglan or erythromycin. empirically trial of Levsin as needed for possibly spasm Esophageal stricture ABO DIST/BLOAT Plan: Levsin 0.125 mg 1 po q4hrs as needed Follow-up with Dr. Reedy in 5 weeks Risk & Medical Necessity: The patient.requires Low to Moderate Severity care for this visit.Diagnosis and management options are Limited.The amount of data reviewed and/or ordered is Limited.The level of risk is Low. Vincent Lococo, RPA-C Dennis W. Reedy, MD Electronically signed on 2/612014 3:47:31 PM by Vincent LoCoco, RPA-C Please Note: This document was electronically signed and dictated utilizing Dragon naturally speaking software. A reasonable attempt at proofreading has been made to minimize errors. Please call with any questions or corrections . • Faxed on 2/6/2014 MARLENE CLAPS, 94018, 1952FILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 • Patient: Marlene Claps DOB: 1952 Date: 2/5/14 History: Patient comes in for followup. She continues to gain weight. Her J tube is in place without any problem. She underwent a re-endoscopy that shows recurrence of a·small hiatal hernia . • Assessment: I discussed at length with the patient her course. I do not feel she qualifies for any surgical intervention at this time, as she had many issues with the previous attempted hiatal hernia repair. She still has cervical dysphagia. She will continue to nee_d dilatation. In my opinion she has done well enough not to attempt any further surgical procedure unless it becomes absolutely necessary. Plan: The patient will followup in six months. B. Sivakumar, M.D. cc: Michael Brodowski MD cc. Mark Kasowitz MD •FILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 2/28/2014 1:56 PM FROM: Fax TO: 9634-3481 PAGE: 001 OF 001 RECEIVED NYSCEF: 01/15/2021 301 Prospect Ave Syracuse, NY 13203 St. Josephs Hospital Health Center Medical Record Number: 1071388 - Account #: 3004014115 Deliver To: Patient: MARLENE M CLAPS THOMAS WATSON Patient Type: Outpatient a 601 ELMWOOD AVE BOX SURG ROCHESTER, NY, 14642 Gender: Female Date of Birth: 1952 Accession #: 2218564 Referred by: THOMAS JACK WATSON ______________________________________________________ CC:MICHAEL J BRODOWSKI CC:B SlVAKUMAR Study Information: 00099 - NM GASTRIC EMPTYlNG (SOLID) Accession # 2218564 Study Date: 02/28/2014 10:08 Comparison: None Indication: dysphagia Intra-procedural medications: The patient received Technetium-99m Colloid - Oral - 1 - mCi - - vm By Mouth -1000 Technique: planar imaging. Findin;;:: The time activity curve was plotted after oral ingestian of a solid meal containing radionuclide. The T1 half for solid gastric emptying is 130 minutes. This is delayed compared to the normal range of 83+/-25 minutes. It is however significantly improved compared to the March 21, 2013 examination, T1 half = 274 minutes. IMPRESSION: Abñ0rmai delayêd T1 half for solid gastric emptying of 130 minutes. This is still uiyñiiioant improved compared the March 2013 examination. Dictating Radiologist: John Teixeira Fri Feb 28 13:55:08 EST 2014 Transcribed by: John Teixeira Fri Feb 28 13:55:08 EST 2014 Approved by: John Teixeira Fri Feb 28 13:55:08 EST 2014 • St. Joseph's is sponsored by the Sisters of St. Francis MARLENE M CLAPS 2218564FILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 UPSTATE SURGICAL GROUP, P.C. 5100 W. TAFT ROAD, SUITE 2E LIVERPOOL, NY 13088 (315)-634-3399 Summary of Todays Visit Marlene Claps March 5, 2014 Visit with POPILEVSKAYA, YANA RPA-C Problem List Hernia Ventral lncisional (553.21) Stomach And Duodenum Disorder Other (537.89) Esophageal Reflux (530.81) Diarrhea (787.91) Pain Abdominal Generalized (789.07) · Allergies Penicillin; Erythromycin Medications Continue POPILEVSKAYA, YANA RPA-C Nexium : 40 mg, 1 by mouth every day • Reglan : 5 mg, 1 tab by mouth every 6 hours Zuplenz : 4 mg, 1 strip every 6 hours as need Prochlorperazine Maleate: 5 mg, 1 TAB by mouth Q6HR,PRN Carafate : 1 gm/10ml, 10cc by mouth three times a day Scopolamine Transdermal : 1.5mg, 1 patch q72 hours, Dexilant : 30 mg, 1 by mouth every day Sertraline HCL : 100 mg, 2 tab oral daily · Oxycodone HCL : 5 mg, 1-2 tablets orally every four hours as needed for pain Promethazine HCL : 12.5 mg, 1 by mouth every 6hr, as need Promethazine HCL : 12.5 mg, 1 tab by mouth q6hr,prn lidocaine HCL : , apply around the tube daily, as need Valium : 5 mg, 1 by mouth night before procedure and 1 tab by mouth 1 hour prior to procedure Wheelchair : , use as directed Bactrim DS : 800-160 mg, 1 by mouth twice a day x 10 Nystatin : 100000 UniUML, swish and swallow 4-6 mis 4 times a day Silvadene : 1 %, apply to affected area once a day and as needed Diflucan : 200 mg, 1 by mouth x 10 days Abdominal Binder/Elastic/Medium : , use as directed Bupropion HCL : 100 mg, 1 pills oral or jtube daily Ventolin HFA: 108 (90 Base) mcg/Act, 1 puff three times a day as need Phenergan : 25 mg, 1 tab by mouth every 6 hours for nausea Zofran : 8 mg, 1 tab sl every 6hrs, as need ROBERTSON,MYA,FNP Lortab : 5-500 mg, 1-2 by mouth every 4 hours for pain as needed Flexeril : 5 mg, 1 by mouth tid,prn Wellbutrin SR : 150 mg, 1 tab oral daily • B. Sivakumar,M.D. Prevacid : 30 mg, 1 in evening via jtube Abilify : 2 mg, 1 in in the morning via jtubeFILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 • Unspecified Prescriber Abilify Sentradine : 150 mg Bupropion HCL Lamotrigine ER : 200 mg Omeprazole Crestor : 20 mg Calcium+ D Multivitamin Acidophilus Pearls Zolpidem Tartrate ER: 12.5 mg Tylenol: 325 mg Future Appointments 08/06/14 Wed 12:10p Loe: 2 Sivakumar,Balasubramaniam,MD Loe: 2 . LIVERPOOL - NORTH MEDICAL CENTER UPSTATE SURGICAL GROUP 5100 W. TAFT RD STE 2E LIVERPOOL, NY 13088-4885 Phone: (315)-634-3399 Fax: (315)-634-3481 Ins. Todays Options • Aware We DO Not Par •FILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 • Patient: Marlene Claps DOB: 1952 Date: 3/5/14 History: Patient presents for evaluation of a feeding tube for dysphagia and nausea. She will be seen by Dr. Watson in Rochester next week for further evaluation, but she is feeling some discomfort at the superior aspect of the J tube. She is tolerating tube feedings . • Physical Examination: The J tube is in place. There is mild erythema superior to the J tube but I am wondering how it is positioned and whether the fold of her skin is what is irritating that area. I deflated the balloon and reinflated it with 1.5 cc. of fluid and it flushed very well, no extravasation is noted. Patient tolerated this well. Plan: Will try to obtain a 5.0 length of a tube to see if that would help. I am not sure whether the discomfort she is feeling is of the tube being pulled it, whether the balloon pops out into the abdominal wall. I see no abscess or collection at this time. •·FILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 Marlene Claps DOB 1952 Page #2 • Patient will be seen by Dr. Watson in Rochester. She will call with any questions or concerns. Yana Popilevskaya RPAC cc.Dr.Brodowski • •FILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 • 5/12/2014 RE: Marlene Claps DOB: /1952 MRN: 2428025_ Dear Dr. Brodowski: l·~e!fqrrne_q]'_fapar9_tomy·wtth·totarga~tre!3tomy'::left.thoracot~my.wittiTrrtrathora~c~~Roax;en"Y7 [€soP-h~goj~jfjhostomy,-andrepl'3~!TI~Q.t'~a