This case was last updated from Los Angeles County Superior Courts on 07/27/2019 at 02:47:33 (UTC).

KARLA VILLA VS JEKO BEHFARIN ET AL

Case Summary

On 01/04/2018 KARLA VILLA filed a Personal Injury - Other Personal Injury lawsuit against JEKO BEHFARIN. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9183

  • Filing Date:

    01/04/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

VILLA KARLA

Defendants and Respondents

BEHFARIN JEKO MD

PERFORMANCE CARE SPORTS MEDICINE & REHABI

DOES 1 THROUGH 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

KAUFLER PHILIP ESQ.

Defendant and Respondent Attorney

WITKOW BRANDON J. ESQ.

 

Court Documents

COMPLAINT FOR DAMAGES

1/4/2018: COMPLAINT FOR DAMAGES

SUMMONS

1/4/2018: SUMMONS

PROOF OF SERVICE SUMMONS

2/22/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE OF SUMMONS AND COMPLAINT

2/26/2018: PROOF OF SERVICE OF SUMMONS AND COMPLAINT

Declaration

3/21/2018: Declaration

Demurrer - without Motion to Strike

3/21/2018: Demurrer - without Motion to Strike

SUMMONS

5/14/2018: SUMMONS

FIRST AMENDED COMPLAINT FOR DAMAGES

5/14/2018: FIRST AMENDED COMPLAINT FOR DAMAGES

PLAINTIFF'S OPPOSITION TO DEMURRER TO FIRST AMENDED COMPLAINT

8/16/2018: PLAINTIFF'S OPPOSITION TO DEMURRER TO FIRST AMENDED COMPLAINT

NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

6/19/2018: NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

DECLARATION OF BRANDON J. WITKOW ISO DEMURRER TO COMPLAINT

6/19/2018: DECLARATION OF BRANDON J. WITKOW ISO DEMURRER TO COMPLAINT

Notice

9/12/2018: Notice

ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

8/31/2018: ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

Minute Order

8/31/2018: Minute Order

REPLY IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT

8/24/2018: REPLY IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT

3 More Documents Available

 

Docket Entries

  • 09/12/2018
  • DocketNotice (of order transferring complicated personal injury case to an independent calendar court); Filed by Karla Villa (Plaintiff)

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  • 08/31/2018
  • Docketat 1:30 PM in Department 4; Hearing on Demurrer - without Motion to Strike (DEMURRER; Transferred to different departmnt) -

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  • 08/31/2018
  • DocketMinute order entered: 2018-08-31 00:00:00; Filed by Clerk

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  • 08/31/2018
  • DocketMinute Order

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  • 08/31/2018
  • DocketOrder; Filed by Clerk

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  • 08/31/2018
  • DocketORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

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  • 08/24/2018
  • DocketREPLY IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT

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  • 08/24/2018
  • DocketReply/Response; Filed by Jeko, MD Behfarin (Defendant); Performance Care Sports Medicine & Rehabi (Defendant)

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  • 08/16/2018
  • DocketOpposition Document; Filed by Karla Villa (Plaintiff)

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  • 08/16/2018
  • DocketPLAINTIFF'S OPPOSITION TO DEMURRER TO FIRST AMENDED COMPLAINT

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9 More Docket Entries
  • 03/21/2018
  • DocketDemurrer - without Motion to Strike

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  • 03/21/2018
  • DocketDeclaration of Brandon J. Witkow

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  • 03/21/2018
  • DocketDeclaration; Filed by Jeko, MD Behfarin (Defendant); Performance Care Sports Medicine & Rehabi (Defendant)

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  • 02/26/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Karla Villa (Plaintiff)

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  • 02/26/2018
  • DocketPROOF OF SERVICE OF SUMMONS AND COMPLAINT

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  • 02/22/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Karla Villa (Plaintiff)

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  • 02/22/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/04/2018
  • DocketCOMPLAINT FOR DAMAGES

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  • 01/04/2018
  • DocketComplaint; Filed by Karla Villa (Plaintiff)

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  • 01/04/2018
  • DocketSUMMONS

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Complaint Information

PHILIP KAUFLER (81160) | FILED

Law Offices of Philip Kaufler, APC S“('.'.::.“: T tan nf O 8383 Wilshire Boulevard, Suite 830 - LT nles Beverly Hills, California 90211-2407 FT3 282913 Telephone: (323) 655-0961 T

Facsimile: (323)655-0582 Sherri 5, Car,, s asen.:: ihcer/Clerk Email: philip@kauflerlaw.com gy i el r— |

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES, CENTRAL DISTRICT

KARLA VILLA - CASE NO.: BC689183 Plaintiff, Assigned to Hon. Dennis J. Landin Department 93 VS.

