This case was last updated from Los Angeles County Superior Courts on 10/30/2021 at 03:40:51 (UTC).

CHRISTINE SCLAFANI VS ROGER TSAI M D

Case Summary

On 01/31/2018 CHRISTINE SCLAFANI filed a Personal Injury - Medical Malpractice lawsuit against ROGER TSAI M D. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are KRISTIN S. ESCALANTE and MARK A. BORENSTEIN. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2156

  • Filing Date:

    01/31/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Medical Malpractice

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

KRISTIN S. ESCALANTE

MARK A. BORENSTEIN

 

Party Details

Petitioner and Plaintiff

SCLAFANI CHRISTINE

Respondents and Defendants

TSAI ROGER M.D.

DOES 1 TO 50

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

IARSUSSO & DAGHER

DAGHER NICHOLAS F ESQ.

Defendant Attorney

MCKENNA ROBERT LOWELL III ESQ.

 

Court Documents

COMPLAINT FOR MEDICAL NEGLIGENCE

1/31/2018: COMPLAINT FOR MEDICAL NEGLIGENCE

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

7/17/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Request for Entry of Default / Judgment

9/24/2019: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

10/3/2019: Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment

10/24/2019: Request for Entry of Default / Judgment

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: RESPONSE OF DEFENDANT OR ENTRY OF DEF...)

10/25/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: RESPONSE OF DEFENDANT OR ENTRY OF DEF...)

Request - REQUEST FOR STATEMENT OF DAMAGES

11/12/2019: Request - REQUEST FOR STATEMENT OF DAMAGES

Answer

11/12/2019: Answer

Declaration - DECLARATION TRIAL ATTORNEY PURSUANT TO SECTION 9

11/12/2019: Declaration - DECLARATION TRIAL ATTORNEY PURSUANT TO SECTION 9

Demand for Jury Trial

11/12/2019: Demand for Jury Trial

Notice of Posting of Jury Fees

11/12/2019: Notice of Posting of Jury Fees

Notice of Rejection Default/Clerk's Judgment

11/14/2019: Notice of Rejection Default/Clerk's Judgment

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT AND SUBMITTAL OF DEF...)

1/13/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT AND SUBMITTAL OF DEF...)

Notice of Ruling

1/15/2020: Notice of Ruling

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

2/26/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

Notice of Ruling

2/28/2020: Notice of Ruling

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

3/11/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

3/11/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

35 More Documents Available

 

Docket Entries

  • 10/20/2021
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 10/06/2021
  • Docketat 10:00 AM in Department 29, Kristin S. Escalante, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 02/01/2021
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal - Not Held - Vacated by Court

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  • 01/12/2021
  • Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion for Summary Judgment (As to Plaintiff's Complaint, Pursuant to CCP Section 437c, Filed by Deendant Roger Tsai, M.D.) - Not Held - Taken Off Calendar by Party

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  • 01/12/2021
  • DocketMinute Order ( (Hearing on Motion for Summary Judgment As to Plaintiff's Comp...)); Filed by Clerk

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  • 01/11/2021
  • DocketRequest for Dismissal (WITH PREJUDICE AS TO THE ENTIRE ACTION); Filed by Christine Sclafani (Plaintiff)

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  • 01/04/2021
  • DocketNotice (Tsai's Notice of Non-Opposition to Motion for Summary Judgment); Filed by Roger, M.D. Tsai (Defendant)

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  • 12/18/2020
  • Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion for Terminating Sanctions (And Dismissal of Action Filed by Plaintiff With Prejudice, Filed by Defendant Rogert Tsai , M.D.) - Held

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  • 12/18/2020
  • DocketNotice of Ruling; Filed by Roger, M.D. Tsai (Defendant)

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  • 12/18/2020
  • DocketMinute Order ( (Hearing on Motion for Terminating Sanctions And Dismissal of ...)); Filed by Clerk

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54 More Docket Entries
  • 10/03/2019
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 09/24/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Christine Sclafani (Plaintiff)

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  • 07/31/2019
  • Docketat 08:30 AM in Department 2, Mark A. Borenstein, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 07/17/2019
  • Docketat 10:00 AM in Department 2, Mark A. Borenstein, Presiding; Final Status Conference - Held

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  • 07/17/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 06/04/2018
  • DocketProof of Service of Summons and Complaint

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  • 06/04/2018
  • DocketProof-Service/Summons; Filed by Christine Sclafani (Plaintiff)

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  • 01/31/2018
  • DocketCOMPLAINT FOR MEDICAL NEGLIGENCE

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  • 01/31/2018
  • DocketComplaint; Filed by Christine Sclafani (Plaintiff)

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  • 01/31/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC692156    Hearing Date: January 12, 2021    Dept: 29

Sclafani v. Tsai

The Motion for Summary Judgment filed by Roger Tsai, MD is GRANTED. (Code Civ. Proc. § 437c(p)(2).)

Plaintiff Christine Sclafani alleges she was injured due to the medical negligence of Defendant Roger Tsai, M.D. in connection with liposuction and fat transfer procedures. Dr. Tsai moves for summary judgment. Plaintiff has not opposed.

To make out a claim for medical negligence, a plaintiff must establish the following elements: “’(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence.'” Hanson v. Grode (1999) 76 Cal.App.4th 601, 606–607.

The required standard of care owed by a medical professional is a matter peculiarly within the knowledge of experts. Hanson at 606–607. The element of causation must also be proven with expert testimony. Jones v. Ortho Pharm. Corp. (1985) 163 Cal. App. 3d 396, 402.

