This case was last updated from Los Angeles County Superior Courts on 11/11/2020 at 00:04:29 (UTC).

DALIUS KARUNA VS JULIE VALENTINE DDS ET AL

Case Summary

On 11/07/2017 DALIUS KARUNA filed an Other lawsuit against JULIE VALENTINE DDS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARK A. BORENSTEIN and KRISTIN S. ESCALANTE. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2730

  • Filing Date:

    11/07/2017

  • Case Status:

    Other

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MARK A. BORENSTEIN

KRISTIN S. ESCALANTE

 

Party Details

Plaintiff

KARUNA DALIUS

Defendants

VALENTINE DDS JULIE

YADEGAR DDS JOSHUA

Attorney/Law Firm Details

Plaintiff Attorney

MCCULLOCH ROBERT JOSEPH ESQ.

Defendant Attorneys

KAMEL BRIAN PATRICK ESQ.

WRIGHT DAVID M ESQ.

 

Court Documents

Notice of Ruling

10/23/2019: Notice of Ruling

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DATES

10/23/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DATES

Minute Order - MINUTE ORDER (- HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL R...)

10/23/2019: Minute Order - MINUTE ORDER (- HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL R...)

Separate Statement

11/1/2019: Separate Statement

Motion for Summary Judgment

11/1/2019: Motion for Summary Judgment

Declaration - DECLARATION DECLARATION OF EVAN A. GUZE IN SUPPORT OF DEFENDANT JOSHUA YADEGAR, DDS'S, MOTION FOR SUMMARY JUDGMENT

11/1/2019: Declaration - DECLARATION DECLARATION OF EVAN A. GUZE IN SUPPORT OF DEFENDANT JOSHUA YADEGAR, DDS'S, MOTION FOR SUMMARY JUDGMENT

Request for Dismissal

12/13/2019: Request for Dismissal

Response - RESPONSE TO DEFENDANT'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

12/31/2019: Response - RESPONSE TO DEFENDANT'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

Opposition - OPPOSITION TO MOTION TO DEFENDANT'S SUMMARY JUDGMENT

12/31/2019: Opposition - OPPOSITION TO MOTION TO DEFENDANT'S SUMMARY JUDGMENT

Declaration - DECLARATION IN SUPPORT OF PLAINTIFF'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

12/31/2019: Declaration - DECLARATION IN SUPPORT OF PLAINTIFF'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

Reply - REPLY REPLY OF DEFENDANT YADEGAR TO OPPOSITION TO MSJ

1/14/2020: Reply - REPLY REPLY OF DEFENDANT YADEGAR TO OPPOSITION TO MSJ

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANT JOS...)

1/21/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANT JOS...)

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE NOTICE OF SETTLEMENT)

1/30/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE NOTICE OF SETTLEMENT)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE NOTICE OF SETTLEMENT) OF 01/30/2020

1/30/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE NOTICE OF SETTLEMENT) OF 01/30/2020

Notice of Settlement

1/30/2020: Notice of Settlement

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/15/2020

4/15/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/15/2020

Minute Order - MINUTE ORDER (COURT ORDER)

4/15/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Request for Dismissal

4/23/2020: Request for Dismissal

20 More Documents Available

 

Docket Entries

  • 11/09/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal - Not Held - Advanced and Vacated

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  • 09/10/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by Court

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  • 05/01/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Continued - Court's Motion

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  • 04/23/2020
  • DocketRequest for Dismissal; Filed by DALIUS KARUNA (Plaintiff)

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  • 04/15/2020
  • Docketat 4:09 PM in Department 29, Kristin S. Escalante, Presiding; Court Order

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  • 04/15/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 04/15/2020
  • DocketCertificate of Mailing for ((Court Order) of 04/15/2020); Filed by Clerk

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  • 02/25/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 02/07/2020
  • Docketat 10:00 AM in Department 29, Kristin S. Escalante, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 01/30/2020
  • Docketat 1:46 PM in Department 29, Kristin S. Escalante, Presiding; Non-Appearance Case Review

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38 More Docket Entries
  • 01/16/2018
  • DocketAnswer; Filed by JULIE VALENTINE DDS (Defendant)