' PROOF OF SERVICE OF SUMMONS

1EKO BEHFARIN, MD; AND COMPLAINT

PERFORMANCE CARE SPORTS MEDICINE & REHABILITATION

CENTER,INC,; and DOES 1 through 50, inclusive,

Defendants.

Tentative Rulings

Case Number: ****9183 Hearing Date: July 15, 2022 Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

karla villa,

Plaintiff,

v.

jeko behfarin, md, et al.,

Defendants.

Case No.: ****9183

Hearing Date: July 15, 2022

[TENTATIVE] order RE:

motion for an order awarding prejudgment interest

BACKGROUND

A. Allegations

Plaintiff Karla Villa (“Plaintiff”) alleges she went for a consultation with Defendant Jeko Behfarin, MD (“Dr. Behfarin”) at Defendant Performance Care Sports Medicine & Rehabilitation Center, Inc. (“Performance Care”) on January 6, 2017. She alleges that Dr. Behfarin committed sexual battery upon her by rubbing her back, then pulling down her underwear and using his hands to rub her. She alleges she did not consent to these acts.

The second amended complaint (“SAC”), filed October 18, 2019, alleges causes of action for: (1) sexual battery; (2) IIED; (3) negligence; (4) negligence; and (5) sexual harassment.

On April 14, 2021, Performance Care was dismissed with prejudice.

B. Relevant Background and Motion on Calendar

On February 4, 2021, the Court entered the Order of Appointment for a Referee, the Honorable Steven J. Stone (Ret.) to hear and determine any and all of the issues in the action or proceeding, whether of fact or law, and to report a statement of decision.

On March 7, 2022, the Referee filed his Report/Statement of Decision.

On March 29, 2022, the Court entered Judgment in favor of Plaintiff based on the Referee’s Report/Statement of Decision. Plaintiff was to recover on her 1st, 2nd, 3rd, and 5th causes of action against Dr. Behfarin in the sum of $3,513,426, plus interest at 10% per annum from the entry of judgment pursuant to CCP 685 and her cost of suit.

On April 7, 2022, Plaintiff filed this motion for an order awarding prejudgment interest. The Court is not in receipt of an opposition brief.

LEGAL STANDARD

Civil Code, 3291 states in relevant part:

In any action brought to recover damages for personal injury sustained by any person resulting from or occasioned by the tort of any other person, corporation, association, or partnership, whether by negligence or by willful intent of the other person, corporation, association, or partnership, and whether the injury was fatal or otherwise, it is lawful for the plaintiff in the complaint to claim interest on the damages alleged as provided in this section.

If the plaintiff makes an offer pursuant to Section 998 of the Code of Civil Procedure which the defendant does not accept prior to trial or within 30 days, whichever occurs first, and the plaintiff obtains a more favorable judgment, the judgment shall bear interest at the legal rate of 10 percent per annum calculated from the date of the plaintiff's first offer pursuant to Section 998 of the Code of Civil Procedure which is exceeded by the judgment, and interest shall accrue until the satisfaction of judgment.

(Civ. Code, 3291.)

DISCUSSION

Plaintiff moves for a determination of prejudgment interest to be awarded in her favor and against Dr. Behfarin.

Plaintiff has shown that pursuant to Civil Code, 3291, Dr. Behfarin failed to obtain a more favorable judgment than Plaintiff’s section 998 offer to compromise for $1,000,000 (inclusive of costs) served on him on September 16, 2020. (Kaufler Decl., Ex. A.) Plaintiff’s counsel, Philip Kaufler, states that Dr. Behfarin did not accept the offer and it expired by operation of law on October 15, 2020. (Id., 2.) The judgment ultimately rendered in Plaintiff’s favor was in the amount of $3,513,426, which is greater than the 998 offer. (Id., 4-5, Ex. C [Referee’s Statement of Decision], Ex. D [Court’s Judgment].) Thus, she seeks prejudgment interest on the $3,513,426 amount from September 16, 2020 (the date the section 998 offer was served) at 10% per annum through July 15, 2022 (the date of this hearing), which totals $643,003.44 (= 668 days x $962.58) for a total judgment of $4,156,429.44. (Id., 6.)

Pursuant to section 3291, Plaintiff is entitled to prejudgment interest at the legal rate of 10% per annum from the date of her 998 offer on September 16, 2020 to the satisfaction of judgment. Based on the Court’s interest calculator, the calculation of interest would be $642,042.50, with a total judgment of $4,155,468.50.

Thus, the motion for 10% prejudgment interest is granted.

CONCLUSION AND ORDER

Plaintiff’s motion for prejudgment interest at the legal rate of 10% per annum pursuant to Code of Civil Procedure, 998 and Civil Code, 3291 is granted in the amount of $642,052.50 from September 16, 2020 to July 15, 2022, rendering a total judgment amount of $4,155,468.50.

Plaintiff shall provide notice of this order.



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