This case was last updated from Los Angeles County Superior Courts on 01/16/2021 at 19:15:27 (UTC).

MELISA ANN WINTER VS RAFFY LEON KARAMANOUKIAN MD ET AL

Case Summary

On 03/12/2018 MELISA ANN WINTER filed a Personal Injury - Medical Malpractice lawsuit against RAFFY LEON KARAMANOUKIAN MD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are STEPHEN I. GOORVITCH and MICHAEL E. WHITAKER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7491

  • Filing Date:

    03/12/2018

  • 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 Judges

STEPHEN I. GOORVITCH

MICHAEL E. WHITAKER

 

Party Details

Plaintiff and Petitioner

WINTER MELISA ANN

Defendants and Respondents

RAFFY LEON KARAMANOUKIAN MD INC

KARAMANOUKIAN LEON MD

DOES 1 TO 10

KARE PLASTIC SURGERY & SKIN HEALTH CENTER

ADVANCED THERAPY SURGERY CENTER INC

RAFFY LEON KARAMANOUKIAN MD - SUMMARY JUDGMENT

KARE PLASTIC SURGERY & SKIN HEALTH CENTER- SUMMARY JUDGMENT

ADVANCED THERAPY SURGERY CENTER INC - SUMMARY JUDGMENT

KARAMANOUKIAN - SUMMARY JUDGMENT LEON MD

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

LANTER MARVIN STUART ESQ.

Defendant Attorneys

LAW OFFICE OF DAVID J. WEISS

WEISS DAVID JAY

 

Court Documents

Notice - NOTICE OF NON-OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT

11/10/2020: Notice - NOTICE OF NON-OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT

Motion in Limine - MOTION IN LIMINE NO. 6 PROHIBITING THE USE OF MEDICAL TEXTS ON DIRECT OR CROSS-EXAMINATION WITHOUT PROPER FOUNDATION

9/18/2020: Motion in Limine - MOTION IN LIMINE NO. 6 PROHIBITING THE USE OF MEDICAL TEXTS ON DIRECT OR CROSS-EXAMINATION WITHOUT PROPER FOUNDATION

Motion in Limine - MOTION IN LIMINE NO. 7 TO PRECLUDE EVIDENCE OF PAST MEDICAL EXPENSES NOT ACTUALLY PAID BY ANY SOURCE

9/18/2020: Motion in Limine - MOTION IN LIMINE NO. 7 TO PRECLUDE EVIDENCE OF PAST MEDICAL EXPENSES NOT ACTUALLY PAID BY ANY SOURCE

Motion in Limine - MOTION IN LIMINE NO. 2 TO PROHIBIT PLTF FROM OFFERING EXPERT TESTIMONY NOT DISCLOSED DURING EXPERT DEPOSITIONS

9/18/2020: Motion in Limine - MOTION IN LIMINE NO. 2 TO PROHIBIT PLTF FROM OFFERING EXPERT TESTIMONY NOT DISCLOSED DURING EXPERT DEPOSITIONS

Motion in Limine - MOTION IN LIMINE NO. 4 TO PROHIBIT CROSS EXAMINATION REGARDING AN EXPERT'S PERSONAL PRACTICES

9/18/2020: Motion in Limine - MOTION IN LIMINE NO. 4 TO PROHIBIT CROSS EXAMINATION REGARDING AN EXPERT'S PERSONAL PRACTICES

Motion in Limine - MOTION IN LIMINE NO. 8 TO PRECLUDE ANY REFERENCE TO CIVIL CODE SECTIONS 3333.2 AND 667.7

9/18/2020: Motion in Limine - MOTION IN LIMINE NO. 8 TO PRECLUDE ANY REFERENCE TO CIVIL CODE SECTIONS 3333.2 AND 667.7

Motion in Limine - MOTION IN LIMINE NO. 3 TO PRECLUDE PLTF FROM REFERENCING ANY INSURANCE POLICY UNDER WHICH DEFS MAY BE INSURED AGAINST LOSS ARISING FROM PROFESSIONAL LIABILITY

9/18/2020: Motion in Limine - MOTION IN LIMINE NO. 3 TO PRECLUDE PLTF FROM REFERENCING ANY INSURANCE POLICY UNDER WHICH DEFS MAY BE INSURED AGAINST LOSS ARISING FROM PROFESSIONAL LIABILITY