feedingJ~JIInc,,sl9my.tubeJoclay_oh·y~rpatienl,"CMarlene·Claps, C~t' Strqng:Mefu:o·ri_aLHospitaL The operation proceeded smoothly and she is currently on the-wayfo-the-- recovery room. ShouldaU'go well, I anticipate discharge home in approximately 10 days. I truly appreciate this opportunity to participate in her care. We will send a hospital summary upon discharge. Please feel free to contact _me should you need any additional information . • Sincerely, Thomas J. Watson, MD, FACS Chief, Division of Thoracic and Foregut Surgery University of Rochester School of Medicine and Dentistry Phone: 585-275-1509 FAX: 585-273-1011 Pager. 585-220-0039 E-mail: thomas_watson@urmc.rochester.edu CC: Recipients MiCHAEL BRODOWSKI Vanessa R Gibson Balasubramar,iam SivakumarFILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 • UR MEDICINE MEDJClNE of THE, H1CH£ST On0ER STRONG MEMORIAL HOSPITAL (V) 601 Elmwood Avenue Rochester NY 14642 Marlene Claps's Discharge Plan/ After Visit Summary Age: 62 y.o. MRN: 2428025 Admitted on: 5/12/2014 Discharged on: Visit Number 369664016 PLEASE TAKE THIS FORM TO YOUR FOLLOW-UP APPOINTMENT WITH YOUR DOCTOR. This discharge pl~n has been designed to give you information that you will need to care for yourself after you leave the hospitai. • An up-to-date medication list is very important to your safe care. Bring your list to all healthcare appointments. Carry it with you at all times in case of emergency. Update your list whenever you start a new medication, change the dose of a current medication, or stop a prior medication. Remember to include over- the-counter medications and supplements such as vitamins and herbs. About your hospitalization The unit you fast received care on: PACU Unit phone nun·1ber: 585-275-2926 Why you were hospitallzed Your prirna,y diagnosis was: Not on File Your diasn1lses also included; SIP Gastrectomy Oischarg~ Instructions None You aro allergic to the following Alle1Jjen Reactions Morphine Other (See Comments) Does noi work Scopolarnine Other {See Comments) hallucinations Erythromycin Hives Pen (Penicillins) Hives The following eersonal items were collected during your a~mission and were returnod to you: · · · · .~ost Recent Value · Patient 8eton91!1Q!~------...;_-----~-------~-'.":--------- • Den·tures · · ·-------- --.......,___-._ None [porclien veneers tof) and bottom front) . __H_!~g A~_Q.ochle.!!r.Jm,P:.,.:la:.:.n::.t_ _ _. ,_N~o,. n:.:::e_ _ _ _ _ _ _ _ _ _ __ . ---- • Jewelry_______ ~lothin9, --''-----N;.;;;co_ne"--_ ____________ Fa_m_il¥,_ _•··········-·•······-··••··········-··· _ _ _ _ ___ -·_-·· __ -----· ___ ___ _ _ _ _ _ _ _ _ _ Other Valuables NoneFILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 Ciaps, Marlene (MR# 2428025 I Visit# 369664016) Printed Page 2 of4 [7217] at 5/12/14 9:54 PM • The following personal items wore coUected during your admission and were returned to ~ou: (continued) · · · ·· ·. : Most Recent Value . .. · · •...;.....Prosthesis/Assistlve Devices . None · ·-------·-~--···•---··-~-- Valuables Given To - .!:!!n!!Y --- Responsl~on(s) in the waiting· -· [oeU 315-882-104/315-682-4389 vincent/david bro 3157516288) room? ___________ • Cashie(sOffice- No ----- - - - - - - - - - - - - - - - - - - -- ~· • ·•FILED: ONONDAGA COUNTY CLERK 01/15/2021 12:23 PM INDEX NO. 2015EF3692NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 01/15/2021 Claps, Marlene {MR# 2428025 / Visit# 389664016) Printed Page 3 of 4 [7217] at 5/12/14 9:54 PM • Take only the medications listed below: Check with your doctor if you think this list is not complete or correct Medication List ASK your doctor about these medications .
