ELIZABETH SERVIN MORENO VS ADAM NATHANIEL MAMELAK M D ET AL
Case Summary
On 05/09/2016 ELIZABETH SERVIN MORENO filed a Personal Injury - Medical Malpractice lawsuit against ADAM NATHANIEL MAMELAK M D. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.
Case Details
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Case Number:
****9767
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Filing Date:
05/09/2016
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Case Status:
Pending - Other Pending
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Courthouse:
Stanley Mosk Courthouse
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County, State:
Los Angeles, California
Judge Details
Presiding Judge
GEORGINA T. RIZK
Party Details
Plaintiffs and Petitioners
MORENO ELIZABETH SERVIN
SERVIN GUADALUPE
Defendants and Respondents
MAMELAK ADAM NATHANIEL M.D.
DOES 1-175
CEDARS-SINAI MEDICAL CENTER
Plaintiff and Guardian Ad Litem
SERVIN GUADALUPE
Attorney/Law Firm Details
Plaintiff and Petitioner Attorney
LAW OFFICES OF MARSHALL SILBERBERG
Defendant Attorney
WEISS DAVID JAY ESQ.
Court Documents
2/16/2018: DEFENDANTS, CEDARS-SINAI MEDICAL CENTER AND ADAM MAMELAK, M.D.'S STIPULATED EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES; JOINT STIPULATION OF THE PARTIES;
2/16/2018: Minute Order
7/31/2018: DECLARATION OF JAZMIN MENDEZ
7/31/2018: ORDER ON EX PARTE APPLICATION TO CONTINUE TRIAL AND DISCOVERY CUT-OFF
7/31/2018: DEFENDANTS, CEDARS-SINAI MEDICAL CENTER AND ADAM MAMELAK, M.D.'S STIPULATED EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES; JOINT STIPULATION OF THE PARTIES;
2/27/2019: Declaration in Support of Ex Parte Application
3/1/2019: Minute Order
3/6/2019: Notice of Ruling
5/9/2016: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL
5/9/2016: COMPLAINT FOR DAMAGES 1. MEDICAL MALPRACTICE DEMAND FOR JURY TRIAL
5/13/2016: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
8/8/2016: DECLARATION OF DAVID D. NEER IN SUPPORT OF APPLICATION ETC.
8/8/2016: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN ETC.
8/16/2016: SUMMONS
9/21/2016: PROOF OF SERVICE SUMMONS & COMPLAINT
10/11/2016: DEFENDANTS CEDARS-SINAI MEDICAL CENTER AND ADAM MAMELAK, M.D.'S ANSWER TO PLAINTIFF'S COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
10/11/2016: CIVIL DEPOSIT
9/1/2017: [ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)
Docket Entries
- 11/12/2019
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Hearingat 08:30 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial
- 10/30/2019
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Hearingat 10:00 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference
- 05/09/2019
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Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; (OSC RE Dismissal) - Not Held - Vacated by Court
- 03/14/2019
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Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Continued - Party's Motion
- 03/06/2019
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DocketNotice of Ruling; Filed by Adam Nathaniel Mamelak, M.D. (Defendant); Cedars-Sinai Medical Center (Defendant)
- 03/04/2019
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Docketat 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Continued - Party's Motion
- 03/01/2019
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Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Hearing on Ex Parte Application (for an order continuing trial) - Held - Motion Granted
- 03/01/2019
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DocketMinute Order ( (Hearing on Ex Parte Application for an order continuing trial;)); Filed by Clerk
- 03/01/2019
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DocketEx Parte Application (DEFENDANTS, CEDARS-SINAI MEDICAL CENTER AND ADAM MAMELAK, M.D.'S STIPULATED EX PARTS APPLICATION FOR AN ORDER CONTINUING TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES; JOINT STIPULATION OF THE PARTIES; DECLARATION OF PAMELA A. OWEN, ESQ.); Filed by Adam Nathaniel Mamelak, M.D. (Defendant); Cedars-Sinai Medical Center (Defendant)
- 02/27/2019
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DocketDeclaration in Support of Ex Parte Application; Filed by Adam Nathaniel Mamelak, M.D. (Defendant); Cedars-Sinai Medical Center (Defendant)
- 08/12/2016
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DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner
- 08/08/2016
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DocketApplication ; Filed by Plaintiff/Petitioner
- 08/08/2016
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DocketDeclaration; Filed by Plaintiff/Petitioner
- 08/08/2016
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DocketDECLARATION OF DAVID D. NEER IN SUPPORT OF APPLICATION ETC.
