Eunice Moseley v. Victor De Los Santos DDS Inc., et al.
Published: Mar. 4, 2017 | Result Date: Oct. 7, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC621777 Demurrer – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Brian P. Kamel
(Brian P Kamel & Associates)
Facts
Eunice Moseley sued Victor De Los Santos DDS Inc. and Health Net of California Inc., in connection with an allegedly botched dental procedures.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff allegedly underwent two root canals on April 21, 2015 performed by Dr. De Los Santos at his office in Long Beach. Plaintiff was allegedly in pain due to the dentist's failure to administer adequate pain medication. The dentist also allegedly punctured plaintiff's tongue during the alleged administration of pain medication, causing it to bleed a year later. Plaintiff therefore sued the dentist and Health Net, which plaintiff accused of abetting in the unlicensed dental practice and unprofessional conduct. Plaintiff asserted causes of action for negligence, intentional torts, and other claims.
DEFENDANTS' CONTENTIONS:
Defendants demurred on statute of limitations grounds. Plaintiff allegedly filed her medical malpractice action beyond the one-year limitations period.
Damages
Moseley claimed physical damage to her tongue and unseen damage to her tongue. Moseley contended that her tongue continued to bleed one year after the alleged incident.
Result
The court sustained the demurrer without leave to amend.
Other Information
FILING DATE: May 27, 2016.
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