KTF is thrilled to announce three of its law clerks passed the California State Bar on November 7th! We welcome new attorneys Robert Del Toro, Kosha Doshi, and Zhao (Luna) Liu to the firm!
Kelly, Trotter & Franzen is proud to announce Christina Batshoun has been promoted to partner. Christina began at the firm as an associate in 2020 with years of experience in medical malpractice and tax law. At Kelly, Trotter & Franzen, she has expanded her practice to include elder law and general liability. As an associate attorney at Kelly, Trotter & Franzen, she worked on complex matters representing physicians, nurses, hospitals, skilled nursing facilities, and residential care facilities for the elderly. Her zeal and work ethic is commendable and in direct correlation to the successful outcomes she obtained in her cases. As a partner, she will add her vast experience to an already deep bench of experienced trial lawyers eager to represent clients in all aspects of litigation, including trial. Kelly, Trotter & Franzen thanks and congratulates Christina for this achievement.
The Long Beach Ronald McDonald House is a “home away from home” for families with critically-ill children. The House provides a place to stay, a source of comfort and care, and a chance to focus all of their energies on the one thing that matters most of all: their child. Fulfilling this mission is possible because of the generosity and commitment of the community. Through gifts of time, talent and financial support, the Long Beach Ronald McDonald House is open 24 hours a day, 365 days a year, for the families of children facing critical, often life-threatening, illnesses.
On July 14 and July 24, 2025, Kelly, Trotter & Franzen sent over two crews to prepare, cook and serve dinner to the families staying at the house. Groceries were donated by the Firm. All the volunteers had a great time and look forward to preparing many more meals in the future!
Long Beach has changed a fair bit since the founders of Kelly, Trotter & Franzen first hung a shingle there in late August 1994.
“When we came down here, Long Beach was more Navy bars and tattoo parlors, and it was inexpensive,” recalled founding partner John C. Kelly. “It has grown tremendously. There are fabulous restaurants. Freeway access is very good. And while it’s not cheap, it’s a lot less expensive than say Century City.”
Kelly teamed up with close friends and colleagues Michael J. Trotter and Richard D. Carroll to launch the medical malpractice defense firm 30 years ago, hoping that a homebase in Long Beach would help them better serve clients in both Los Angeles and Orange counties.
Although Carroll left the firm a little over a year ago to tackle plaintiffs’ work, the three attorneys remain good friends, according to Trotter.
“He’s gone on to a new chapter with his professional career,” Trotter said. “But he’s our buddy . . . and we wish him well.”
Home these days to 40 attorneys, with an additional office in San Diego, Kelly, Trotter & Franzen has stayed true to its medical malpractice defense roots over the past three decades.
“We do some pharmaceutical work, and we’ll do some medical device work,” Trotter said. “But we’re primarily representing doctors and hospitals.”
Neither Trotter nor Kelly anticipated the firm would grow to its current size.
“We thought we’d just be a small mom-and-pop operation,” Trotter said. “But 30 years later, this is where we are. It’s been a great ride, and I wouldn’t change a thing.”
Kelly said he is especially proud of the very low turnover rate at his firm.
“For example, we have 10 people that have been working here for more than 15 years,” he explained. “We have 14 people that have worked here for more than 25 years. At a time where people are jumping firms all the time for a lot of reasons, we seem to be able to attract really good lawyers, and then they don’t leave.”
Kelly and Trotter worked together at a previous firm on medical malpractice defense in the early 1990s before striking out together, and both said part of the practice area’s appeal was the opportunity to try cases.
“When you represent physicians, because they have the ability to consent or not consent to a settlement, you end up trying more cases because they have their reputations at stake,” Trotter explained. “They oftentimes aren’t looking just to make financial settlements. They are going to fight for what’s right and for their reputation. So early on, I realized that if you want to be a trial attorney, representing physicians is a great way to go.”
“Most of these people are good people, and most of these people are really doing it for the right reasons, and they take it personally when they get sued,” Kelly said.
“They may have a bad result, but it may not be the result of medical malpractice,” Kelly continued. “So, to stand up in front of a jury, explain the medicine, explain what they did and why they did it, and to get a defense verdict on their behalf – I’m not sure there are many people that are more appreciative of that than health care providers. And it’s very rewarding. I really feel like I’m helping these people in a very difficult situation.”
Irvine plaintiffs’ attorney Daniel M. Hodes said he’s opposed Kelly, Trotter & Franzen on several cases over the past 30 years, and he described the firm as a stand-up bunch of hardworking lawyers.
