On Dec. 5, 2012, at around 10 a.m. plaintiff Dalen Galceran, 6, was in Jodie Bradshaw’s first grade class at California Elementary School when his classmate, “Anthony,” flipped a pencil from the edge of his desk. The pencil subsequently struck Dalen in the right eye. Jeff Galceran, acting as Dalen’s guardian ad litem, sued the school’s operator, Orange Unified School District; his former first-grade teacher, Jodie Bradshaw; his classmate, Ricardo Anthony Infante (who was initially erroneously sued as Anthony Fonte; and his former classmate’s parents, Mr. and Mrs. Infante. Jeff Galceran alleged that the defendants were all generally negligent and that Bradshaw and the school district negligently supervised the students. Having failed to locate the classmate or the classmate’s parents, plaintiff’s counsel sought, and obtained, an entry of default against them. Plaintiff’s counsel argued that Orange Unified School District and Bradshaw failed to adequately supervise the first grade class. Counsel contended that any sort of supervision should have been provided for the classroom, but that Dalen was out of his seat for a long period of time and was seriously injured, while the teacher knew nothing about the entire incident until recess. Counsel for Orange Unified School District and Bradshaw argued that what happened to Dalen was a sudden and spontaneous accident for which the school district and teacher were not liable., After the incident, Dalen’s mother picked him up from school and took him home. She then brought him to a pediatrician later that afternoon, at around 4:45 p.m., and Dalen was administered antibiotic eye drops and provided with an eye patch. Dalen was also referred to an ophthalmologist, who he saw the next day, at around 3 p.m., and was diagnosed with a ruptured lens. Immediately thereafter, he was taken to a hospital for surgery to remove the lens in his right eye. Approximately one or two months later, in January or February 2013, Dalen underwent a second surgery to remove the sutures in his right eye. He then required a third surgery in late August 2014 to correct the “lazy eye” condition he developed. Plaintiff’s counsel contended that Dalen is left with a scarred cornea, resulting in uncorrected visual acuity in his right eye of 20/400. Counsel contended that as a result, Dalen is considered legally blind. Plaintiff’s counsel also contended that Dalen will likely require additional surgeries, including a corneal transplant, an intra-ocular lens implant, and other procedures, and that Dalen will continue to require these surgeries for the rest of his life. Thus, Dalen sought recovery of $31,175.80 in past medical costs, $35,448.12 in future medical costs, and $1.8 million in non-economic damages for his physical pain and mental suffering.