This case was last updated from Los Angeles County Superior Courts on 07/06/2019 at 00:52:56 (UTC).

NOAH ODABASHIAN VS JOSEPH OUZONIAN M D ET AL

Case Summary

On 02/23/2018 a Personal Injury - Medical Malpractice case was filed by NOAH ODABASHIAN against JOSEPH OUZONIAN M D in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5280

  • Filing Date:

    02/23/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

JON R. TAKASUGI

 

Party Details

Defendants and Respondents

LEE RICHARD M.D.

CHAN SHIRLEY M.D.

DOES 1 TO 100

USC PERINATAL GROUP

OUZUNIAN JOSEPH M.D.

CHMAIT RAMEN M.D.

Minor

ODABASHIAN NOAH

Guardian Ad Litem

ODABASHIAN NISHAN

 

Court Documents

ASSOCIATION FOR COUNSEL

8/30/2018: ASSOCIATION FOR COUNSEL

PROOF OF SERVICE SUMMONS

9/13/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

9/13/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

9/13/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

9/13/2018: PROOF OF SERVICE SUMMONS

Answer

10/9/2018: Answer

Demand for Jury Trial

10/9/2018: Demand for Jury Trial

Answer

10/9/2018: Answer

Answer

10/9/2018: Answer

Answer

10/11/2018: Answer

Motion for Summary Judgment

3/22/2019: Motion for Summary Judgment

Separate Statement

3/22/2019: Separate Statement

Notice

4/5/2019: Notice

Request for Dismissal

5/16/2019: Request for Dismissal

Request for Dismissal

5/29/2019: Request for Dismissal

Minute Order

6/13/2019: Minute Order

SUMMONS

4/2/2018: SUMMONS

COMPLAINT FOR DAMAGES: 1. MEDICAL NEGLIGENCE.

2/23/2018: COMPLAINT FOR DAMAGES: 1. MEDICAL NEGLIGENCE.

35 More Documents Available

 

Docket Entries

  • 06/13/2019
  • at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion for Summary Judgment - Held

    Read MoreRead Less
  • 06/13/2019
  • Minute Order ( (Hearing on Motion for Summary Judgment)); Filed by Clerk

    Read MoreRead Less
  • 06/11/2019
  • Plaintiff's Response to Defendants' Objections to Plaintiff's Evidence and Declaration in Opposition to Motion for Summary Judgment; Filed by Nishan Odabashian (Legacy Party); Noah Odabashian (Plaintiff)

    Read MoreRead Less
  • 06/07/2019
  • at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

    Read MoreRead Less
  • 06/07/2019
  • Objection (OBJECTIONS TO PLAINTIFF'S EVIDENCE AND DECLARATION IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT); Filed by Joseph, M.D. Ouzunian (Defendant); USC Perinatal Group (Defendant)

    Read MoreRead Less
  • 06/07/2019
  • REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT/ADJUDICATION; Filed by Joseph, M.D. Ouzunian (Defendant); USC Perinatal Group (Defendant)

    Read MoreRead Less
  • 06/06/2019
  • Notice of Entry of Dismissal and Proof of Service; Filed by Nishan Odabashian (Legacy Party); Noah Odabashian (Plaintiff)

    Read MoreRead Less
  • 06/06/2019
  • Notice of Entry of Dismissal and Proof of Service; Filed by Nishan Odabashian (Legacy Party); Noah Odabashian (Plaintiff)

    Read MoreRead Less
  • 06/03/2019
  • Stipulation - No Order (Stipulation re: Motion for Summary Judgment of Defs Ouzounian and USC); Filed by Nishan Odabashian (Legacy Party); Noah Odabashian (Plaintiff)

    Read MoreRead Less
  • 05/31/2019
  • Opposition (Plaintiff's Opposition to Motion for Summary Judgment of Defs Ouzounian and USC); Filed by Noah Odabashian (Plaintiff)

    Read MoreRead Less
40 More Docket Entries
  • 09/13/2018
  • PROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 08/30/2018
  • Association of Attorney; Filed by Nishan Odabashian (Legacy Party); Noah Odabashian (Plaintiff)

    Read MoreRead Less
  • 08/30/2018
  • ASSOCIATION FOR COUNSEL

    Read MoreRead Less
  • 04/02/2018
  • Summons Issued; Filed by Clerk

    Read MoreRead Less
  • 04/02/2018
  • Summons; Filed by Clerk

    Read MoreRead Less
  • 04/02/2018
  • SUMMONS

    Read MoreRead Less
  • 03/28/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

    Read MoreRead Less
  • 03/28/2018
  • Application ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 02/23/2018
  • Complaint; Filed by null

    Read MoreRead Less
  • 02/23/2018
  • COMPLAINT FOR DAMAGES: 1. MEDICAL NEGLIGENCE.

    Read MoreRead Less

Tentative Rulings

Case Number: BC695280    Hearing Date: February 28, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

NOAH ODABASHIAN, ETC.,

Plaintiff(s),

vs.

JOSEPH OUZOUNIAN, M.D., ET AL.,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

)

CASE NO: BC695280

[TENTATIVE] ORDER

Dept. 31

1:30 p.m.

February 28, 2020

Plaintiff, Noah Odabashian, a minor by and through his GAL, Nishan Odabashian filed this action against Defendants, Joseph Ouzounian, M.D., et al., for medical malpractice arising out of complications relating to his mother’s pregnancy and his birth, which complications resulted in severe and permanent disabilities. 

Plaintiff, by and through his attorney and GAL, has agreed to settle all claims with USC Perinatal Group, Dr. Joseph Ouzounian, and Dr. Shirley Chan for the total amount of $7 million.  If the settlement is approved, $145,801.33 will be used for medical expenses, $1,100,439 for attorneys’ fees, and $470,312 for “costs.”  The remaining balance will be used to fund a special needs trust.

The Court has reviewed the settlement and finds it is fair and reasonable.  The attorneys’ fees requested are in compliance with MICRA, and therefore also fair and reasonable.  The Court denies the petition without prejudice, however, due to the request for $470,312 in costs.  These costs include $300,000 being paid to Plaintiff’s mother to compensate her for taking care of Plaintiff over the past ten years, plus $28,799 being paid to Plaintiff’s parents for various out-of-pocket costs paid in connection with Plaintiff’s care since his birth.  The Court all of the settlement money must go into the special needs trust, and then Petitioner can ask the probate court for any money to cover expenses that Petitioner believes is reasonable.   The Court notes that Petitioner cites to Hanif Housing Authority (1988) 200 Cal.App.3d 635 to support his position that compensating Plaintiff’s mother is appropriate.  Hanif held that the costs of a parent caring for a child can be an item of damages assessed against a defendant; Hanif did not, however, hold that these costs inure to the benefit of the parent and not to the child.  In that case, the damages were part of the child’s damages award.  Their apportionment was not at issue.  The probate court oversees all minor’s comp settlement proceeds, and the Court asks Petitioner to direct any requests for disbursement of funds to the probate court. 

When Petitioner re-files the petition, the Court asks that Petitioner be sure to tab the courtesy copy delivered to the courtroom and use the “outline” feature online to create virtual tabs.  When reviewing voluminous papers, tabs are essential to facilitate easy reference of the exhibits. 

The Court will, at the time of the hearing, discuss the probate attorney’s notes concerning the special needs trust with Petitioner and Counsel.  The Court will also hear testimony from Petitioner, in compliance with CRC 7.952, concerning the terms of the settlement. 

Petitioner is ordered to give notice.

Dated this 28th day of February, 2020

Hon. Jon Takasugi

Judge of the Superior Court