On Sept. 11, 2010, plaintiff Idalia Morgutia, 47, a secretary, allegedly went to a Vallarta Supermarket in Fresno to purchase store-made guacamole from the deli. Morgutia claimed that while eating the guacamole with chips at home later in the day, she bit down on a metal nut, causing fractures to three of her teeth. Morgutia sued Vallarta Food Enterprises Inc. Morgutia alleged that Vallarta Supermarket negligently placed a foreign object (a metal nut) in the store-made guacamole she purchased. She presented the alleged nut in question at trial as evidence. Vallarta’s counsel argued that Morgutia’s claim was a total fabrication, noting that Morgutia had no witnesses to the alleged incident. Thus, counsel argued that the event never occurred., Morgutia treated with her dentist one month after the alleged incident, when she was examined for fractures to teeth numbers 13, 15 and 18. She then did not treat with a dentist again until two years later, when she received a $9,000 estimate to fix all three teeth. Morgutia claimed that she experiences pain and discomfort in her teeth and that she has difficulty eating. Thus, she sought recovery of $350 for a few days of missed work, $1,000 in past medical costs for two dentist visits/exams and $9,000 in future medical costs. She also sought recovery of damages for her past and future pain and suffering. Defense counsel argued, via testimony from the plaintiff’s treating dentist and her dental records, that Morgutia’s three fractured teeth predate the alleged incident. Counsel also argued that Morgutia failed to disclose, and lied about, her prior dental treatment, which also included nine pulled teeth and several cavity fillings. As such, defense counsel argued that all of Morgutia’s alleged teeth were pre-existing.