Notice - NOTICE OF NON-OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT

7/24/2020: Notice - NOTICE OF NON-OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT

Declaration - DECLARATION OF PATTI COURCHAINE IN RESPONSE TO COURT'S TENTATIVE RULING RE DEFENDANTS MSJ

7/30/2020: Declaration - DECLARATION OF PATTI COURCHAINE IN RESPONSE TO COURT'S TENTATIVE RULING RE DEFENDANTS MSJ

Notice - NOTICE OF ERRATA RE ORDER GRANTING PLAINTIFF'S ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL

1/24/2020: Notice - NOTICE OF ERRATA RE ORDER GRANTING PLAINTIFF'S ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL

Separate Statement

11/22/2019: Separate Statement

Declaration - DECLARATION OF ARTHUR DULIIN RE ATTEMPTED SERVICE OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

11/26/2019: Declaration - DECLARATION OF ARTHUR DULIIN RE ATTEMPTED SERVICE OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

Motion to Be Relieved as Counsel

12/11/2019: Motion to Be Relieved as Counsel

DEFENDANTS' ANSWER TO COMPLAINT FOR DAMAGES

8/31/2018: DEFENDANTS' ANSWER TO COMPLAINT FOR DAMAGES

CIVIL DEPOSIT -

9/14/2018: CIVIL DEPOSIT -

PROOF OF SERVICE OF SUMMONS & COMPLAINT ON ADVANCED THERAPY SURGERY CENTER, INC.

7/2/2018: PROOF OF SERVICE OF SUMMONS & COMPLAINT ON ADVANCED THERAPY SURGERY CENTER, INC.

SUMMONS -

3/12/2018: SUMMONS -

COMPLAINT FOR DAMAGES (MEDICAL MALPRACTICE)

3/12/2018: COMPLAINT FOR DAMAGES (MEDICAL MALPRACTICE)

27 More Documents Available

 

Docket Entries

  • 03/12/2021
  • Hearing03/12/2021 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; : OSC RE Dismissal

    Read MoreRead Less
  • 12/15/2020
  • DocketNotice (of Entry of Judgment or Order); Filed by Leon MD Karamanoukian - SUMMARY JUDGMENT (Defendant); Raffy Leon Karamanoukian MD - SUMMARY JUDGMENT (Defendant); Advanced Therapy Surgery Center Inc - SUMMARY JUDGMENT (Defendant) et al.

    Read MoreRead Less
  • 12/14/2020
  • DocketJudgment (in Favor of Defendants' Motion for Summary Judgment (Proposed)); Filed by Leon MD Karamanoukian - SUMMARY JUDGMENT (Defendant); Raffy Leon Karamanoukian MD - SUMMARY JUDGMENT (Defendant); Advanced Therapy Surgery Center Inc - SUMMARY JUDGMENT (Defendant) et al.

    Read MoreRead Less
  • 11/19/2020
  • DocketNotice of Ruling; Filed by Leon MD Karamanoukian - SUMMARY JUDGMENT (Defendant); Raffy Leon Karamanoukian MD - SUMMARY JUDGMENT (Defendant); Advanced Therapy Surgery Center Inc - SUMMARY JUDGMENT (Defendant) et al.

    Read MoreRead Less
  • 11/16/2020
  • Docketat 1:30 PM in Department 32, Michael E. Whitaker, Presiding; Hearing on Motion for Summary Judgment - Held - Motion Granted

    Read MoreRead Less
  • 11/16/2020
  • Docketat 1:30 PM in Department 32, Michael E. Whitaker, Presiding; Trial Setting Conference - Not Held - Taken Off Calendar by Court

    Read MoreRead Less
  • 11/16/2020
  • DocketMinute Order ( (Hearing on Motion for Summary Judgment; Trial Setting Conference)); Filed by Clerk

    Read MoreRead Less
  • 11/10/2020
  • DocketNotice (of Non-Opposition to Defendants Motion for Summary Judgment); Filed by Leon MD Karamanoukian - SUMMARY JUDGMENT (Defendant); Raffy Leon Karamanoukian MD - SUMMARY JUDGMENT (Defendant); Advanced Therapy Surgery Center Inc - SUMMARY JUDGMENT (Defendant) et al.