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(2008) 160 Cal.App.4th 388, 406407 [holding that [a]n EMT's operation of an ambulance qualifies as professional negligence when the EMT is rendering services for which he or she is licensed or when a claim for damages is directly related to the provision of ambulance services by the EMT].) Defendant argues that the act or omission forming the basis of Plaintiffs NIED claim is alleged professional negligence. Therefore, Plaintiffs NIED claim is untimely because the alleged injury-producing event occurred on January 27, 2022, and the lawsuit was filed five months too late on June 26, 2023. In opposition, Plaintiff argues that the applicable statute of limitations is provided by Code of Civil Procedure section 335.1, which provides for a 2-year period to assert claims arising from personal injury. Plaintiff also argues that her NIED claim does not arise out of professional negligence because Defendant was not providing medical services to her. However, section 340.5 is not limited to injuries or death inflicted on a patient but can be applied to injuries suffered by a third parties due to the health providers professional negligence. (Arroyo v. Plosay (225 CalApp.4th 279, 298.) In fact, in Lopez v. American Medical Response West (2023) 89 Cal.App.5th 336, 347, the court of appeal found that section 340.5 applied to two plaintiffs claims against a paramedic who allegedly negligently operated an ambulance, even though only one of the plaintiffs was being transported as a patient. Here, Plaintiff alleges that she suffered emotional distress while witnessing Defendants negligent medical treatment of Decedent. Therefore, professional negligence forms the basis for Plaintiffs NIED claim and the one-year statute of limitations applies. 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Aug 27, 2024 |24STCV07187
Case Number: 24STCV07187 Hearing Date: August 27, 2024 Dept: 78 Superior Court of California County of Los Angeles Department 78 ¿ KAMIL AL-AHDALI, et al., Plaintiff(s), vs. TURO, INC., et al., Defendant(s). Case No.: 24STCV07187 Hearing Date: August 27, 2024 [TENTATIVE] ORDER OVERRULING DEMURRER TO COMPLAINT I. BACKGROUND Plaintiffs Kamil Al-Ahdali and Krubale Mulugeta (collectively Plaintiffs) filed this action against defendants Turo, Inc. (Turo), Karem Doe, and Does 1 to 50 for damages arising from a motor vehicle incident occurring on April 28, 2022 near Highland Ave. and Fountain Ave. in Los Angeles, CA 90028. The complaint sets forth two causes of action for motor vehicle and general negligence. Defendant Turo now demurs to each cause of action of Plaintiffs complaint. Plaintiffs oppose the motion, and Turo filed a reply. II. PROCEDURAL REQUIREMENT Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.¿ (CCP § 430.41(a).)¿¿¿ Turos counsel declares that he attempted to meet and confer with Plaintiffs counsel without success. (Thacker Decl. ¶¶ 2-4.) The Court finds Turo has fulfilled this requirement prior to filing the demurrer. III. LEGAL STANDARD A demurrer is a pleading used to test the legal sufficiency of other pleadings.¿ It raises issues of law, not fact, regarding the form or content of the opposing party's pleading (complaint, answer or cross-complaint).¿(CCP §§ 422.10, 589; see Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purposes of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true. (Id. at 994.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian, supra, 116 Cal.App.4th at 994.)¿No other extrinsic evidence can be considered.¿(Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881 [error for court to consider facts asserted in memorandum supporting demurrer]; see also Afuso v. United States Fid. & Guar. Co. (1985) 169 Cal.App.3d 859, 862 [disapproved on other grounds in Moradi-Shalal v. Firemans Fund Ins. Cos. (1988) 46 Cal.3d 287] [error to consider contents of release not part of court record].) IV. DISCUSSION Turo argues that Plaintiffs claim they were harmed because Turo gave defendant Karem Doe permission to operate the vehicle. Turo argues that Plaintiffs cannot allege any facts showing how Turo would be liable, because it is a peer-to-peer sharing platform and was not the owner of the vehicle and it did not employ any parties to the action. On a demurrer, the Court is limited to the face of the pleadings. Turo contests the truth of the allegations with facts, which does not go towards defects on the face of the pleading. The function of a demurrer is to test the legal sufficiency of a complaint, not the truthfulness of the allegations, and the facts as pled are assumed to be true. (Donabedian, supra, 116 Cal.App.4th at 994.) The Court will not consider Turos extrinsic evidence or arguments that the allegations are speculative at the pleading stage, as it is beyond the scope of a demurrer. (Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1144 [[D]efendants cannot set forth allegations of fact in their demurrers which, if true, would defeat plaintiff's complaint.].) In terms of Turos arguments that the complaint is ambiguous, unintelligible, and therefore subject to a special demurrer for uncertainty, "A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."