This case was last updated from Los Angeles County Superior Courts on 06/14/2019 at 08:08:50 (UTC).

DENISE REKAPALLI VS MISAK SHNORHAVORIAN DDS ET AL

Case Summary

On 10/05/2017 DENISE REKAPALLI filed a Personal Injury - Medical Malpractice lawsuit against MISAK SHNORHAVORIAN DDS. 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:

    ****8054

  • Filing Date:

    10/05/2017

  • 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

Plaintiff and Petitioner

REKAPALLI DENISE

Defendants and Respondents

SHNORHAVORIAN MISAK DDS

WALNUT HILL DENTAL

TSIBEL ARKADY D.D.S.

DOES 1 TO 100

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

GOLDBERG STEVEN P. ESQ.

Defendant and Respondent Attorneys

PETERSON GEORGE E. ESQ.

KAMEL BRIAN P. ESQ.

 

Court Documents

Answer

2/28/2018: Answer

Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

2/25/2019: Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

DEFENDANT MISAK SHNORHAVORIAN, D.D.S' DEMAND FOR JURY TRIAL

12/4/2017: DEFENDANT MISAK SHNORHAVORIAN, D.D.S' DEMAND FOR JURY TRIAL

DEFENDANT MISAK SHNORHAVORIAN, D.D.S' NOTICE POSTING JURY FEES

12/4/2017: DEFENDANT MISAK SHNORHAVORIAN, D.D.S' NOTICE POSTING JURY FEES

DEFENDANT MISAK SHNORHAVORIAN, D.D.S' ANSWER TO PLAINTIFF'S FIRST AMENDED COM PLAINT

12/4/2017: DEFENDANT MISAK SHNORHAVORIAN, D.D.S' ANSWER TO PLAINTIFF'S FIRST AMENDED COM PLAINT

Unknown

12/4/2017: Unknown

PROOF OF SERVICE(SUMMONS) ARKADY TSIEEL, D.D.S.

11/1/2017: PROOF OF SERVICE(SUMMONS) ARKADY TSIEEL, D.D.S.

PROOF OF SERVICE (SUMMONS) MISAK SHNORHAVORIAN, D.D.S.

11/1/2017: PROOF OF SERVICE (SUMMONS) MISAK SHNORHAVORIAN, D.D.S.

PROOF OF SERVICE (SUNNONS) WALNUT HILL DENTAL

11/1/2017: PROOF OF SERVICE (SUNNONS) WALNUT HILL DENTAL

FIRST AMENDED COMPLAINT

11/2/2017: FIRST AMENDED COMPLAINT

SUMMONS

10/5/2017: SUMMONS

COMPLAINT FOR: 1. NEGLIGENCE 2. BREACH OF FIDUCIARY DUTY

10/5/2017: COMPLAINT FOR: 1. NEGLIGENCE 2. BREACH OF FIDUCIARY DUTY

 

Docket Entries

  • 04/05/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 03/21/2019
  • at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 02/26/2019
  • at 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion for Summary Judgment - Not Held - Taken Off Calendar by Party

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  • 02/25/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District) (-FSC:8-22-19 Trial:9-9-19); Filed by ARKADY D.D.S. TSIBEL (Defendant)

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  • 02/28/2018
  • Answer; Filed by ARKADY D.D.S. TSIBEL (Defendant)

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  • 02/28/2018
  • Answer

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  • 12/04/2017
  • DEFENDANT MISAK SHNORHAVORIAN, D.D.S' ANSWER TO PLAINTIFF'S FIRST AMENDED COM PLAINT

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  • 12/04/2017
  • DEFENDANT MISAK SHNORHAVORIAN, D.D.S' DEMAND FOR JURY TRIAL

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  • 12/04/2017
  • Notice; Filed by MISAK DDS SHNORHAVORIAN (Defendant)

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  • 12/04/2017
  • Demand for Jury Trial; Filed by MISAK DDS SHNORHAVORIAN (Defendant)

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5 More Docket Entries
  • 11/02/2017
  • FIRST AMENDED COMPLAINT

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  • 11/01/2017
  • PROOF OF SERVICE(SUMMONS) ARKADY TSIEEL, D.D.S.