    Read MoreRead Less
  • 11/03/2020
  • Docketat 08:30 AM in Department 32, Michael E. Whitaker, Presiding; Jury Trial - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 10/26/2020
  • DocketNotice of Ruling; Filed by Leon MD Karamanoukian - SUMMARY JUDGMENT (Defendant); Raffy Leon Karamanoukian MD - SUMMARY JUDGMENT (Defendant); Advanced Therapy Surgery Center Inc - SUMMARY JUDGMENT (Defendant) et al.

    Read MoreRead Less
37 More Docket Entries
  • 06/19/2019
  • Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Leon MD Karamanoukian - SUMMARY JUDGMENT (Defendant); Raffy Leon Karamanoukian MD - SUMMARY JUDGMENT (Defendant); Advanced Therapy Surgery Center Inc - SUMMARY JUDGMENT (Defendant) et al.

    Read MoreRead Less
  • 09/14/2018
  • DocketReceipt; Filed by Leon MD Karamanoukian - SUMMARY JUDGMENT (Defendant)

    Read MoreRead Less
  • 09/14/2018
  • DocketCIVIL DEPOSIT

    Read MoreRead Less
  • 08/31/2018
  • DocketAnswer; Filed by Raffy Leon Karamanoukian MD - SUMMARY JUDGMENT (Defendant); Advanced Therapy Surgery Center Inc - SUMMARY JUDGMENT (Defendant); Kare Plastic Surgery & Skin Health Center- SUMMARY JUDGMENT (Defendant)

    Read MoreRead Less
  • 08/31/2018
  • DocketDEFENDANTS' ANSWER TO COMPLAINT FOR DAMAGES

    Read MoreRead Less
  • 07/02/2018
  • DocketPROOF OF SERVICE OF SUMMONS & COMPLAINT ON ADVANCED THERAPY SURGERY CENTER, INC.

    Read MoreRead Less
  • 07/02/2018
  • DocketProof-Service/Summons; Filed by Melisa Ann Winter (Plaintiff)

    Read MoreRead Less
  • 03/12/2018
  • DocketCOMPLAINT FOR DAMAGES (MEDICAL MALPRACTICE)

    Read MoreRead Less
  • 03/12/2018
  • DocketSUMMONS

    Read MoreRead Less
  • 03/12/2018
  • DocketComplaint; Filed by Melisa Ann Winter (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: BC697491    Hearing Date: November 16, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Spring Street Courthouse, Department 32

melissa Ann Winter ,

Plaintiff,

v.

raffy leon karamanoukian, m.d., et al.,

Defendants.

Case No.: BC697491

Hearing Date: November 16, 2020

[TENTATIVE] order RE:

MOTION FOR SUMMARY JUDGMENT

Background

Plaintiff Melisa Ann Winter (“Plaintiff”) filed this medical malpractice action against Defendants Raffy Leon Karamanoukian, M.D. (“Karamanoukian”), Raffy Leon Karamanoukian, M.D., Inc., Advanced Therapy Surgery Center, Inc., and Kare Plastic Surgery & Skin Health Center (collectively, “Defendants”), alleging that they were negligent in performing liposuction. Now, Defendants move for summary judgment, which is not opposed by Plaintiff. Therefore, the motion 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.)

Defendants proffer a declaration from Terry Dubrow, M.D. (“Dubrow)”, a plastic surgeon who reviewed Plaintiff’s medical records. Dubrow states that Defendants’ treatment of Plaintiff was within the standard of care at all times. (Declaration of Terry Dubrow, M.D., ¶ 5.) Dubrow further states that nothing Defendants did or failed to do caused or contributed to any of Plaintiff’s claimed injuries. (Declaration of Terry Dubrow, M.D., ¶ 6.) This evidence satisfies Defendant’s burden on summary judgment, shifting the burden to Plaintiff to proffer sufficient evidence to give rise to a triable issue. Plaintiff fails to do so, as she does not oppose the motion, and there is nothing in the record giving rise to a triable issue. Therefore, Defendants’ motion is granted.

CONCLUSION AND ORDER

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

DATED: November 16, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC697491    Hearing Date: July 31, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Spring Street Courthouse, Department 32

melissa Ann Winter ,

Plaintiff,

v.

raffy leon karamanoukian, m.d.,

et al.,

Defendants.

