Alshafie
Alshafie v. Lallande
Opinion
Opinion
Perluss, J.
Nihad Alshafie, on his own behalf and as guardian ad litem for his daughter Heba Alshafie, appeals from the judgment entered after his legal malpractice action was dismissed because Nihad, who lives out of state, failed to post an undertaking to secure an award of costs. Because the trial court failed to follow a procedure that ensured Nihad received a full and fair hearing on the question whether he could afford to post a bond, we reverse and remand for a new determination of Nihad’s financial condition.
FACTUAL AND PROCEDURAL BACKGROUND
1. The First Medical Malpractice Action
Nihad’s wife Sana had given birth to a child in 1988 by Caesarian section. Pregnant again in 1997, Sana elected to have a vaginal delivery of her child after being informed of the risks of doing so, including the risk of a uterine rupture, following an earlier Caesarian delivery.
Sana, who had received prenatal care at Daniel Freeman Maternity Center, an entity affiliated with University of California, Los Angeles, and the Regents of the University of California (Regents), went to Daniel Freeman Hospital on June 10, 1997 for a scheduled induction of labor. On June 11, 1997, more than 24 hours…