Judge: Audra Mori, Case: 19STCV21055, Date: 2022-10-21 Tentative Ruling

Case Number: 19STCV21055    Hearing Date: October 21, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Abigail Salazar (“Claimant”), a minor by and through her Guardian ad Litem, Cynthia Martinez (“Petitioner”), filed this action against defendants Children’s Dental Building, et al. for injuries Claimant sustained during a dental procedure.  Claimant was undergoing a cavity fill procedure when defendants caused a laceration to the left side of Claimant’s face.  Claimant has not recovered completely from the injuries as Claimant has a scar on her left cheek.    

Plaintiff, by and through her guardian ad litem and attorney of record, has agreed to settle the claims with defendants Donald Brown dba Children’s Dental Building and Khosa Pham, D.D.S. for the total amount of $140,000.00.  If the settlement is approved, $54.78 will be used for medical expenses, $46,200.00 for attorney fees, and $11,212.24 will be used for costs.  The net balance of $82,532.98 will be invested in a single-premium deferred annuity. 

The Court has reviewed the settlement and finds it fair and reasonable.  Further, the attorney fees requested are in compliance with the Medical Injury Compensation Reform Act (“MICRA”).  (Bus. & Prof. Code § 6146(a).)

Pursuant to CRC 7.952, Claimant and Petitioner must appear at the hearing on this matter unless the Court finds good cause to excuse their appearance.  Claimant herein is eleven years old and was only three when the incident occurred.  The Court finds Plaintiff’s age constitutes good cause to excuse her appearance.  Only Petitioner is required to appear; Petitioner is encouraged to appear remotely.  If the Court is satisfied with Petitioner’s testimony, the Court will grant the petition.

Petitioner is ordered to give notice. 

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 sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s 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. 

Dated this 21^st day of October 2022