What is loss of consortium?

Useful Resources for Loss of Consortium

Rulings on Loss of Consortium

101-125 of 1697 results

INGER BUDKE ET AL VS HOUSING AUTHORITY OF SANTA BARBARA ETC

There is no possibility that plaintiffs could amend William’s loss of consortium cause of action. Therefore, the court will sustain the demurrer to William Budke’s fifth cause of action for loss of consortium, without leave to amend. Inger’s claim for loss of consortium arises out of Williams’ injuries. He is not HASB’s employee and his injuries are not compensable under the Act. Therefore, the exclusivity rule does not bar her claim for loss of consortium.

  • Hearing

    Jun 25, 2012

SCHOTZ VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

Accordingly, the demurrer to the 6th cause of action is sustained. 7th Cause of Action for Loss of Consortium Defendants argue that Leslie's loss of consortium claim accrued when Gary was discharged on October 10, 2016 and is barred by the one-year statute of limitations. Meighan v. Shore (1995) 34 Cal.App.4th 1025, 1034. Defendants also note that the statute is not tolled during the pendency of Gary's personal injury claim. Id.

  • Hearing

    Oct 11, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

SCHOTZ VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

Accordingly, the demurrer to the 6th cause of action is sustained. 7th Cause of Action for Loss of Consortium Defendants argue that Leslie's loss of consortium claim accrued when Gary was discharged on October 10, 2016 and is barred by the one-year statute of limitations. Meighan v. Shore (1995) 34 Cal.App.4th 1025, 1034. Defendants also note that the statute is not tolled during the pendency of Gary's personal injury claim. Id.

  • Hearing

    Oct 11, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

THOMAS METCALF ET AL VS. PARKER-HANNIFIN CORPORATION

s motion for summary judgment is denied and its alternate motion for summary adjudication is denied as to all issues (negligence, strict liability, false representation and loss of consortium). As to negligence, strict liability and loss of consortium, Mr. Metcalf?s deposition testimony and declaration create a triable issue whether he was exposed to asbestos-containing products or materials (gaskets) attributable to defendant.

  • Hearing

    Nov 03, 2011

  • Judge

    PANG LY

  • County

    San Francisco County, CA

PODESTA V. MISSION MEDICAL CENTER

Further, a spouse's claim for loss of consortium is unquestionably derivative of, and dependent on, the injured spouse’s claim. (LeFiell Mfg. Co. v. Superior Court (2012) 55 Cal. 4th 275, 284.) Here, Defendant has met its initial burden of establishing his compliance with the requisite standard of care by way of the expert Declaration of Richard Mansour, M.D. Without a triable issue of fact as to negligence, the loss of consortium cause of action fails as well. Dr.

  • Hearing

    Dec 21, 2020

JOHANA HERNANDEZ VS JOAQUIN LOPEZ ET AL

As such, Alberts has met his burden in providing evidence that Plaintiffs cannot establish a claim for Professional Negligence and Loss of Consortium against him. None of Alberts’s evidence is opposed since Plaintiffs have failed to file a written opposition to the present motion. For the foregoing reasons, Alberts’s motion for summary judgment is granted. Alberts is ordered to lodge with the Court and serve on Plaintiffs a proposed judgment within twenty days.

  • Hearing

    Feb 28, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

HOBENSACK V. AKERS

Though there has arguably been some delay in bringing the motion, the court can find no prejudice for defendant as plaintiff has made it clear from the outset that she was seeking damages for loss of consortium, and defendant has had ample time to conduct discovery on her claim. Even assuming that defendant needs to ask more questions about the loss of consortium claim, plaintiff has offered to appear for another brief deposition.

  • Hearing

    Jan 18, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANINE TAVOULARIS, ET AL. VS TORRANCE MEMORIAL HOSPITAL

Defendant also asks the Court to strike the prayer for a loss of consortium and punitive damages from the complaint.

  • Hearing

    Feb 11, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

LUZ CHAN ET AL VS CONCENTRA MEDICAL CENTER ET AL

Plaintiff Gilberto Chan brings a claim for Loss of Consortium related to Plaintiff’s injuries. Defendants have presented expert medical evidence demonstrating that no acts by Defendants caused, contributed to, or was a substantial factor in Plaintiff’s claimed injuries and the death of Plaintiff’s child. (Declaration of Stephen Alan Hebert, M.D. ¶ 7.)

  • Hearing

    Feb 15, 2017

YANG VS UCSD MEDICAL CENTER

Based on the failure of evidence to support the first two substantive causes of action, the derivative claim for Loss of Consortium of JUNJIE CUI, also fails.

  • Hearing

    Aug 15, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JOSEPH MICHAEL ARNOLD ET AL VS W LOS ANGELES-WEST BEVERLY HI

Plaintiffs’ loss of consortium cause of action fails because the causes of action of negligence and premises liability fail. When a loss of consortium claim is derivative of the main causes of action and when those causes of action have been granted summary judgment. See Montague v. AMN Healthcare, Inc., (2014) 223 Cal. App. 4th 1515, 1526 (holding that the loss of consortium claim fails when it is derivative of the main causes of action). Moving party is ordered to give notice.

  • Hearing

    Feb 02, 2018

RICHARD LIEBSCHER VS. SIMI VALLEY HOSPITAL

Plaintiff Sylvia Liebscher's cause of action for loss of consortium is "derivative of and dependent on her husband's negligence action ...." ( See Calatayud v. State of California (1998) 18 Cal.4th 1057, 1060, fn. 4.) Since Defendant Dr. Yan's sole argument is that the loss of consortium claim fails because the underlying medical negligence claim fails, the triable issues of fact with respect to the medical negligence claim preclude summary judgment on the loss of consortium claim. 6.