- 08/08/2016
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DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN ETC.
- 05/13/2016
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DocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
- 05/09/2016
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DocketCOMPLAINT FOR DAMAGES 1. MEDICAL MALPRACTICE DEMAND FOR JURY TRIAL
- 05/09/2016
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DocketComplaint; Filed by Elizabeth Servin Moreno (Plaintiff)
- 05/09/2016
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DocketApplication ; Filed by Plaintiff/Petitioner
- 05/09/2016
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DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL
Tentative Rulings
Case Number: BC619767 Hearing Date: February 26, 2020 Dept: 29
The Court has reviewed the petition by Petitioner Guadalupe Servin (“Petitioner”) on behalf of Claimant Elizabeth Moreno (“Claimant”). The Court also made inquiries of Petitioner during the hearing. Based upon the foregoing, the Court approves the settlement in this case by signing the proposed order on Form MC-351. The Court incorporates the following findings and orders into Form MC-351:
1. The settlement is fair and reasonable.
2. The award of attorneys’ fees is appropriate.
3. The Court intends to approve distribution of the settlement as follows:
Attorney’s Fees (30%): $74,166.00
Medical Expenses: 0.00
Costs: 0.00
Total Fees and Costs $74,166.00
Total Settlement $250,000.00
Less Credits - $74,166.00
Net Settlement $175,834.00
4. The Court approves the establishment of the “Elizabeth S. Moreno Irrevocable Special Needs Trust” (hereinafter, the “Special Needs Trust”). Petitioner is authorized to execute the trust.
5. Petitioner is ordered to file a proposed order approving the SNT, which includes the following:
a. The provisions of the trust in their entirety [LASC Local Rule 4.115(d)(2)].
b. The findings required by Probate Code 3604(b)(1-3) (included in Attachment 21 of the petition).
c. The provision for satisfaction of statutory liens per Probate Code 3604(d).
d. An order the trustee commence a separate trust proceeding (included in Attachment 21 of the petition).
e. The amount of the trustee’s bond (included in Attachment 21 of the petition), which is $194,000.
f. The due date for the first accounting (one year from trust establishment, i.e., 02/26/2021).
g. The requested investment powers, which the Court allows.
h. The proposed periodic trustee payments for no longer than 12 months.
The trustee is ordered to file Notice of Commencement of Proceeding for a Court Supervised Trust, attaching a conformed copy of the order and the bond. The Court sets a status conference for April 28, 2020 at 8:30 for proof of filing the Notice.
Case Number: BC619767 Hearing Date: January 15, 2020 Dept: 29
Moreno v. Mamelak MD et al.
SUBJECT TO HEARING AND PERSONAL APPEARANCE THEREON:
The parties having appeared (CRC 7.952(a)), and the court having reviewed and heard the Petition to Approve Compromise of Disputed Claim of a Person With a Disability (Elizabeth Moreno, Age 37), the court finds that the settlement is reasonable.
The court intends to
approve distribution of the settlement as follows:
|
Attorney’s fees (30%) |
$74,166.00 |
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Medical expenses |
0.00 |
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Costs |
0.00 |
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Total fees and costs |
$74,166.00 |
|
|
|
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Total Settlement |
$250,000.00 |
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Less credits |
-74,166.00 |
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Net Settlement |
$175,834.00 |
Petitioner proposes to transfer the settlement funds into a special needs trust for the benefit of the claimant. Petition, Attachment 19b(4). The Probate Department must review the terms of the trust. LA. County Super. Ct. R 2.7(f) and 4.115(c).
The hearing is
continued to 2/26/20 at 1:30 p.m. in Department SS-2 to permit the Probate
Department’s review.
Moving party is
ordered to give notice.
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