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  • 11/01/2017
  • PROOF OF SERVICE (SUNNONS) WALNUT HILL DENTAL

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  • 11/01/2017
  • Proof of Service (not Summons and Complaint); Filed by DENISE REKAPALLI (Plaintiff)

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  • 11/01/2017
  • PROOF OF SERVICE (SUMMONS) MISAK SHNORHAVORIAN, D.D.S.

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  • 11/01/2017
  • Proof of Service (not Summons and Complaint); Filed by DENISE REKAPALLI (Plaintiff)

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  • 11/01/2017
  • Proof of Service (not Summons and Complaint); Filed by DENISE REKAPALLI (Plaintiff)

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  • 10/05/2017
  • SUMMONS

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  • 10/05/2017
  • COMPLAINT FOR: 1. NEGLIGENCE 2. BREACH OF FIDUCIARY DUTY

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  • 10/05/2017
  • Complaint; Filed by DENISE REKAPALLI (Plaintiff)

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Tentative Rulings

Case Number: BC678054    Hearing Date: January 09, 2020    Dept: 5

 

Superior Court of California

County of Los Angeles

Department 5

denise rekapalli,

Plaintiff,

v.

misak shnorhavorian, d.d.s., et al.,

Defendants.

Case No.: BC678054

Hearing Date: January 9, 2020

[TENTATIVE] order RE:

Motion to Continue Trial Date

On October 5, 2017, Plaintiff Denise Rekapalli (“Plaintiff”) filed this medical malpractice action against Misak Shnorhavorian, D.D.S. (“Dr. Shnorhavorian”), Walnut Hill Dental, and Arkady Tsibel, D.D.S. (“Dr. Tsibel”). Plaintiff and Dr. Shnorhavorian (“Moving Parties”) jointly move to continue trial from January 15, 2020 to April 28, 2020, in order to allow the parties to complete discovery. Specifically, the Moving Parties represent that they must take depositions of Dr. Tsibel and Dr. Shnorhavorian, as well as six retained expert witnesses.

The Court finds good cause for the discovery not having been completed. The Moving Parties represent that discovery was postponed pending mediation “in order to avoid spending significant funds and calendar hours on discovery should the case resolve at mediation.” (Declaration of Bryan Su, ¶ 2.) Dr. Tsibel’s counsel proposed mediation but then appeared one hour late without authority to proceed. (Id., ¶ 4.) Dr. Tsibel does not dispute these facts. To the contrary, Dr. Tsibel admits that “the Tsibel Defendants withdrew their consent to settle on the eve of the mediation because of their peripheral involvement in the matter . . . .” (Declaration of Brian P. Kamel, ¶ 7.) The Court is concerned that Dr. Tsibel would agree to a mediation and then withdraw consent “on the eve of the mediation” after it had been arranged.

Moreover, Dr. Tsibel admits that his deposition did not go forward on December 19, 2019, due to his own error, having “miscalendared the deposition.” Although Dr. Tsibel proposed alternative dates of December 23, 2019 (when Plaintiff’s counsel was out-of-town for the holidays) and January 6, 2020 (only nine days before trial), this does not excuse Dr. Tsibel’s error. The Court is concerned that Dr. Tsibel did not make himself available for a deposition as noticed.

Based upon the foregoing, the Court finds good cause to continue the trial, discovery not having been completed. Although Dr. Tsibel argues that the parties conducted no discovery between the mediation on October 14, 2019, and November 25, 2019, this relatively short delay is understandable given the procedural history of the case. The Court has considered the potential prejudice to Dr. Tsibel but does not believe that any prejudice is significant enough to deny this motion.

Dr. Tsibel argues: “On November 25, 2019, Dr. Shnorhavorian attempted to continue the trial, over the Tsibel Defendants’ objections, via ex parte application. The Court denied the ex parte application.” The Court denied the application only because there was sufficient time to file a noticed motion, which the Moving Parties have done. The Court’s ruling was not on the merits.

CONCLUSION AND ORDER

The Court grants the Moving Party’s motion to continue the trial and all related dates. The final status conference and trial dates are advanced and vacated. The Court sets the following dates:

Final Status Conference: April 15, 2020, at 10:00 a.m.

Trial: April 29, 2020, at 8:30 a.m.

The discovery and motions cut-off shall be based on the new trial date. Plaintiff shall provide notice and file proof of such with the Court.

DATED: January 9, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court