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  • 01/16/2018
  • DocketAnswer

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  • 01/16/2018
  • DocketDefendant Julie Valentine, D.D.S.' Demand for Jury Trial

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  • 01/08/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/08/2018
  • DocketProof-Service/Summons; Filed by DALIUS KARUNA (Plaintiff)

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  • 01/08/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 11/07/2017
  • DocketCOMPLAINT FOR DENTAL NEGLIGENCE

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  • 11/07/2017
  • DocketComplaint; Filed by DALIUS KARUNA (Plaintiff)

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  • 11/07/2017
  • DocketSUMMONS

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  • 01/08/2013
  • DocketProof-Service/Summons; Filed by DALIUS KARUNA (Plaintiff)

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Tentative Rulings

Case Number: ****2730    Hearing Date: January 21, 2020    Dept: 29

Karuna v. Valentine et al.

Motion for Summary Judgment by Defendant Joshua Yadegar, D.D.S., is DENIED. Defendant has not established that he is entitled to judgment in his favor based on the material facts proffered, which remain in dispute. Cal. Code Civil Procedure ; 437c(p)(2).

In the complaint, Plaintiff alleges that Defendant Joshua Yadegar, D.D.S negligently provided dental care, causing Plaintiff to suffer permanent nerve damage.

Dr. Yadegar moves for summary judgment, claiming that the undisputed evidence establishes that his treatment complied with the applicable standard of care and that no negligent act or omission by Dr. Yadegar caused or contributed to Plaintiff’s injuries. Plaintiff opposes the motion.

To make out a claim for professional 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 or dental professional is a matter peculiarly within the knowledge of experts. Hanson, 76 Cal. App. 4th at 606–607; Willard v. Hagemeister (1981) 121 Cal. App. 3d 406, 414. The element of causation must also be proven with expert testimony. Jones v. Ortho Pharm. Corp. (1985) 163 Cal. App. 3d 396, 402.

Here, Dr. Yadegar presented evidence sufficient to meet his initial burden that he complied with the applicable standard of care and that no negligent act or omission of Dr. Yadegar caused or contributed to Plaintiff’s injuries. Specifically, Dr. Yadegar presented the declaration of Thomas Jovacich, D.M.D. Dr. Jovacich is a certified endodontic specialist. Dr. Jovacich reviewed the dental records and other relevant documents and opined that the decision to perform the October 19, 2016 surgery was appropriate, the preoperative diagnosis was appropriate, and the intraoperative surgery undertaken was appropriate and conformed to the standard of care. Dr. Jovacich also opined that the postoperative care conformed to the applicable standard of care and that to a reasonable degree of medical probability, no act or omission by Dr. Yadegar caused or contributed to Plaintiff’s injuries.

The burden thus shifted to Plaintiff to present controverting evidence. In opposition, Plaintiff presents the declaration of Barry Vilkin, D.M.D., M.Sc.D., a specialist in endodontics. Dr. Vilkin reviewed the records and x-rays of Dr. Joshua Yadegar and Dr. Julie Valentine regarding their care and treatment of Mr. Karuna. Dr. Vilkin opined that Dr. Yadegar’s care and treatment fell below the applicable standard of care because he failed to order a Cone Beam CT scan of the subject tooth. According to Dr. Vilkin, ‘[t]he Cone Beam CT would have provided the necessary information regarding whether the tooth was fractured and if the tooth was perforated” and would have provided the specific location of the perforation. This information was necessary to determine whether the apicoectomy that Plaintiff underwent was the proper course of treatment. It is Dr. Vilkin’s opinion, that absent a Cone Beam CT scan, the apicoectomy should not have been performed. He also opines that “[h]ad the Cone Beam CT scan been taken and the procedure not performed, any injury to the nerve currently being claimed by the Plaintiff in this case would have been avoided.”

Dr. Yadegar objects to Dr. Vilkin’s declaration as lacking in foundation and based on speculation. The objection is overruled. The opinions are sufficiently supported by reasoned explanation connecting the facts to the ultimate opinions. Fernandez v. Alexander (2019) 31 Cal. App. 5th 770, 781.

Moving party is ordered to give notice.



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