On January 24, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Mundy, James,
and
Bakersfield Memorial Hospital,
Dignity Community Care,
Peck, Eric, M.D.,
Tamer, Moussa, M.D.,
for 45-CV Medical Malpractice - Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Department 11
Date: 12/04/2020 BCV-20-100237
MUNDY VS BAKERSFIELD MEMORIAL HOSPITAL ET AL
Courtroom Staff
Honorable: David R. Lampe Clerk: Veronica D. Lancaster
Court reporter: . None Bailiff: Deputy Sheriff
PARTIES: Present:
PECK, ERIC, M.D. Defendant, Not Present THELEN, KEVIN E Attorney, Present
TAMER, MOUSSA, M.D. Defendant, Not Present GREGORIO, SHERRY M Attorney, Present via courtcall
Not Present:
MUNDY, JAMES Plaintiff ROWLEY, NICHOLAS CHARLES Attorney
BAKERSFIELD MEMORIAL HOSPITAL Defendant TROTTER, MICHAEL J Attorney
DIGNITY COMMUNITY CARE Defendant TROTTER, MICHAEL J Attorney
Patrick Logan appeared via courtcall on behalf of the plaintiff.
NATURE OF PROCEEDINGS: MOTION TO STRIKE AND DEMURER
Hearing Start Time: 8:30 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Tentative announced in open court.
Cause heard and submitted.
The Court makes the following findings and orders:
The Court denies Defendant Moussa Tamer's Demurrer to Plaintiff's Complaint. The Court grants the
accompanying Motion to Strike, which contests the viability of Plaintiff's second cause of action for general
negligence. Plaintiff has filed a Non-Opposition Defendant Tamer has ten (10) days to answer.
The Court will execute the proposed order lodged.
Copy of minutes mailed to all parties as stated on the attached certificate of mailing.
- Audio streaming announced.
FUTURE HEARINGS:
January 28, 2022 9:00 AM Mandatory Settlement Conference
Bakersfield Department 1
Friedman - Retired, Gary T.
February 28, 2022 9:00 AM Jury Trial/Final Case Management Conference
Lampe, David R.
Bakersfield Department 11
MINUTES FINALIZED BY: VERONICA LANCASTER ON: DECEMBER 04, 2020
MINUTES
Page 1 of 2
MUNDY VS BAKERSFIELD MEMORIAL HOSPITAL ET AL BCV-20-100237
MUNDY VS BAKERSFIELD MEMORIAL HOSPITAL ET AL
BCV-20-100237
CERTIFICATE OF MAILING
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated December 04, 2020 attached
hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: December 04, 2020
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: December 04, 2020
Signed: 12/4/2020 03:12 PM
By:
Veronica Lancaster, Deputy Clerk
MAILING LIST
NICHOLAS CHARLES ROWLEY MICHAEL J TROTTER
CARPENTER ZUCKERMAN & ROWLEY 111 WEST OCEAN BOULEVARD 14TH FLOOR
407 BRYANT CIRCLE LONG BEACH CA 90801
SUITE F
OJAI CA 93023
KEVIN E THELEN SHERRY M GREGORIO
LEBEAU THELEN LLP 100 NORTH FIRST STREET SUITE 300
PO BOX 12092 BURBANK CA 91502
BAKERSFIELD CA 93389-2092
Certificate of Mailing
Page 2 of 2
Document Filed Date
December 04, 2020
Case Filing Date
January 24, 2020
Category
45-CV Medical Malpractice - Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 11 Date: 12/04/2020 BCV-20-100237 MUNDY VS BAKERSFIELD MEMORIAL HOSPITAL ET AL Courtroom Staff Honorable: David R. Lampe Clerk: Veronica D. Lancaster Court reporter: . None Bailiff: Deputy Sheriff PARTIES: Present: PECK, ERIC, M.D. Defendant, Not Present THELEN, KEVIN E Attorney, Present TAMER, MOUSSA, M.D. Defendant, Not Present GREGORIO, SHERRY M Attorney, Present via courtcall Not Present: MUNDY, JAMES Plaintiff ROWLEY, NICHOLAS CHARLES Attorney BAKERSFIELD MEMORIAL HOSPITAL Defendant TROTTER, MICHAEL J Attorney DIGNITY COMMUNITY CARE Defendant TROTTER, MICHAEL J Attorney Patrick Logan appeared via courtcall on behalf of the plaintiff. NATURE OF PROCEEDINGS: MOTION TO STRIKE AND DEMURER Hearing Start Time: 8:30 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. Tentative announced in open court. Cause heard and submitted. The Court makes the following findings and orders: The Court denies Defendant Moussa Tamer's Demurrer to Plaintiff's Complaint. The Court grants the accompanying Motion to Strike, which contests the viability of Plaintiff's second cause of action for general negligence. Plaintiff has filed a Non-Opposition Defendant Tamer has ten (10) days to answer. The Court will execute the proposed order lodged. Copy of minutes mailed to all parties as stated on the attached certificate of mailing. - Audio streaming announced. FUTURE HEARINGS: January 28, 2022 9:00 AM Mandatory Settlement Conference Bakersfield Department 1 Friedman - Retired, Gary T. February 28, 2022 9:00 AM Jury Trial/Final Case Management Conference Lampe, David R. Bakersfield Department 11 MINUTES FINALIZED BY: VERONICA LANCASTER ON: DECEMBER 04, 2020 MINUTES Page 1 of 2 MUNDY VS BAKERSFIELD MEMORIAL HOSPITAL ET AL BCV-20-100237 MUNDY VS BAKERSFIELD MEMORIAL HOSPITAL ET AL BCV-20-100237 CERTIFICATE OF MAILING The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated December 04, 2020 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: December 04, 2020 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: December 04, 2020 Signed: 12/4/2020 03:12 PM By: Veronica Lancaster, Deputy Clerk MAILING LIST NICHOLAS CHARLES ROWLEY MICHAEL J TROTTER CARPENTER ZUCKERMAN & ROWLEY 111 WEST OCEAN BOULEVARD 14TH FLOOR 407 BRYANT CIRCLE LONG BEACH CA 90801 SUITE F OJAI CA 93023 KEVIN E THELEN SHERRY M GREGORIO LEBEAU THELEN LLP 100 NORTH FIRST STREET SUITE 300 PO BOX 12092 BURBANK CA 91502 BAKERSFIELD CA 93389-2092 Certificate of Mailing Page 2 of 2