On 02/03/2015 SASHA JARA filed a Personal Injury - Medical Malpractice lawsuit against GEORGE DELSHAD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
DELSHAD GEORGE M.D.
DOES 1 TO 25
KIM MEESOOK M.D.
VALLEY PRESBYTERIAN HOSPITAL
KIM MEESOOK M.D. *SUM JUDGMENT
FOX & FOX LAW CORPORATION
FOX JAMES EDWARD
TAGGART DEBORAH S.
TRAPP JANET E. ESQ.
TROTTER MICHAEL J. ESQ.
1/31/2018: NOTICE OF CHANGE OF FIRM NAME
8/17/2018: EXHIBITS IN SUPPORT OF DEFENDANT GEORGE DELSHAD, M.D'S MOTION FOR SUMMARY ADJUDICATION
8/17/2018: DECLARATION OF SARAH FELAHY IN SUPPORT OF DEFENDANT GEORGE DELSHAD, M.D.'S MOTION FOR SUMMARY ADJUDICATION
5/16/2019: Motion in Limine
5/16/2019: Motion in Limine
5/16/2019: Motion in Limine
2/18/2015: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE
6/2/2015: ANSWER OF DEFENDANT GEORGE DELSHAD, M.D. TO PLAINTIFFS' COMPLAINT
4/27/2016: NOTICE OF RULING ON DEFENDANT MEE SOOK KIM, M.D.'S UNOPPOSED MOTION FOR SUMMARY JUDGMENT
6/15/2016: NOTICE OF LODGING RECORDS IN SUPPORT OF MOTION SUMMARY JUDGMENT/ADJUDICATION BY DEFENDANT VALLEY PRESBYTERIAN HOSPITAL
6/15/2016: DECLARATION OF JENNA M. BATEMAN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT/ ADJUDICATION BY DEFENDANT VALLEY PRESBYTERIAN HOSPITAL
6/15/2016: SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION OF ISSUES BY DEFENDANT VALLEY PRESBYTERIAN HOSPITAL
7/27/2016: NOTICE RE: CONTINUANCE OF HEARING
8/15/2016: PLAINTIFFS' OPPOSITION TO DEFENDANT VALLEY PRESBYTERIAN HOSPITAL'S MOTION FOR SUMMARY JUDGMENT (C.C.P. ? 437(C)L)
8/15/2016: STATEMENT OF EVIDENCE
9/9/2016: DEFENDANT VALLEY PRESBYTERIAN HOSPITAL'S REPLY TO PLAINTIFFS' OPPOSITION TO MOTION FOR SUMMARY JUDGMENT/ADJUDICATION; DECLARATION OF JENNA ANDERSON, ESQ.
at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Advanced and Continued - by CourtRead MoreRead Less
at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Continued - by CourtRead MoreRead Less
Notice of Ruling; Filed by George Delshad (Defendant)Read MoreRead Less
at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Ex-Parte Proceedings (to Continue Trial and all Discovery Deadlines and Cut-offs) - Held - Motion GrantedRead MoreRead Less
Ex Parte Application (to Continue Trial); Filed by George Delshad (Defendant)Read MoreRead Less
Minute Order ( (Defendant George Delshad, M.D.'s Ex-Parte Application to Cont...)); Filed by ClerkRead MoreRead Less
Notice (Mil 8 PReclude Cumlative Testimony of Experts); Filed by George Delshad (Defendant)Read MoreRead Less
Motion in Limine (MIL 1- Damages); Filed by George Delshad (Defendant)Read MoreRead Less
Motion in Limine (MIL 4- Expert Testimony); Filed by George Delshad (Defendant)Read MoreRead Less
Motion in Limine (MIL 5); Filed by George Delshad (Defendant)Read MoreRead Less
PROOF OF SERVICE SUMMONSRead MoreRead Less
Declaration; Filed by Sasha Jara (Plaintiff); Ryland Rivas (Legacy Party)Read MoreRead Less
DECLARATION OF NON SERVICERead MoreRead Less
Summons; Filed by Sasha Jara (Plaintiff); Ryland Rivas (Legacy Party)Read MoreRead Less
SUMMONSRead MoreRead Less
Ord Apptng Guardian Ad Litem; Filed by Plaintiff/PetitionerRead MoreRead Less
Application ; Filed by Plaintiff/PetitionerRead MoreRead Less
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTERead MoreRead Less
COMPLAINT FOR FRAUD, BATTERY AND MEDICAL MALPRACTICERead MoreRead Less
Complaint; Filed by Sasha Jara (Plaintiff)Read MoreRead Less
Case Number: BC571333 Hearing Date: December 03, 2019 Dept: 4A
Petition to Approve Minor’s Compromise of Pending Action
Having considered the moving papers, the Court rules as follows. No opposition was filed.
