Judge: Salvatore Sirna, Case: 20STCV36513, Date: 2024-09-05 Tentative Ruling
The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.
Case Number: 20STCV36513 Hearing Date: September 5, 2024 Dept: G
Defendant Mitchell Goldstein, M.D.’s Motion for
Determination of Good Faith Settlement
Respondent: NO OPPOSITION
TENTATIVE RULING
Defendant Mitchell Goldstein, M.D.’s Motion for Determination of Good Faith Settlement is DENIED WITHOUT PREJUDICE.
BACKGROUND
This is a medical malpractice action. In October 2019, Plaintiff Kendra Lamas was born to Plaintiffs Stephanie Aguilera and Anthony Lamas at Defendant Emanate Health Queen of the Valley Hospital (EHQVH). At birth, Kendra Lamas was diagnosed with brain damage and other neurological injuries. The Lamases allege Kendra Lamas’s injuries were caused by the negligence of Defendants Julius Kpaduwa, M.D.; EHQVH; and Mother & Child Health Center (M&CHC).
On September 24, 2020, Kendra Lamas, by and through guardian ad litem Aguilera; Aguilera; and Anthony Lamas (collectively, the Lamases) filed a complaint against Dr. Kpaduwa, EHQVC, M&CHC, and Does 1-50, alleging two causes of action for general negligence.
On November 23, 2020, the Lamases filed a First Amended Complaint (FAC) against the same defendants alleging causes of action for (1) medical malpractice and (2) general negligence.
On October 28, 2022, the Lamases amended the FAC to replace Doe 1 with Defendant Zaid Q. Chaudry, M.D. and Doe 2 with Defendant Altamed Health Services (Altamed).
On September 18, 2023, B.R. filed a notice of settlement and the present motion. A hearing on the motion is set for November 8.
On March 23, 2023, the Lamases dismissed Anthony Lamas from the present action.
On April 11, 2023, Kendra Lamas and Aguilera dismissed Altamed from the present action.
On October 25, 2023, Kendra Lamas and Aguilera amended the FAC to replace Doe 3 with Defendant Mitchell Goldstein, M.D.
On July 30, 2024, Dr. Goldstein filed a notice of partial settlement.
On August 8, 2024, Dr. Goldstein filed the present motion. A hearing on the present motion is set for September 5, 2024, along with a post-mediation status conference/trial setting conference.
ANALYSIS
Dr. Goldstein moves for a determination of good faith settlement with Kendra Lamas and Aguilera. Before the court can make such a determination, however, Kendra Lamas, as a minor plaintiff, must petition the court for approval of a minor’s compromise. (See Anderson v. Latimer (1985) 166 Cal.App.3d 667, 676 [holding court approval of minor’s compromise is prerequisite to valid settlement].)
Because no such petition has been filed and approved by the court, Dr. Goldstein’s motion is DENIED WITHOUT PREJUDICE as premature.
CONCLUSION
Based on the foregoing, Dr. Goldstein’s motion for a determination of good faith settlement is DENIED WITHOUT PREJUDICE.