Dr. Tsai presented evidence sufficient to meet his initial burden that he acted within the applicable standard of care in connection with his treatment of Plaintiff. Dr. Tsai presented the declaration of Athleo L. Cambre, Jr., M.D., a board certified plastic surgeon who is qualified to testify as an expert in this matter. Dr. Cambre has reviewed the relevant medical records and other relevant documents and opines that Dr. Tsai’s actions complied with the prevailing standard of care at all times. There are no objections to this declaration.

Dr. Cambre’s declaration is sufficient to shift the burden to Plaintiff to present controverting evidence to raise a triable issue of fact. Ms. Sclafani has not opposed the motion and has not presented any controverting evidence. Dr. Tsai is thus entitled to summary judgment.

The hearing on this motion was originally set for October 27, 2020, but Plaintiff’s counsel appeared and stated that he had not received notice of the hearing date. The court continued the hearing to provide Plaintiff with an opportunity to respond. The court set the new hearing date in open court. As noted, no opposition papers have been filed.

Moving party is ordered to give notice.

Case Number: BC692156    Hearing Date: December 18, 2020    Dept: 29

Sclafani v. Tsai BC692156

Defendant’s Motion for Terminating Sanctions and Dismissal of Action With Prejudice is DENIED.

On 7/27/20, the Court granted Defendant’s four motions to compel Plaintiff’s responses to written discovery and to deem Requests for Admission admitted. Motion, Exhibit. A. Plaintiff appeared at the hearing but did not file an opposition.

On the same day, Defendant gave Plaintiff written notice of the court’s ruling. Motion, Exhibit A. Plaintiff did not serve responses to the written discovery as ordered by the court. Declaration of Kaytee V. Costa, ¶ 14.

Defendant now moves for terminating sanctions for Plaintiff’s failure to comply with the court’s order. Plaintiff has not filed a written opposition to this motion.

The Court is extremely troubled by Plaintiffs’ failure to comply with the Court’s order. However, “terminating sanctions are to be used sparingly because of the drastic effect of their application.” Department of Forestry & Fire Protection v. Howell (2017) 18 Cal. App. 5th 154, 191-92. Sanctions are generally imposed in an incremental approach, with terminating sanctions being the last resort.

The court concludes that the incremental approach is appropriate here, but Defendant has not sought evidentiary, issue or further monetary sanctions. Plaintiff is admonished that she must comply with the Court’s previous orders to provide written, verified responses to avoid further sanctions, up to and including terminating sanctions resulting in the dismissal of Plaintiff’s case. If Plaintiff fails to comply within 15 days of notice of this order, Defendant may renew the motion for terminating sanctions.

Moving party is ordered to give notice.

Case Number: BC692156    Hearing Date: October 27, 2020    Dept: 29

SCLAFANI  V.  TSAI

The Motion for Summary Judgment filed by Roger Tsai, MD is GRANTED. (Code Civ. Proc. § 437c(p)(2).)

Plaintiff Christine Sclafani alleges she was injured due to the medical negligence of Defendant Roger Tsai, M.D. in connection with liposuction and fat transfer procedures. Dr. Tsai moves for summary judgment. Plaintiff has not opposed.

To make out a claim for medical negligence, a plaintiff must establish the following elements: “’(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence.'” Hanson v. Grode (1999) 76 Cal.App.4th 601, 606–607.

The required standard of care owed by a medical professional is a matter peculiarly within the knowledge of experts. Hanson at 606–607. The element of causation must also be proven with expert testimony. Jones v. Ortho Pharm. Corp. (1985) 163 Cal. App. 3d 396, 402.

Dr. Tsai presented evidence sufficient to meet his initial burden that he acted within the applicable standard of care in connection with his treatment of Plaintiff. Dr. Tsai presented the declaration of Athleo L. Cambre, Jr., M.D., a board certified plastic surgeon who is qualified to testify as an expert in this matter. Dr. Cambre has reviewed the relevant medical records and other relevant documents and opines that Dr. Tsai’s actions complied with the prevailing standard of care at all times.

Dr. Cambre’s declaration is sufficient to shift the burden to Plaintiff to present controverting evidence to raise a triable issue of fact. Ms. Sclafani has not opposed the motion and has not presented any controverting evidence. Dr. Tsai is thus entitled to summary judgment.

Moving party is ordered to give notice.

Case Number: BC692156    Hearing Date: July 27, 2020    Dept: 29

Sclafani v. Tsai

Defendant’s Three Motions to Compel Plaintiff’s Responses to Form Interrogatories, Set One; Special Interrogatories, Set One; Request for Production of Documents, Set One; and Request for Sanctions are GRANTED.

Plaintiff, Christine Sclafani, is ordered to provide verified responses without objection to Form Interrogatories, Special Interrogatories, and Request for Production of Documents within 20 days. Cal Code Civil Procedure § 2030.290, § 2031.300.

Defendant served the foregoing discovery on 11/15/19. Ex. A to all motions. Plaintiff has not responded despite attempts to meet and confer with Plaintiff's counsel. Ex. B-G.

The Court imposes total sanctions for all three motions of $780.00 against Plaintiff, Christine Sclafani , and her counsel of record, Iarusso & Dagher, jointly and severally, for the failure to respond to authorized methods of discovery which is discovery abuse. Cal Code Civil Procedure §2023.010(d), payable within 20 days.

Defendant’s Motion to Deem Requests for Admission, Set One, Admitted is GRANTED. The Requests for Admission served on Plaintiff on 4/27/20 are deemed admitted. Cal Code Civ Procedure § 2033.280(c).

Moving party is ordered to give notice.

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