¿(Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) "A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond i.e., he or she cannot reasonable determine what issues must be admitted or denied, or what counts or claims are directed against him or her."¿(Weil & Brown, Civil Procedure Before Trial (The Rutter Group) § 7:85 (emphasis in original).) Here, the first cause of action for motor vehicle negligence alleges that on April 29, 2022 at or near Highland Ave./Fountain Ave., in Los Angeles, Karem Doe operated a motor vehicle that was owned and operated with the permission of Turo. (Compl. p. 6.) The complaint further alleges that Turo entrusted the vehicle to Karem Doe, and that Karem Doe was the agent and employee. (Ibid.) The second cause of action for general negligence against all defendants alleges that on April 28, 2022, Karem Doe operated his motor vehicle and exited an alleyway onto Fountain Ave. without caution, such that he violently collided into Plaintiffs vehicle. (Id. p. 7.) Plaintiffs allege that each defendant is the owner of the vehicle, and negligently entrusted the vehicle to the driver, and that each defendant was careless and negligent. (Ibid.) Plaintiffs use of a form complaint and the allegations contained therein are not so vague that Turo is unaware of the basis for liability claimed against it arising from this motor vehicle incident. Any ambiguities can be clarified during discovery. V. CONCLUSION Turos demurrer to the complaint is OVERRULED. Moving Party is ordered to give notice. DATED: August 26, 2024 __________________________ Hon. Michelle C. Kim Judge of the Superior Court PLEASE TAKE NOTICE: " Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. " If a party intends to submit on this tentative ruling, the party must send an email to the court at SMCDEPT78@lacourt.org with the Subject line SUBMIT followed by the case number. The body of the email must include the hearing date and time, counsels contact information, and the identity of the party submitting. " Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue. " If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.
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Cecilia Jimenez vs Orlando Alvarez Orozco
Aug 28, 2024 |16CECG03729
Re: Cecilia Jimenez v. Orlando Alvarez Orozco Superior Court Case No. 16CECG03729Hearing Date: August 28, 2024 (Dept. 503)Motion: By Plaintiff for Default JudgmentTentative Ruling: To deny, without prejudice.Explanation: It appears that plaintiff’s declaration attempts to support her requested $100,015in damages on the basis of the “mental and psychological distress” she “endured” … “foran extremely long time.” (Jimenez, ¶ 7.) To the extent such damages are evenrecoverable (see Krouse v. Graham (1977) 19 Cal.3d 59, 69 [“a wrongful death recoverymay not include such elements as the grief or sorrow attendant upon the death of aloved one ….]), plaintiff’s declaration fails to describe with any precision the pecuniarylosses she allegedly incurred. These defects are similar to those identified in plaintiff’s request for defaultjudgment by declaration denied on January 25, 2023. In essence, despite defendant’sdefault, the proposed judgment must nevertheless be supported by sufficient evidenceto equip the court to arrive at a fair award. (Code Civ. Proc., § 585, subd. (b); Civ. Code,§ 3283; Taliaferro v. Hoogs (1963) 219 Cal.App.2d 559, 600.) The current judgmentapplication, like the one before it, fails to include sufficient evidence or description of thealleged damages. In addition, the current request continues to seek a costs award whichincludes unallowable “Witness Statement and Investigation” costs. (Code Civ. Proc., §1033.5, subd. (b)(2).) Accordingly, the court intends to deny the current application. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Proceduresection 1019.5, subdivision (a), no further written order is necessary. The minute orderadopting this tentative ruling will serve as the order of the court and service by the clerkwill constitute notice of the order.Tentative RulingIssued By: jyh on 8/26/24 . (Judge’s initials) (Date)
