Gregory v. Abou-Samra CA2/6

Facts and Procedural History In December 2009, appellant underwent surgery for a brain tumor. Dr. Aria Sabit was the surgeon, and respondent, Dr. Sabit's employer, acted as assistant surgeon. Appellant subsequently filed a complaint against Dr. Sabit, respondent, and Community Memorial Health Care System (CMHCS) for negligence. Dr. Sabit was

1 Undesignated statutory references are to the Code of Civil Procedure. also sued for fraud and intentional infliction of emotional distress. The complaint was later amended to add a claim for punitive damages against Dr. Sabit, based on the allegation he intentionally misled appellant to believe her tumor had been removed. She also alleged that respondent knew the tumor had not been removed and failed to provide proper follow-up treatment. Appellant settled with Dr. Sabit for approximately $530,000, and with CMHCS for $20,000. After these settlements, respondent served appellant with an offer to compromise pursuant to section 998. Respondent offered to waive all statutory costs incurred to date and all rights to sue appellant and her attorney for malicious prosecution, in exchange for a dismissal with prejudice in favor of respondent.…