On February 18, 2015, Plaintiffs Sasha Jara and Ryland Rivas, by and through his guardian ad litem, Sasha Jara, filed a complaint against Defendants George Delshad, M.D., Valley Presbyterian Hospital, and Meesook Kim, M.D. for fraud, battery, and medical malpractice.
On September 26, 2019, Petitioner Sasha Jara filed this petition to approve a compromise of disputed claim for minor Plaintiff Ryland Rivas.
On October 23, 2019, the Court continued the hearing on Petitioner Sasha Jara’s petition because item 13(a) was not completed and the Probate Department of the Superior Court needed time to review the petition pursuant to Los Angeles Superior Court Rule 4.115, subdivision (c).
OSC re: Dismissal is set for February 4, 2020.
Petitioner Sasha Jara (“Petitioner”) requests that the Court grant the petition to approve a compromise of disputed claim for minor Plaintiff Ryland Rivas (“Claimant”).
Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are required to attend the hearing on the petition. However, the Court finds that Claimant’s attendance is not required due to Claimant’s age and the settlement amount.
The Court finds the petition must be denied for two reasons.
First, item 13a. of the petition is not filled out. Second, a special needs trust is not appropriate in this case pursuant to Probate Code section 3604, subdivision (b).
Probate Code section 3604, subdivision (b) states “[a] special needs trust may be established . . . only if the court determines all of the following: (1) That the minor or person with a disability has a disability that substantially impairs the individual’s ability to provide for the individual’s own care or custody and creates a substantial handicap. (2) That the minor or person with a disability is likely to have special needs that will not be met without the trust. (3) That money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet the special needs of the minor or person with a disability.”
An August 28, 2019 report from James Kim, M.D. states Claimant was diagnosed to have cerebral palsy involving Claimant’s left side due to neonatal stroke, which has improved. (Petition, p. 18.) Dr. Kim also assessed that Claimant’s neurological examination was unremarkable except possible slight slowing in left hand coordination. (Ibid.) There was no need for neurological intervention. (Ibid.) Dr. Kim explained that the cerebral palsy is static and that he does not expect it to impair Claimant’s motor functions. (Ibid.) Dr. Kim also explained that there would be a possible seizure disorder and cognitive slowing, but only recommended continued speech therapy as needed and routine pediatric care. (Ibid.)
The Court finds this doctor’s report does not show that Claimant has a disability that substantially impairs Claimant’s ability to provide for Claimant’s own care or custody and creates a substantial handicap. Claimant appears to be doing better. There is specter of a seizure disorder and cognitive slowing. However, this fear was not expressed as if it is likely to occur. Dr. Kim’s opinion that there is no need for neurological intervention or any other treatment besides speech therapy and routine pediatric care strongly suggests that Claimant does not have a disability and that, if Claimant does have a disability, it does not rise to the level of creating a substantial handicap. As such, a special needs trust is an inappropriate means to disburse Claimant’s net settlement.
The petition filed on September 26, 2019 is DENIED, without prejudice to the submission of an amended petition in compliance with the above.
Petitioner is ordered to give notice of this ruling.
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