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This case was last updated from Los Angeles County Superior Courts on 07/02/2019 at 01:20:21 (UTC).

SERKIS ASADORIAN GHARGHANI ET AL VS GLENDALE ADVENTIST

Case Summary

On 04/20/2015 SERKIS ASADORIAN GHARGHANI filed a Personal Injury - Medical Malpractice lawsuit against GLENDALE ADVENTIST. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9168

  • Filing Date:

    04/20/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiffs and Petitioners

GHARGHANI SERKIS ASADORIAN

GHARGHANI SEVANA ASADOORIAN

Defendants and Respondents

DOES 1-100

GLENDALE ADVENTIST MEDICAL CENTER

WANG ON. M.D.

LEE ERIC. M.D. DOE 1

SIMON M. KEUSHKERIAN M.D. DOE 2

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICES OF BRUCE M. BUNCH

BUNCH BRUCE MONROE

Defendant Attorneys

WEND CHRISTOPHER P

MCANDREWS THOMAS F. ESQ.

 

Court Documents

SEPARATE STATEMENT IN SUPPORT OF DEFENDANT ON WANG, M.D.'S MOTION FOR SUMMARY JUDGMENT

1/3/2018: SEPARATE STATEMENT IN SUPPORT OF DEFENDANT ON WANG, M.D.'S MOTION FOR SUMMARY JUDGMENT

AMENDMENT TO COMPLAINT

3/1/2018: AMENDMENT TO COMPLAINT

AMENDMENT TO COMPLAINT

3/1/2018: AMENDMENT TO COMPLAINT

NOTICE OF TAKING DEFENDANT ON WANG, M.D.'S MOTION FOR SUMMARY JUDGMENT OFF CALENDAR

3/8/2018: NOTICE OF TAKING DEFENDANT ON WANG, M.D.'S MOTION FOR SUMMARY JUDGMENT OFF CALENDAR

EX PARTE

5/3/2018: EX PARTE

NOTICE OF RULING

5/4/2018: NOTICE OF RULING

NOTICE OF FIRM NAME CHANGE

5/25/2018: NOTICE OF FIRM NAME CHANGE

NOTICE OF MOTION AND MOTION TO DISMISS FOR DELAY IN SERVICE OF SUMMONS AND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION; EXHIBIT

7/13/2018: NOTICE OF MOTION AND MOTION TO DISMISS FOR DELAY IN SERVICE OF SUMMONS AND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION; EXHIBIT

Statement of Damages (Personal Injury or Wrongful Death)

8/2/2018: Statement of Damages (Personal Injury or Wrongful Death)

ORDER RE: PLAINTIFFS' MOTION TO CONTINUE TRIAL

8/17/2018: ORDER RE: PLAINTIFFS' MOTION TO CONTINUE TRIAL

REQUEST FOR DISMISSAL

9/11/2018: REQUEST FOR DISMISSAL

Notice

10/16/2018: Notice

PROOF OF SERVICE SUMMONS

1/9/2017: PROOF OF SERVICE SUMMONS

ANSWER TO COMPLAINT

1/23/2017: ANSWER TO COMPLAINT

DECLARATION OF TRIAL ATTORNEY PURSUANT TO SECTION 9 OF THE CALIFORNIA RULES OF COURT JUDICIAL ADMINISTRATION STANDARDS

1/23/2017: DECLARATION OF TRIAL ATTORNEY PURSUANT TO SECTION 9 OF THE CALIFORNIA RULES OF COURT JUDICIAL ADMINISTRATION STANDARDS

CIVIL DEPOSIT

5/11/2017: CIVIL DEPOSIT

NOTICE OF CONTINUANCE OF TRIAL AND FINAL STATUS CONFERENCE

9/20/2017: NOTICE OF CONTINUANCE OF TRIAL AND FINAL STATUS CONFERENCE

ORDER RE: MOTION TO CONTINUE TRIAL

11/14/2017: ORDER RE: MOTION TO CONTINUE TRIAL

51 More Documents Available

 

Docket Entries

  • 04/17/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 04/03/2019
  • at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 04/03/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 02/13/2019
  • Notice of Entry of Dismissal and Proof of Service; Filed by On., M.D. Wang (Defendant)

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  • 01/23/2019
  • Request for Dismissal; Filed by Serkis Asadorian Gharghani (Plaintiff); Sevana Asadoorian Gharghani (Plaintiff)

