This case was last updated from Los Angeles County Superior Courts on 07/11/2020 at 23:23:14 (UTC).

SANTOS VILLAREAL VS ALONA KASHANIAN D P M ET AL

Case Summary

On 05/21/2018 SANTOS VILLAREAL filed a Personal Injury - Medical Malpractice lawsuit against ALONA KASHANIAN D P M. 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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6963

  • Filing Date:

    05/21/2018

  • Case Status:

    Disposed - Judgment Entered

  • 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

KRISTIN S. ESCALANTE

MARK A. BORENSTEIN

 

Party Details

Plaintiff and Petitioner

VILLAREAL SANTOS

Defendants and Respondents

HEALTH CARE PARTNERS

PINTO KAREN M.

KASHANIAN ALONA D.P.M.

PRECISION FOOT AND ANKLE CENTERS

DOES 1-100

KASHANIAN D.P.M. ALONA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

INUMERABLE N. JOE P. ESQ.

INUMERABLE NUMERIANO PAULINO ESQ.

Defendant and Respondent Attorneys

GREER C. KEITH ESQ.

BEST MEGAN P.

GREER CURTIS KEITH ESQ.

BEST MEGAN P. ESQ.

 

Court Documents

Proof of Service (not Summons and Complaint)

2/25/2020: Proof of Service (not Summons and Complaint)

Notice - NOTICE NOTICE OF ENTRY OF JUDGMENT

2/25/2020: Notice - NOTICE NOTICE OF ENTRY OF JUDGMENT

Notice - NOTICE NOTICE OF ENTRY OF JUDGMENT

1/30/2020: Notice - NOTICE NOTICE OF ENTRY OF JUDGMENT

Proof of Service (not Summons and Complaint) - PROOF OF SERVICE (NOT SUMMONS AND COMPLAINT) DECLARATION OF SERVICE.

1/7/2020: Proof of Service (not Summons and Complaint) - PROOF OF SERVICE (NOT SUMMONS AND COMPLAINT) DECLARATION OF SERVICE.

Judgment - JUDGMENT [PROPOSED] JUDGMENT BY COURT UNDER CODE OF CIVIL PROCEDURE SECTION 437C

1/14/2020: Judgment - JUDGMENT [PROPOSED] JUDGMENT BY COURT UNDER CODE OF CIVIL PROCEDURE SECTION 437C

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT AND.OR SUMMARY ADJUDIC...)

11/25/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT AND.OR SUMMARY ADJUDIC...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR SUMMARY JUDGMENT AND.OR SUMMARY ADJUDIC...) OF 11/25/2019

11/25/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR SUMMARY JUDGMENT AND.OR SUMMARY ADJUDIC...) OF 11/25/2019

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

10/18/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANTS HE...)

Notice of Ruling

10/21/2019: Notice of Ruling

Separate Statement

7/30/2019: Separate Statement

Notice of Change of Address or Other Contact Information

7/31/2019: Notice of Change of Address or Other Contact Information

Declaration - DECLARATION IN SUPPORT OF MSJ OF DEFENDANTS' HEALTHCARE PARTNERS AND KAREN M. PINTO

7/31/2019: Declaration - DECLARATION IN SUPPORT OF MSJ OF DEFENDANTS' HEALTHCARE PARTNERS AND KAREN M. PINTO

Motion for Summary Judgment

8/5/2019: Motion for Summary Judgment

Notice of Deposit - Jury

5/3/2019: Notice of Deposit - Jury

Demand for Jury Trial

1/14/2019: Demand for Jury Trial

CIVIL DEPOSIT -

6/15/2018: CIVIL DEPOSIT -

DEFENDANT, ALOA KASHANIAN, D.P.M., NOTICE OF POSTING JURY FEES

6/15/2018: DEFENDANT, ALOA KASHANIAN, D.P.M., NOTICE OF POSTING JURY FEES

SUMMONS -

5/21/2018: SUMMONS -

18 More Documents Available

 

Docket Entries

  • 02/25/2020
  • DocketNotice (Notice of Entry of Judgment); Filed by Alona Kashanian D.P.M. (Defendant); Precision Foot and Ankle Centers (Defendant)

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  • 02/25/2020
  • DocketProof of Service (not Summons and Complaint); Filed by Alona Kashanian D.P.M. (Defendant); Precision Foot and Ankle Centers (Defendant)

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  • 02/06/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 01/30/2020
  • DocketNotice (Notice of Entry of Judgment); Filed by Karen M. Pinto (Defendant); Health Care Partners (Defendant)

