Judge: Audra Mori, Case: 21STCV22021, Date: 2023-01-06 Tentative Ruling

Case Number: 21STCV22021    Hearing Date: January 6, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ABDUL MEHRZAI, ET AL., 

Plaintiffs, 

vs. 

JEMSHEED JAMES SHAMLOO, M.D., ET AL., 

Defendants. 

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Case No.: 21STCV22021 

 

[TENTATIVE] ORDER CONDITIONALLY GRANTING PETITION TO APPROVE COMPROMISE  

 

Dept. 31 

1:30 p.m.  

January 6, 2023 

 

Plaintiffs Amber Mehrzai (“Claimant”), a minor by and through her guardian ad litem, Abdul Mehrzai (“Petitioner”), Petitioner, and Shahira Mehrzai (collectively, “Plaintiffs”) filed this action against Defendants Jemsheed James Shamloo, M.D. (“Defendant”) and St. John Surgery Center for wrongful death/medical malpractice arising out of Defendant’s care and treatment of Decedent Haleema Mehrzai, who was Claimant’s father.   

 

Plaintiffs have agreed to settle all of claims with Defendant for the total amount of $950,000.00, with $100,000.00 for the settlement of Claimant’s claims.  If the settlement is approved, $0.00 will be used for attorneys’ fees, medical expenses, or costs.  The entire net balance of $100,000.00 will be transferred to a Bank of America blocked account, subject to withdrawal only on authorization of this Court. 

   

The court has reviewed the settlement and finds it fair and reasonable. 

 

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 sixteen years old and is thus of sufficient age to appear at hearing along with Petitioner.  If the Court is satisfied with the parties’ testimony, the Court intends to grant the petition.  Claimant and Petitioner are encouraged to appear remotely. 

 

However, while Petitioner submitted the proposed order to approve settlement on Judicial Council Form MC-351, the Court cannot locate a proposed order to place funds in a blocked account on Judicial Council Form MC-355.  Petitioner must file and serve a proposed order on Form MC-355 prior to the hearing on this matter, or the hearing may need to be continued. 

 

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 6th day of January 2023 

 

  

 

 

Hon. Audra Mori 

Judge of the Superior Court