  • Hearing

    Jun 24, 2010

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

OCTAVIO ENCISO ET AL VS ELIZABETH UP DE GRAFF ET AL

Defendant Thaddeus therefore negates an essential element and factual allegation in Plaintiffs’ negligent entrustment and loss of consortium claim. Plaintiffs filed no opposition.

  • Hearing

    Jan 10, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

JANINE TAVOULARIS, ET AL. VS TORRANCE MEMORIAL HOSPITAL

Defendant also asks the Court to strike the prayer for a loss of consortium and punitive damages from the complaint.

  • Hearing

    Jan 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

  • County

    Los Angeles County, CA

MARIAM SALOOMEN ET AL VS MEHRDAD K ARIANI M D ET AL

As such, Alberts has met his burden in providing evidence that Plaintiffs cannot establish a claim for Professional Negligence and Loss of Consortium against him. None of Alberts’s evidence is opposed since Plaintiffs have failed to file a written opposition to the present motion. For the foregoing reasons, Alberts’s motion for summary judgment is granted. Alberts is ordered to lodge with the Court and serve on Plaintiffs a proposed judgment within twenty days.

  • Hearing

    Feb 28, 2017

ROBERT FRITZ, ET AL. VS LOS ANGELES COUNTY BICYCLE COALITION, ET AL.

The court sustains LOS ANGELES COUNTY BICYCLE COALITION’s demurrer to the Loss of Consortium cause of action. “A cause of action for loss of consortium is, by its nature, dependent on the existence of a cause of action for tortious injury to a spouse.” (Hahn, supra, 147 Cal.App.4th at p. 746.) A cause of action for loss of consortium “stands or calls based on whether the spouse of the party alleging loss of consortium has suffered an actionable tortious injury.” (Id.)

  • Hearing

    Jan 14, 2021

BRIGHTBILL VS. UNIVERSITY OF CALIFORNIA BOARD OF REGENTS

The second amended complaint alleges two causes of action for medical negligence and loss of consortium against the moving defendant. The moving defendant submits the declaration of Andrew Wachtel, M.D., who is board-certified internal medicine, pulmonary medicine, and critical care medicine. Dr.

  • Hearing

    May 02, 2018

SCHOTZ VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

Thus, the motion to amend is denied with respect to the dependent abuse, IIED and loss of consortium claims. As noted, the Court did not preclude plaintiffs from seeking leave to allege additional facts to support the medical malpractice claims. Defendants argue the proposed TAC is a sham pleading that attempts to avoid the statute of limitations.

  • Hearing

    Jan 24, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

LYLES V. COMMUNITY MEDICAL CENTERS

Lyles’ loss of consortium claim is dependent on her husband’s negligence claim, and since defendant has presented expert evidence showing that plaintiff cannot prevail on his negligence claim, the loss of consortium also fails as a matter of law. (Blain v. Doctor’s Co. (1990) 222 Cal.App.3d 1048, 1067; where husband could not state a cause of action for tort, his wife also could not state a cause of action for loss of consortium.)

  • Hearing

    Jul 11, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

BEVERLY A FUHRMAN VS. VIJAY KUMAR M D

Specifically: (i) Plaintiff's third cause of action for loss of consortium seeks damages for loss of consortium based on Defendant's alleged negligent treatment and care of Plaintiff's wife, Beverly Fuhrman. (See, e.g., 2nd Amended Complaint, ¶¶17-23.) As such, Plaintiff's loss of consortium claim is dependent on the existence of a negligence claim by Beverly Fuhrman against Defendant Kumar. (See, e.g., Hahn v.

  • Hearing

    Jan 06, 2010

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

PETITION OF HAWKINS

Phillip Morris USA, Inc. (2010) 48 Cal.4th 788, 802-804 [“in a predeath common law action for loss of consortium, future damages are recoverable, including damages that might result from the impending premature death of the injured spouse”].) Petitioner to give notice.

  • Hearing

    Feb 16, 2018

BAILEY, ET AL VS. SHASTA REGIONAL MEDICAL

The only other cause of action alleged is for loss of consortium asserted by Plaintiff, Shauna Bailey. A loss of consortium claim is derivate of the spouses tort claim and stands or falls with it. See Blain v. Doctor’s Co. (1990) on the loss of consortium cause of action. The motion is GRANTED. A proposed order was lodged with the Court and will be executed.

  • Hearing

    Nov 04, 2019

SHARON DUNN ET AL VS. AMCHEM PRODUCTS, INC. ET AL

s special demurrer to the sixth cause of action (loss of consortium) is overruled. Plaintiffs? complaint sufficiently pleads a cause of action for loss of consortium and the authorities cited by defendant on that topic are inapplicable. If a hearing is requested, it will be at 10:15am, not 9:30am. A court reporter will not be provided by the court. If a court reporter is needed, the parties must meet and confer to agree on only one court reporter for any reported matter in this case.

  • Hearing

    Jan 04, 2012

ISABEL MARTINEZ VS OSCAR PEREZ M D INC ET AL

McAndrews’ claim for loss of consortium depends on the existence of her spouse’s cause of action for tortious injury. As Mr. McAndrews’ claim for negligence fails, so does the claim for loss of consortium. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 746. Moving party is ordered to give notice.

  • Hearing

    Jul 12, 2018

BAILEY, ET AL VS. SHASTA REGIONAL MEDICAL

The only other cause of action alleged is for loss of consortium asserted by Plaintiff, Shauna Bailey. A loss of consortium claim is derivate of the spouses tort claim and stands or falls with it. See Blain v. Doctor’s Co. (1990) on the loss of consortium cause of action. The motion is GRANTED. A proposed order was lodged with the Court and will be executed.

  • Hearing

    Nov 04, 2019

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