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  • 01/17/2019
  • Notice of Entry of Dismissal and Proof of Service; Filed by Simon M. Keushkerian, M.D., (DOE 2) (Defendant)

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  • 01/08/2019
  • Request for Dismissal; Filed by Serkis Asadorian Gharghani (Plaintiff)

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  • 11/28/2018
  • at 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion to Quash ((Legacy)) - Not Held - Taken Off Calendar by Party

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  • 11/28/2018
  • Minute Order ((Legacy Event Type : Motion to Quash)); Filed by Clerk

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  • 10/16/2018
  • Notice (OF TAKING MOTION TO DISMISS AND MOTION TO QUASH OFF CALENDAR)

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135 More Docket Entries
  • 10/03/2016
  • Minute order entered: 2016-10-03 00:00:00; Filed by Clerk

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  • 10/03/2016
  • Minute Order

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  • 04/20/2015
  • Complaint; Filed by Serkis Asadorian Gharghani (Plaintiff); Sevana Asadoorian Gharghani (Plaintiff)

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  • 04/20/2015
  • ORDER ON COURT FEE WAIVER

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  • 04/20/2015
  • Order on Court Fee Waiver (Superior Court); Filed by Clerk

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  • 04/20/2015
  • Request to Waive Court Fees; Filed by Serkis Asadorian Gharghani (Plaintiff)

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  • 04/20/2015
  • Request to Waive Court Fees; Filed by Sevana Asadoorian Gharghani (Plaintiff)

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  • 04/20/2015
  • Order on Court Fee Waiver (Superior Court); Filed by Clerk

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  • 04/20/2015
  • ORDER ON COURT FEE WAIVER

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  • 04/20/2015
  • COMPLAINT FOR MEDICAL MALPRACTICE (WRONGFUL DEATH)

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Tentative Rulings

Case Number: BC579168    Hearing Date: August 20, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Spring Street Courthouse, Department 32

serkis asadorian gharghani, et al.,

Plaintiffs,

v.

glendale adventist medical center, et al.,

Defendants.

Case No.: BC579168

Hearing Date: August 20, 2020

[TENTATIVE] order RE:

MOTION FOR SUMMARY JUDGMENT

Background

Plaintiffs Serkis Asadorian Gharghani and Sevana Asadorian Gharghanis (collectively, “Plaintiffs”) filed this medical malpractice action against Defendant Eric Lee, M.D. (“Defendant”), among others, following the death of their parent, Araks Tahmazian (“Decedent”). Defendant moves for summary judgment on Plaintiffs’ complaint. Plaintiffs filed no opposition to the motion, which is granted.

LEGAL STANDARD

“[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . .  There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.”  (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.)  “[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact.”  (Ibid.)  In ruling on the motion, “the court may not weigh the plaintiff's evidence or inferences against the defendant[’s] as though it were sitting as the trier of fact.”  (Id. at 856.)  However, the court “must . . . determine what any evidence or inference could show or imply to a reasonable trier of fact.”  (Ibid., emphasis original.)  

DISCUSSION

To prevail on a claim for professional negligence against a medical professional, a plaintiff must demonstrate that: (1) a medical professional had a duty to use the skill, prudence and diligence that members of the profession commonly possess and exercise; (2) breach of that duty; (3) an injury that resulted from the breach of that duty; and (4) actual loss or damage resulting from the breach of that duty. (Banerian v. O’Malley (1974) 42 Cal.App.3d 604, 612.) Expert testimony is the only admissible evidence on breach of the standard of care. (Landeros v. Flood (1976) 17 Cal.3d 399, 410.)

Defendant relies on the declaration of Gregory S. Thomas, M.D. (“Thomas”), who specializes in internal medicine and cardiology. Thomas reviewed Decedent’s medical records, as well as discovery materials from this case. Thomas states that Defendant’s treatment of Decedent was within the standard of care at all times. (Declaration of Gregory S. Thomas, M.D., ¶ 17.) Thomas further states that nothing Defendant did or failed to do caused or contributed to Decedent’s death. (Declaration of Gregory S. Thomas, ¶ 21.) This evidence is sufficient to meet Defendant’s burden, shifting the burden to Plaintiffs to proffer sufficient evidence to give rise to a triable issue.

Plaintiffs have not opposed the motion or proffered an evidence to give rise to a triable issue. Nor does the record contain any such evidence. Therefore, Defendant’s motion for summary judgment is granted.

CONCLUSION AND ORDER

The motion for summary judgment is granted. Defendant shall provide notice and file proof of such with the Court.

DATED: August 20, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

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