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ZHIWEI CHEN VS VERIZON WIRELESS SERVICES, LLC
Aug 26, 2024 |23AHCV01967
Case Number: 23AHCV01967 Hearing Date: August 26, 2024 Dept: X Tentative Ruling Judge Joel L. Lofton, Department X HEARING DATE: August 26, 2024 TRIAL DATE: No date set. CASE: ZHIWEI CHEN vs VERIZON WIRELESS SERVICES, LLC CASE NO.: 23AHCV01967 MOTION TO RECUSE JUDGE MOVING PARTY: Plaintiff Zhiwei Chen RESPONDING PARTY: N/A SERVICE: Filed July 18, 2024 OPPOSITION: None filed. REPLY: None filed. RELIEF REQUESTED Plaintiff moves to recuse Hon. Joel L. Lofton from this case. BACKGROUND This is a personal injury action arising from a semi-truck-versus-automobile accident on June 16, 2023. The complaint alleges Defendant Komilov operated a semi-truck at an unsafe speed, and entered Plaintiffs lane unsafely, and as a result collided with Plaintiffs vehicle which caused significant and debilitating injuries to Plaintiff. TENTATIVE RULING Plaintiffs motion to recuse Hon. Joel L. Lofton from this case is DENIED. LEGAL STANDARD California Code of Civil Procedure Section 170.6 allows a party who timely files an affidavit of prejudice to disqualify a judge without any showing of cause. The affidavit of prejudice is not contestable and the disqualification of the judge is automatic. (Code Civ. Proc. §170.6(a)) However, only one such peremptory challenge is allowed per side. (Code Civ. Proc. § 170.6(a)(3).) Note a peremptory challenge under section 170.6 is not the same as a motion to disqualify a judge by a party or an attorney, i.e., a challenge for cause, under section 170.1. A section 170.6 challenge must be timely. (Grant v. Sup. Ct. (2001) 90 Cal.App.4th 518, 527.) The general rule is that disqualification of the judge is permitted any time prior to the commencement of trial. (People v. Sup. Ct. (1993) 4 Cal.4th 1164, 1171.) A judge . . . of a superior court of the State of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge . . . is prejudiced against a party or attorney or the interest of party or attorney appearing in the action or proceeding. (Code Civ. Proc., § 170.6, subd. (a)(1).) A party to . . . an action or proceeding may establish this prejudice by an oral or written motion without prior notice supported by affidavit or declaration under penalty of perjury, or an oral statement under oath, that the judge . . . before whom the action or proceeding is pending, or to whom it is assigned, is prejudice against a party . . . or the interest of the party . . . so that the party . . . cannot, or believes that he or she cannot, have a fair and impartial trial or hearing before the judge . . . . (Code Civ. Proc., § 170.6, subd. (a)(2).) A judge must be disqualified if [a] person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial. (Code Civ. Proc., § 170.1, subd. (a)(6)(A)(iii).) Code of Civil Procedure section 170.3(c)(1) provides that if a judge who should disqualify himself fails to do so, any party may file with the clerk a written verified statement objecting to the hearing or trial before the judge and setting forth the facts constituting the grounds for disqualification of the judge. The statement shall be presented at the earliest practicable opportunity after discovery of the facts constituting the grounds for disqualification. Copies of the statement shall be served on each party or his or her attorney who has appeared and shall be personally served on the judge alleged to be disqualified, or on his clerk, provided that the judge is present in the courthouse or in chambers. (Code Civ. Proc., § 170.3(c)(1).) When no answer is filed in response to a statement of disqualification, the facts set out in the statement are taken as true. (Urias v. Harris Farms, Inc. (1991) 234 Cal.App.3d 415, 424.) If the statement is untimely filed or on its face discloses no legal grounds for disqualification, the judge against whom it is filed may strike it within 10 days after filing or service, whichever is later. (Code Civ. Proc., §170.4(b)-(c).) Orders issued by a disqualified judge are void. (Hayward v. Superior Court (2016) 2 Cal.App.5th 10, 42.) DISCUSSION As a preliminary matter, there is no proof of service establishing that Plaintiff served the motion on Defendants. While the best practice is to file the Proof of Service with the moving papers, at a minimum it must be filed no later than five court days before the time appointed for the hearing. (Cal. R. Ct. 3.1300(c).) Given the August 26 hearing date, the Proof of Service was required to be filed by August 19, 2024. The Courts records do not show the filing of the Proof of Service as of the time this tentative ruling was prepared. Therefore, due to a failure to comply