David Lubofsky has filed a motion for declaratory judgment and permanent injunction in the claim against the Seventh-day Adventist clinic.

The complaint is against the clinic and SDA doctor ShinShin Miyagi and Physician Assistant Ethan Snider for the wrongful death of his son, Asher dean Lubofsky.

The case was heard in Judge Arthur Barcinas courtroom today. Plaintiff David Lufobsky was not present however; representing him was his attorney Robert Keogh.

Yesterday, the defendant filed an over 30-page motion that argues the Medical Malpractice Mandatory Arbitration Act is in violation of constitutional rights. A hearing on the motion was scheduled for March 10 allowing the defendant's time to file a response.