Gregory Morris, Annette Morris v. Roger Hamel, Roger Hamel, D.D.S. Inc.
Published: Feb. 1, 2005 | Result Date: Dec. 15, 2004 | Filing Date: Jan. 1, 1900 |Case number: 03CC13874 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Thomas G. Wianecki
(Wesierski & Zurek LLP)
Experts
Plaintiff
George Finder
(technical)
Defendant
Richard Buccigross
(technical)
Facts
The plaintiff Annette Morris signed an agreement with the defendant's office that a failed or cancelled appointment with less than 24-hour notice would result in a charge. The term "failed" was not defined. The plaintiff allegedly violated this policy three times but was not charged because the defendant Dr. Roger Hamel was able to perform other work. Based on testimony of the defendant and his staff at trial, the plaintiff was told twice in writing of the need for root scaling and planings and that the co-payment would be $104. The plaintiff disputed this. Again, based on testimony by defendant at trial, she was told the $104 amount. A 90-minute appointment was made for Annette Morris on Oct. 8, 2004. On Oct. 8, she arrived to have a "continuation of the teeth cleaning." As the cleaning was about to start, Linda Vallejo, a dental hygienist, informed the plaintiff that the procedure would entail her co-payment of $104. The plaintiff refused to pay and left the office. As a result, the defendant allegedly lost 90 minutes by the registered dental hygienist. Annette Morris was told there would be a charge if she left. The office charged the plaintiff $100 for failed appointment. The plaintiffs disputed the charge by writing two letters to the defendant. Specifically, they accused the office of billing their insurance for full mouth x-rays that weren't taken. They also reported the defendant's office to the State Board, the Better Business Bureau and the dental insurance company. All three entities declined to intervene. The defendant then turned the matter over to collection after four months of attempting to collect $100 charge. At the time the matter was sent to collection, the plaintiff's balance was $114, the defendant however added an additional $50. Both parties accused the other of abusive and rude behavior. Gregory Morris supposedly called a Wells Fargo Mortgage lender in January 2003 about refinancing his home. He filed a loan application in May 2003 but withdrew that application. Annette Morris no longer qualified for a 4.75 percent rate on a stated income loan allegedly due to the collection the defendant reported on his credit. Gregory Morris attempted to refinance with another lender but was rejected. In order to finally qualify for the best rate, Gregory Morris quit-claimed his interest in the property to his wife and the property was refinanced at 5.99 percent as opposed to 4.75 percent.
Settlement Discussions
The defendants offered $7,500 by way of C.C.P. Section 998. At the mandatory settlement conference, the defendants refused to make any offer. The plaintiffs' demands were always more than $100,000 until the MSC when a $73,000 demand was made.
Damages
The plaintiffs claimed $110,000 loss of favorable loan rate over 30 years and a $300,000 loss of borrowing capability.
Length
six days
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