“They work with integrity,” Hodes said. “They’re straightforward, they are refreshingly candid to deal with and very professional. When they show up on a file, I know the file will be very well worked up, very well defended. They try cases when they should try cases, and they settle cases when they should settle cases.”
Hodes noted he’s been opposing Kelly on one medical malpractice matter for seven years.
“John is a consummate professional. He’s honest and trustworthy and is a very formidable adversary,” said Hodes, who offered similar praise for Trotter.
“I can take Mike’s handshake to any bank in the country,” Hodes said. “I like being against them because I know it’s going to be a well-fought fight, and nobody’s going to try and pull a fast one. Everything’s going to be above board.
They really are consummate professionals in what they do.”
The Long Beach Bar Association was founded in 1917 with a mission to provide a welcoming, congenial, and stimulating home for attorneys, judges, and legal professionals in the City of Long Beach, and the greater Los Angeles area. Mercedes is excited to share her passion for her Long Beach community serving as the 106thPresident of LBBA. (August 2023)
Each year, Southern California Association of Hospital Risk Managers (SCARHM) holds an educational conference for providers, attorneys, and insurers, bringing in influential speakers to speak on various hot topics. John and Mercedes spoke on a panel regarding managing sexual abuse allegations and claims. They discussed the legal challenges healthcare institutions face, as the occurrence and severity of sexual abuse claims increase nationwide. The session was well-attended and informative, thanks in part to John and Mercedes! (May 2023)
Congratulations to Carley for being elected President of this prestigious organization! Women Lawyers of Long Beach was founded over 40 years ago with the goal of advancing women in the profession of law and supporting lawyers, judges, students, and other members of the Long Beach community. We are proud of Carley for this accomplishment! (April 2023)
Jessica successfully defended an assisted living facility against allegations its staff committed elder neglect in the case of an elderly gentleman who contracted COVID and passed away approximately two weeks later. In what is known as the first Covid case to be tried in the United States, Jessica obtained a unanimous verdict. The jurors understood the difficulties of managing COVID and also did not find the cause of the death was related to COVID. Congratulations to Jessica! (April 2023)
John and Pat represented a hospital in a birth injury case. The allegations involved a surrogate mother who claimed injuries and twin babies, one who passed away shortly after delivery. Following plaintiff’s case, John and Pat moved for a non-suit, arguing plaintiffs failed to demonstrate how standard of care violations by the nurses were a substantial factor in the alleged harm. The judge agreed and provided plaintiffs’ counsel with additional time to make an offer of proof as to how plaintiffs could cure the defects in their case. Plaintiffs’ counsel failed to do so, and the non-suit was granted. Congratulations John and Pat! (March 2023)
In a hotly contested case, Christina Batshoun successfully obtained an MSJ win for an OB/GYN accused of mismanaging the plaintiff’s pregnancy after a bout of appendicitis, leading to fetal demise minutes after birth. The opposition argued the physician failed to examine the plaintiff and failed to prevent pre-term labor. The Court ruled the MSJ met the burden of proof and the plaintiff failed to rebut the defense expert’s declaration. (January 2023)
Betsey Jeffery has been a trial attorney for 34 years, focusing her practice on the defense of medical malpractice claims. She has an extensive background as a registered nurse, with certifications in Neonatal Intensive Care, Risk Management, and Patient Safety. She has been a member of the American Board of Trial Advocates (ABOTA) since 2011. William Sulentor has practiced medical malpractice at KT&F for over 10 years. He has developed a strong practice of representing physicians, hospitals, and nursing homes. KT&F proudly welcomes these two incredible lawyers into its partnership! (January 2023)
The Greene Broillet & Wheeler National Civil Trial Competition is an invitational tournament open to ABA-accredited law schools and provides students an opportunity to develop the skills of a successful trial lawyer. Betsey Jeffery graciously volunteered her time to act as a mock trial judge and evaluator for the program. It is this type of community engagement KT&F proudly encourages, and we thank Betsey for her involvement in this prestigious program. (November 2022).