Case No.: BC697491

Hearing Date: July 31, 2020

[TENTATIVE] order RE:

MOTION FOR SUMMARY JUDGMENT

Defendants Raffy Leon Karamanoukian, M.D., Raffy Leon Karamanoukian, M.D., Inc., Advanced Therapy Surgery Center, Inc., and Kare Plastic Surgery & Skin Health Center (“Defendants”) move for summary judgment on the complaint of Plaintiff Melissa Ann Winter (“Plaintiff”). The motion was filed on November 22, 2019, and was served on Plaintiff’s counsel. Then, on January 7, 2020, the Court granted Plaintiff’s counsel’s motion to be relieved as counsel. Mr. Marvin Lanter represented that he is no longer able to practice, having been diagnosed with a terminal illness in March 2019.

Defendants provided notice directly to Plaintiff. Specifically, Defendants sent Plaintiff a notice stating that this Court had granted Plaintiff’s counsel’s motion to be relieved and that this motion for summary judgment would be heard on July 31, 2020, at 1:30 p.m. Plaintiff has not filed an opposition or requested a continuance of the hearing date. Nor has Plaintiff retained new counsel.

However, the motion appears never to have been served on Plaintiff via her former counsel. According to the declaration of Arthur Dulin, the package containing the motion for summary judgment and all supporting documents was delivered to the purported office of Mr. Lanter. (Declaration of Arthur Dulin, ¶¶ 3, 6.) He was told by the receptionist “that there was no business entity named Law Offices of Marvin S. Lanter at that address, and that they could not accept personal service of the Motion Package.” (Id., ¶ 6.) There is no proof of service in the record indicating that the motion was served on Mr. Lanter or directly upon Plaintiff.

Therefore, the Court continues the hearing on this motion to November 16, 2020, at 1:30 p.m. The Court orders Defendants to serve the motion directly upon Plaintiff at her last known address. Defendants shall provide notice (including the new hearing date for this motion) and file proof of such with the Court.

DATED: July 31, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC697491    Hearing Date: January 07, 2020    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

MELISA ANN WINTER,

Plaintiff,

v.

RAFFY LEON KARAMANOUKIAN, M.D., et al.,

Defendants.

Case No.: BC697491

Hearing Date: January 7, 2020

[Tentative] order RE:

MOTION TO BE RELIEVED AS COUNSEL

Counsel Marvin S. Lanter of Law Office of Marvin S. Lanter (“Counsel”) moves to be relieved as counsel for Plaintiff. Counsel has filed forms MC-051 and MC-052 pursuant to CRC Rule 3.1362. Counsel served Plaintiff at her last known address, which was confirmed by conversation and email communication. Counsel also served copies of the moving papers on Plaintiff by mail. Counsel served Defendants with the moving papers. Counsel states that he is no longer able to practice because he was diagnosed with a terminal illness in March 2019 and is currently under hospice care where he has been hospitalized since June 10, 2019. Counsel has also submitted a proposed order with the relevant information.

Based upon the foregoing, Counsel has shown good cause to be relieved. While it is unclear why Counsel waited so long to seek to be relieved, it would be unfair to deny this motion. Nevertheless, the Court must ensure that Plaintiff is not prejudiced. Therefore, the Court grants the motion and continues the upcoming hearing dates to allow Plaintiff sufficient time to retain new counsel and oppose the pending motion for summary judgment.

Counsel should note that after the order is signed, the order will only become effective upon the filing of a proof of service of a signed copy of the order on Plaintiff. Counsel will remain the attorney of record until Counsel files with the Court a proof of service of the signed order. Counsel will be ordered to serve a copy of the signed order (MC-053) on Plaintiff within 10 days.

CONCLUSION AND ORDER

Counsel’s motion to be relieved is granted. The Court advances and vacates all pending dates and sets the following dates:

Hearing on Motion for Summary Judgment: July 31, 2020, at 1:30 p.m.

Final Status Conference: October 20, 2020, at 10:00 a.m.

Trial: November 3, 2020, at 8:30 a.m.

OSC re: Dismissal: March 12, 2021, at 8:30 a.m.

The discovery and motions cut-off shall be governed by the new trial date. Counsel shall serve a copy of this order, as well as the proposed order, to all parties, including Plaintiff.

DATED: January 7, 2020 ___________________________

Hon. Stephen I. Goorvitch

Judge of the Superior Court