On 01/20/2016 VERA OMAR filed a Personal Injury - Other Personal Injury lawsuit against ROSECRANS VILLA RESIDENTIAL CARE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are BENNY C. OSORIO and DEIRDRE HILL. The case status is Pending - Other Pending.
****7787
01/20/2016
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
BENNY C. OSORIO
DEIRDRE HILL
OMAR VERA
GOLCHINI KEIVAN. M.D
ROSECRANS VILLA INC
DOES 1-150
ROSECRANS VILLA RESIDENTIAL CARE
KEIVAN GOLCHINI M.D. A MEDICAL CORP.
KEIVAN GOLCHINI M.D.
KEIVAN GOLCHINI M.D. DOE 1
ROSECRANS VILLA INC.
BEASLEY BRITTANY (GUARDIAN AD LITEM)
BEASLEY BRITTANY GUARDIAN AD LITEM
OLDMAN COOLEY SALLUS BIRNBERG
PAPPAS LOUIS W. ESQ.
BONNE BRIDGES MUELLER O'KEEFE & NICHOLS
DOBSON MITZIE L. ESQ.
MANNING MARDER KASS ELLROD RAMIREZ LLP
6/11/2018: Unknown
6/11/2018: Other -
6/25/2018: Notice
6/25/2018: Other -
6/25/2018: Other -
7/12/2018: Trial Brief
4/16/2019: Notice of Settlement
1/20/2016: SUMMONS
2/24/2016: NOTICE OF POSTING JURY FEES
3/4/2016: NOTICE OF ENTRY OF ORDER
4/29/2016: FIRST AMENDED COMPLAINT 1. NEGLIGENCE 2. WILLFUL MISCONDUCT 3. ELDER ABUSE
5/23/2016: ANSWER TO FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
6/30/2016: DEFENDANTS, KEIVAN GOLCHINI, M.D., AND KEIVAN GOLCHINI, M.D., A MEDICAL CORPORATION'S NOTICE OF DEMURRER AND ETC.
8/17/2016: ORDER
10/27/2016: ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT
10/27/2016: NOTICE OF TRANSFER OF CASE
10/27/2016: ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT
2/15/2017: Unknown
Notice of Hearing Re Order to Show Cause Re: Dismissal (Settlement); Filed by Vera Omar (Plaintiff)
at 10:00 AM in Department B, Deirdre Hill, Presiding; Jury Trial - Not Held - Taken Off Calendar by Court
at 08:30 AM in Department B, Deirdre Hill, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court
Notice of Settlement; Filed by Vera Omar (Plaintiff)
Order to Show Cause re: Dismissal (Settlement); Filed by Clerk
at 10:00 AM in Department B, Deirdre Hill, Presiding; Jury Trial - Held - Continued
at 08:30 AM in Department B, Deirdre Hill, Presiding; Final Status Conference - Held - Continued
Notice (of Entry of Judgment or Order); Filed by Brittany (Guardian Ad Litem) Beasley (Legacy Party)
Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk
at 08:30 AM in Department B, Deirdre Hill, Presiding; Ex-Parte Proceedings (To Continue Trial) - Held - Motion Granted
Proof-Service/Summons; Filed by Attorney for Plaintiff/Petitioner
Amendment to Complaint; Filed by Attorney for Plaintiff/Petitioner
Amendment to Complaint; Filed by VERA OMAR (Legacy Party)
AMENDMENT TO COMPLAINT
Amendment to Complaint; Filed by Vera Omar (Plaintiff)
Complaint; Filed by Vera Omar (Plaintiff)
Summons; Filed by null
COMPLAINT 1. NEGLIGENCE; ETC
SUMMONS
Complaint
Case Number: BC607787 Hearing Date: November 08, 2019 Dept: SWB
|
Superior Court
of Southwest District Torrance Dept. B |
|||
|
VERA OMAR, |
Plaintiff, |
Case No.: |
BC607787 |
|
vs. |
[Tentative] RULING |
||
|
ROSECRANS VILLA RESIDENTIAL CARE, et al., |
Defendants. |
||
Hearing Date: November 8, 2019
Moving Parties: Petitioner Brittany Beasley
Responding Party: None
Petition to Approve Compromise of Pending Action of Person with a Disability
The court considered the moving papers.
RULING
The court is inclined to grant petitioner’s Petition to Approve Compromise of Pending Action on behalf of claimant Vera Omar.
Pursuant to California Rules of Court, Rule 7.952(a), petitioner and claimant are required to attend the hearing on the petition but because of claimant’s health condition, the court finds good cause to dispense with her appearance.
BACKGROUND
On January 20, 2016, Vera Omar filed a complaint against Rosecrans Villa Residential Care, Rosecrans Villa, Inc., and Keivan Golchini, M.D. for negligence, willful misconduct, and elder abuse.
On April 29, 2016, plaintiff filed a FAC.
On August 17, 2016, plaintiff filed a SAC. She alleges that on January 26, 2013, she was admitted to the assisted living facility known as Rosecrans Villa, located in Hawthorne. She was a resident/patient from January 2013 through January 2014, after which she was transferred to Providence Little Company of Mary Medical Center. On January 26, 2014, plaintiff suffered a massive stroke sometime shortly after breakfast. Rosecrans Villa contacted Dr. Golchini sometime after plaintiff suffered her stroke and was advised that someone from his office would come to the facility to evaluate plaintiff, but this did not occur. Although plaintiff suffered a stroke shortly after breakfast, defendants failed to call 911 or take any effective standard medical steps to prevent or retard the progression of the stroke until more than eight hours later, at which time she was found to have a seriously altered mental state, altered speech, and left-sided weakness. By this time, she was well beyond the time for TPA therapy. She has never recovered.
DISCUSSION
The court has reviewed the petition and finds the settlement amount to be fair and reasonable.
The parties settled for $400,000, with Medicare reimbursement of $884.09, attorney’s fees of $160,000, attorney costs of $128,044.50, and a reserve of $55,977.75 for Medi-Cal. The balance of proceeds available for claimant is $55,093.67. Counsel’s declaration is sufficient to support the attorney’s fees and costs requested. The litigation was heavily contested and ongoing for three years.
Accordingly, the court is inclined to grant the petition.