Dave Pruett successfully defended a large hospital defendant against an appeal of summary judgment. Dilini Mendes, an associate at KT&F, won the MSJ on res judicata grounds. Dave Pruett’s appellate work-up ensured the trial court’s ruling was upheld, effectively barring the plaintiff’s second complaint for the same injury. (October 2022)
For the second consecutive year, and many more to follow, KT&F participated in donating backpacks and school supplies for the Long Beach Mission’s Backpack Drive. KT&F strives to demonstrate its appreciation of the Long Beach community, after having its main offices in the city for over two decades. We are proud to give back to Long Beach! (August 2022)
In a case involving an emergency room physician allegedly failing to diagnose compartment syndrome, John Kelly successfully defended the physician’s care and treatment and made compelling causation arguments. The plaintiff presented to the emergency room with a clear diagnosis of a deep venous thrombosis and was admitted for stabilization prior to being transferred to a hospital within her network. Once she was transferred, a fasciotomy three days later revealed viable tissue. As such, it was unlikely the patient had compartment syndrome at the time of the emergency department visit. A jury agreed. Congratulations to John Kelly for another meritorious defense win! (August 2022)
Carley Ryckman wrote and defended her client’s motion for summary judgment, arguing the evidence and expert support demonstrated her client did not cause the decedent’s death. Ms. Ryckman represented a nurse practitioner who, per the plaintiff’s allegations, caused the drug overdose of the decedent. The Court agreed with the defense, however, that based on the toxicology report, the decedent did not expire due to any medications prescribed by the nurse practitioner. Thus, the Court granted the motion in favor of the defense. (August 2022)
Los Angeles County Superior Court Supervising Judge Eric Taylor recognized several volunteer mediators involved in the Resolve Law LA Program. KT&F is proud Dave Pruett was among those recognized as a volunteer mediator who invested his time for more than 5 mandatory settlement conferences in the brief time Resolve Law LA has been in existence. (July 2022)
Dave Pruett and Carley Ryckman successfully defended an appeal of summary judgment in favor of our client by asserting appellant failed in meeting the burden to present a sufficient record for review. The appellant presented only aspects of the Superior Court record favorable to appellant. The Court of Appeal found it was not our client’s obligation to add to the record the filings from the Superior Court that supported the respondent’s position. The fact appellant did not provide a complete record prevented the Court of Appeal from disturbing the decision of the Superior Court. As such, judgment was affirmed for our client. (July 2022)
Each year, Super Lawyers evaluates attorneys across the country, measuring candidates by peer recognition and professional achievement. We are proud to report Ms. Rezai has achieved Super Lawyer Rising Star status in the Southern California region for attorneys practicing in medical malpractice defense. Congratulations are in order! (June 2022)
Patrick Goethals successfully obtained a judgment on a motion for summary judgment, arguing plaintiff failed to bring a timely complaint. Plaintiff alleged the hospital staff failed to recognize postoperative complications after a laparoscopic cystoprostatectomy and failed to care for him in the postoperative course. Mr. Goethals successfully argued the complaint was over one year past the statute of limitations. (March 2022)
Ben Cramer defended an emergency medicine physician and a pediatrician accused of failing to diagnose an infection in a four month old infant. The infection resulted in a cleft lip. A Van Nuys jury deliberated for just 45 minutes before returning a defense verdict. (March 8, 2022)
Gabriel Irwin defended a family practice specialist and his medical group. Plaintiff claimed the physician failed to timely diagnose and treat bladder cancer, resulting in the progression of cancer. Following plaintiff’s case in chief, Mr. Irwin moved for nonsuit on a number of grounds, including most notably that plaintiff could not establish to a reasonable degree of medical probability that any purported delay in diagnosing his cancer led to a worse ultimate outcome. Following consideration of the briefs, the Court granted non-suit and ordered judgment in favor of defendants. (March 8, 2022)
Dick Carroll and Daniel Weinberg defended a plastic surgeon who performed a rhinoplasty. Plaintiff suffered a post-operative complication of an infection and required additional surgery. He claimed he was not made aware of the potential risks of the surgery and that if they were discussed, he would not have undergone the surgery. Defendant rejected a six-figure demand. A Los Angeles jury found for defendant. (March 8, 2022)
For over 10 years, KT&F has participated in the Verbum Dei Corporate Work Study Program. This program provides students with the ability to earn a portion of the cost of their private, college-preparatory education and the opportunity to gain professional work experience. These exceptional students take a full course load of college-preparatory classes and work at the KT&F Long Beach offices once per week. KT&F is proud to continue its partnership with the Verbum Dei Corporate Work Study Program for the 2022-2023 school year.
