Motion for Summary Judgment and/or Adjudication
2024CUMM032086: RACHEL CHERNIACK vs SKYLINE DENTAL, et al. 05/28/2026 in Department 43 Motion for Summary Judgment and/or Adjudication
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The Court allows appearances by CourtCall and Zoom. Refer to the Courtroom 43 webpage for more information about remote appearances. If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made.
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With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judge Coats's secretary, Ms. Brantner at 805- 477-8790, stating that you submit on the tentative. Or you may email Courtroom43@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of sending a fax or email. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. If you are the moving party and do not advise the Court that you submit on the tentative, or you do not appear at the hearing, the Court may deny your motion irrespective of the tentative.
Unless stated otherwise at the hearing, if a formal order is required but not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized.
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Motion: Motion for Summary Judgement/Adjudication
Tentative Ruling: Defendants Kambiz Mahdavi, D.D.Ss. and Kambiz Mahdavi, A Professional Dental Corporations unopposed Motion for Summary Judgement is GRANTED.
2024CUMM032086: RACHEL CHERNIACK vs SKYLINE DENTAL, et al.
Defendants undisputed material facts 1 through 135 are undisputed and established.
The expert declaration of Dr. Edmond R. Hewlett and Dr. Kevin J. Cebula establish that the treatment provided by Dr. Mahdavi conformed to the applicable standard of care for dentists in the Southern California community, and no act or omission by Dr. Mahdavi caused or contributed to any permanent injury to the plaintiff.
Plaintiff has not presented expert testimony or evidence of any kind to rebut these opinions. Nor has plaintiff objected to the evidence proffered by the moving parties. Thus, Defendants establish that there was no breach of duty and was no causation by Defendants. Because the claims for medical malpractice and willful misconduct fail, the claim for breach of fiduciary duty fails because it is derivative of the medical malpractice claim.
The Court will sign the proposed order.
Moving parties are ordered to prepare a proposed judgment for the Courts signature and serve notice of the Courts ruling.
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