Shaham v. Nejat Rostami Med. Group
Plaintiff Dr. Elsagav Shaham (Dr. Shaham) sued defendant Nejat Rostami Medical Group, Inc. (the Medical Group) for breach of contract based on allegations that the Medical Group failed to pay Dr. Shaham for over 300 obstetric deliveries that he performed on the Medical Group's patients over a five-year period. The parties stipulated that if they could not settle the matter to their mutual satisfaction, the trial court would resolve the matter based on briefs submitted by each party. After the parties did not reach a settlement, Dr. Shaham moved to rescind the stipulation. The trial court denied Dr. Shaham's motion and, pursuant to the stipulation, resolved the matter based on the parties' briefs.
The trial court divided the deliveries at issue into three categories: (1) deliveries for which Dr. Shaham could not collect payment from the Medical Group because the four-year statute of limitations had expired on those claims; (2) deliveries for which Dr. Shaham could not collect payment from the Medical Group for reasons unrelated to the statute of limitations; (3) deliveries for which Dr. Shaham was entitled to payment from the Medical Group. For this third category of deliveries, the trial court awarded Dr. Shaham $68,500 in damages and $4,973.29 in interest.
On appeal, Dr. Shaham contends: (1) the trial court improperly denied his motion to rescind the stipulation; (2) the discovery rule tolled the statute of limitations on the first category of deliveries; (3) he is entitled to additional interest for the third category of deliveries; and (4) he is entitled to $9,565 in accounting fees that he paid his daughter during the litigation. Dr. Shaham does not dispute the trial court's ruling on the second category of deliveries. We affirm.
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