KT&F proudly announces Michael de Coster as its newest partner. Mr. de Coster has worked at KT&F since 2008, and is an invaluable asset to the firm. A proud Arizona Wildcat, Michael has consistently demonstrated a strong work ethic and works up his cases with ease and confidence. KT&F could not be more proud to add him as a partner. (February 2022)
John Kelly and Mercedes Rezai defended a surgeon accused of medical malpractice before a jury at the Santa Monica Courthouse. Plaintiff alleged the surgeon lacerated the aorta during the course of a laparoscopic appendectomy. Despite conducting a trial in the middle of the pandemic, the 12 jurors were a captive audience and returned a defense verdict after only an hour of deliberation. (January 12, 2022)
For over 15 years, attorneys and staff at KT&F have participated in the Salvation Army Angel Tree Tag Program. Spearheaded by one of the firm’s longest serving employees, Luz Santoz, KT&F adopt a child or family and gift them items from their wish list. Last year, the Salvation Army Angel Tree Tag Program helped over 600 families in the Long Beach, Signal Hill, Hawaiian Gardens, and Lakewood area. KT&F is proud to continue the tradition of service to the community during the holiday season. (December 2021)
Best Lawyers uses a peer review methodology to survey attorneys to capture the consensus opinion of leading lawyers within the same geographical area and practice area. In its recent publication, Best Lawyers recognized John Kelly, Michael Trotter, and Mark Franzen as leaders in the area of medical malpractice law in Los Angeles. KT&F is grateful to the community and humbled by this prestigious recognition. (November 2021)
Best Lawyers uses a peer review methodology to survey attorneys to capture the consensus opinion of leading lawyers within the same geographical area and practice area. Additional recognition is awarded to lawyers with the highest overall peer feedback. Only one Lawyer of the Year is recognized as Lawyer of the Year for each specialty and location. KT&F is proud to announce Mark Franzen has been recognized by Best Lawyers as the Lawyer of the Year in Los Angeles in the medical malpractice–defense category. (November 2021)
KT&F Law is thrilled to welcome our newest employees:
Long Beach: Kylie A. Schofield, Madison Carroll, Christina Batshoun
San Diego: Sasha M. Jamshidi-Nezhad
Welcome to the team!
The plaintiff underwent a surgery to remove an ovarian cyst, and claimed the surgery was unnecessary. Her attorney alleged lack of informed consent and medical battery. After the plaintiff’s case in chief, Mr. Klimkowski moved for a directed verdict. The judge granted Ms. Klimkowski’s motion, finding plaintiff had failed to present evidence to support any of the claims against the OB/GYN. (August 10, 2021)
Periodically, the Judicial Council of California proposes changes to CACI Jury Instructions based on developments in case law. A recent proposal was made to change the Sources and Authorities portion of the jury instruction regarding ostensible agency, and to add a jury instruction regarding the physician-hospital relationship. Mr. Pruett, appellate law specialist at KT&F, authored a comment on behalf of the Association of Southern California Defense Counsel, which analyzes the recent Wicks v. Antelope Valley Hospital case. Mr. Pruett’s comment persuasively writes that an ostensible agency instruction should include additional Directions for Use and Sources and Authorities which emphasize the totality of circumstances, including the fact Wicks held the hospital was not ostensibly liable because the patient signed the Conditions of Admission form under no distress.
December 13, 2011 – Brenda Ligorsky presented a webinar entitled “Lessons Learned in the Defense of Hospital Acquired Pressure Ulcer Cases” to pressure ulcer and wound care providers, Chief Nurse Executives, Quality and Risk Managers and legal nurse consultants from various Catholic Healthcare West facilities.
On October 5, 2011, Mark Franzen was an invited speaker by Med America at the annual meeting of the California Emergency Physicians of America (CEP) in Las Vegas, Nevada.
Over the summer of 2011 Brenda Ligorsky delivered talks on Documentation in Wound Cases for Chino Valley Medical Center, Montclair Hospital, San Dimas Community Hospital, Garden Grove Hospital, Huntington Beach Hospital, Centinela Hospital and Desert Valley Hospital.
Matthew Trotter and Brenda Ligorsky conducted a mock deposition and presentation entitled “Wound Care and Documentation as it relates to Elder Abuse” to the nurses at Centinela Hospital on August 19, 2011.
This presentation attempted to highlight the pitfalls commonly faced in depositions involving wound care. Matthew Trotter also presented “Charting 101″ on September 26, 2011 to the nurses and staff at West Anaheim Medical Center. These presentations focused on the issues commonly addressed in nursing depositions.
On January 13, 2011, Brenda Ligorsky and Nora Hite delivered a talk on Risk Reduction, Communication and Documentation to the nursing staff at Mission Hospital Regional Medical Center.