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  • 01/23/2020
  • Docketat 10:00 AM in Department 29, Kristin S. Escalante, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 01/14/2020
  • DocketJudgment ([PROPOSED] JUDGMENT BY COURT UNDER CODE OF CIVIL PROCEDURE SECTION 437c); Filed by Alona Kashanian D.P.M. (Defendant); Precision Foot and Ankle Centers (Defendant)

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  • 01/07/2020
  • DocketProof of Service (not Summons and Complaint) (declaration of service.); Filed by Alona Kashanian D.P.M. (Defendant); Precision Foot and Ankle Centers (Defendant)

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  • 12/30/2019
  • DocketOrder ([Proposed] Judgment by Court under CCP section 437c); Filed by Karen M. Pinto (Defendant); Health Care Partners (Defendant)

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  • 11/25/2019
  • Docketat 1:30 PM in Department 2, Mark A. Borenstein, Presiding; Hearing on Motion for Summary Judgment (and.or Summary Adjudication of Issues In Favor of Defendants Alona Kashanian, D.P.M. and Precision Foot and Ankle Centers;) - Held

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  • 11/25/2019
  • DocketCertificate of Mailing for ((Hearing on Motion for Summary Judgment and.or Summary Adjudic...) of 11/25/2019); Filed by Clerk

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20 More Docket Entries
  • 01/14/2019
  • DocketAnswer; Filed by Karen M. Pinto (Defendant); Health Care Partners (Defendant)

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  • 06/15/2018
  • DocketDEFENDANT, ALOA KASHANIAN, D.P.M., NOTICE OF POSTING JURY FEES

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  • 06/15/2018
  • DocketANSWER TO COMPLAINT

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  • 06/15/2018
  • DocketAnswer; Filed by Alona Kashanian D.P.M. (Defendant)

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  • 06/15/2018
  • DocketReceipt; Filed by Alona Kashanian D.P.M. (Defendant)

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  • 06/15/2018
  • DocketCIVIL DEPOSIT

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  • 06/15/2018
  • DocketNotice; Filed by Alona Kashanian D.P.M. (Defendant)

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  • 05/21/2018
  • DocketCOMPLAINT FOR DAMAGES FOR MEDICAL MALPRACTICE

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  • 05/21/2018
  • DocketComplaint; Filed by Santos Villareal (Plaintiff)

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  • 05/21/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC706963    Hearing Date: November 25, 2019    Dept: 2

Villareal v. Kashanian, D.P.M., et al.

The Motion for Summary Judgment and/or Summary Adjudication of Issues by Defendants Alona Kashanian, D.P.M. and Precision Foot and Ankle Centers filed on 8/5/2019 is GRANTED.

In the complaint, Plaintiff alleges that Defendant Alona Kashanian, D.P.M. was negligent in performing wound care on Plaintiff’s left foot that required Plaintiff to undergo emergency medical treatment for gangrene and ultimately caused Plaintiff to suffer partial loss of her toes. Plaintiff alleges causes of action for negligence and medical malpractice against Dr. Kashanian and her employer, Defendnat Precision Foot and Ankle Centers. Defendants move for summary judgment, claiming that the undisputed evidence establishes that the treatment complied with the applicable standard of care and that no negligent act or omission by Defendants caused or contributed to Plaintiff’s injury.

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.

Here, Defendants presented evidence sufficient to meet her initial burden that Dr. Kasharian acted within the applicable standard of care during the surgery. They present the declaration of Andrew R. Rothstein, D.P.M., a podiatrist who is board certified by the American Board of Podiatric Orthopedics and Primary Podiatric Medicine and by the American Professional Wound Care Association, among other certifications. Dr. Rothstein is qualified to testify as an expert in this matter. Dr. Rothstein has reviewed the relevant medical records and other relevant documents, and based on that review, Dr. Rothstein opines that the care and treatment rendered to Plaintiff by Dr. Kasharian complied with the prevailing standard of care at all times. He further opines that, to a reasonable degree of medical probability, no negligent act or omission on the part of Dr. Kashanian or Precision Foot and Ankle Centers caused or contributed to any damages or harm suffered by Plaintiff.

Dr. Rothstein’s declaration is sufficient to shift the burden to Plaintiff to present controverting evidence sufficient to raise a triable issue of fact. Plaintiff has not opposed the motion and has not presented any controverting evidence. Dr. Kasharian and Precision Foot and Ankle Centers are thus entitled to summary judgment against Plaintiff Santos Villareal.

The Court thus GRANTS the motion for summary judgment in favor of Defendants Alona Kashanian, D.P.M. and Precision Foot and Ankle Centers and against Plaintiff Santos Villareal.

The moving party is ordered to give notice.