with Code of Civil Procedure section 1005, the motion is properly DENIED. After a further consideration of the merits, the Court finds Plaintiffs purported disqualification motion contains a series of fatal procedural and substantive defects, including: (1) filing a motion that is not personally served on the judge; (2) seeking disqualification based merely on speculation that the judge has somehow obtained benefits from the other party and that the judge is trying to protect Verizons alleged illegal behavior (which are untrue); and (3) failing to allege any facts constituting cognizable grounds for how the judge believes his [ ] recusal would further the interest of justice pursuant to Section 170.1(a)(6)(A)(i), or how any person might reasonably entertain a doubt that the judge would be impartial pursuant to Section 170.1(a)(6)(A)(iii). In his declaration in support of the motion to recuse, Plaintiff Chen declares that he found that the judge at the hearing on May 16, 2024: (1) failed to comply with Rule Cal. R. Ct. Canon 1-3 etc.; (2) supported obstruction of justice, perjury, or filing of a false document; and (3) displayed obvious bias towards Plaintiff. (Chen Decl. ¶¶ 1-3.) Plaintiff further states that Defendant Verizons behavior violated the criminal law, the judge failed to perform his obligations, and the judges behavior tacitly supported this violation. (Chen Decl.) Plaintiff states that he believes that he has reason to believe the judge obtained benefits from the other party and that he would not have a fair and impartial trial. (Chen Decl.) Plaintiff believes he cannot have a fair and impartial trial in this courtroom. Here, the Court finds the motion lacks merit. The burden of proof is on the party seeking disqualification. (Betz v. Pankow (1993) 16 Cal.App.4th 919, 926.) Speculation, unsupported conclusions and inadmissible evidence cannot justify a finding of bias which must be clearly established. (See Gray v. City of Gustine (1990) 224 Cal.App.3d 621, 631; United Farm Workers of America, AFL-CIO v. Superior Court (1985) 170 Cal.App.3d 97.) Statutes authorizing disqualification must be applied with restraint. (McClenny v. Superior Court (1964) 60 Cal.2d 677, 680.) Plaintiff takes issue with Judge Loftons ruling on his first motion for recusal, filed May 21, 2024, which held the Court cannot grant the instant motion because the notice of motion is procedurally deficient. The notice of motion does not state the location of the hearing on the instant motion. (Cal. Rules of Court, Rule 3.1110(b)(1).) 6/24/24 Minute Order. Plaintiffs declaration states the judge is trying his best to protect the defendants illegal behavior. (Chen Decl.) Plaintiff has failed to explain or offer any authority suggesting how Judge Loftons consideration of a procedural deficiency in Plaintiffs May 21, 2024 recusal motion reflects bias. Plaintiff insists that the Tentative Rulings reflect bias. But rulings, even erroneous ones, are not a basis for disqualification. See Code Civ. Proc. § 170.2(b); Dietrich v. Litton Industries, Inc. (1970) 12 Cal.App.3d 704, 719; People v. Guerra (2006) 37 Cal.4th 1067, 1112.) None of Judge Loftons actions in the case suggest bias pursuant to Code of Civil Procedure section 170.1(a)(6)(A)(i)-(iii). Plaintiffs speculation is irrelevant. See United Farm Workers, supra, 170 Cal.App.3d at 104 (the litigants necessarily partisan views [do] not provide the applicable frame of reference.) A personal attack on a judge and criticism of his ruling do not necessarily bias the judge and disqualify him. See Ungar v. Sarafite (1964) 376 U.S. 575, 583. As it does not appear Defendant was provided with notice, the motion is denied. Even if the court were to rule on the merits of the motion, it would be denied. CONCLUSION Plaintiffs motion is DENIED. Court to provide notice. Dated: August 26, 2024 ___________________________________ Joel L. Lofton Judge of the Superior Court Parties who intend to submit on this tentative must send an email to the court indicating their intention to submit. alhdeptx@lacourt.org
Document
Andrea Stagnari, Kenneth Stagnari v. W. Douglas Bunn Jr., Md, Gyn Oncology Of Central New York, P.C., Crouse Health Hospital, Inc., D/B/A Crouse Hospital
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Tiffany A. Pray , individually and as Co-Administratrix of Wayne G. Pray, deceased, Heather L. Pray , individually and as Co-Administratrix of Wayne G. Pray, deceased v. Kayla Dueland-Kuhn , M.D., Kevin Gaskin , M.D., Sanjay Mahatma , M.D., Santiago Miro , M.D., Vikrant Tambe , M.D., Amy Patel , M.D., Ioana Amzuta , M.D., Michael Kosters , M.D.
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