This case was last updated from Los Angeles County Superior Courts on 06/19/2019 at 15:43:29 (UTC).

SYLVIA VASQUEZ VS ANDRE BERGER, MD

Case Summary

On 10/26/2016 SYLVIA VASQUEZ filed a Personal Injury - Medical Malpractice lawsuit against ANDRE BERGER, MD. 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:

    ****8542

  • Filing Date:

    10/26/2016

  • 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

VASQUEZ SYLVIA

Defendants and Respondents

BERGER ANDRE MD

REJUVALIFE MEDICAL ASSOCIATES

DOES 1 THROUGH 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

JOHN W. MARTIN

MARTIN JOHN W.

Defendant and Respondent Attorneys

BARKUS RAMUNE E. ESQ.

SCHNEIDER STEPHANIE BERMAN ESQ.

 

Court Documents

NOTICE OF ASSOCIATION OF COUNSEL

2/20/2018: NOTICE OF ASSOCIATION OF COUNSEL

Notice of Stay of Proceedings

3/2/2018: Notice of Stay of Proceedings

NOTICE OF LODGING OF STIPULATLON AND PROPOSED ORDER REGARDING EX PARTE APPLICATION BY DEFENDANTS ANDRE BERGER, M.D., AND REJUVALIFE MEDICAL ASSOCIATES TO STAY CASE AND VACATE TRIAL DATE DUE TO LIQUIDA

3/9/2018: NOTICE OF LODGING OF STIPULATLON AND PROPOSED ORDER REGARDING EX PARTE APPLICATION BY DEFENDANTS ANDRE BERGER, M.D., AND REJUVALIFE MEDICAL ASSOCIATES TO STAY CASE AND VACATE TRIAL DATE DUE TO LIQUIDA

EX PARTE APPLICATION BY DEFENDANTS ANDRE BERGER, M.D., AND REJUVALIFE MEDICAL ASSOCIATES TO STAY CASE AND VACATE TRIAL DATE DUE TO LIQUIDATION OF DEFENDANTS' LIABILITY CARRIER, FAIRWAY PHYSICIANS INSU

3/9/2018: EX PARTE APPLICATION BY DEFENDANTS ANDRE BERGER, M.D., AND REJUVALIFE MEDICAL ASSOCIATES TO STAY CASE AND VACATE TRIAL DATE DUE TO LIQUIDATION OF DEFENDANTS' LIABILITY CARRIER, FAIRWAY PHYSICIANS INSU

Minute Order

3/9/2018: Minute Order

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF EX PARTE APPLICATION BY DEFENDANTS ANDRE BERGER, M.D., AND RFJUVALIFF MEDICAL ASSOCIATES TO STAY CASE AND VACATE TRIAL DATE DUE TO LIQUIDATION OF DEFENDANTS'

3/9/2018: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF EX PARTE APPLICATION BY DEFENDANTS ANDRE BERGER, M.D., AND RFJUVALIFF MEDICAL ASSOCIATES TO STAY CASE AND VACATE TRIAL DATE DUE TO LIQUIDATION OF DEFENDANTS'

NOTICE OF RULING RE EX PARTE APPLICATION BY DEFENDANTS ANDRE BERGER, M.D., AND REJUVALIFE MEDICAL ASSOCIATES TO STAY CASE AND VACATE TRIAL DATE DUE TO LIQUIDATION OF DEFENDANTS? LIABILITY CARRIER

3/14/2018: NOTICE OF RULING RE EX PARTE APPLICATION BY DEFENDANTS ANDRE BERGER, M.D., AND REJUVALIFE MEDICAL ASSOCIATES TO STAY CASE AND VACATE TRIAL DATE DUE TO LIQUIDATION OF DEFENDANTS? LIABILITY CARRIER

Status Report

10/19/2018: Status Report

Status Report

11/2/2018: Status Report

Minute Order

11/7/2018: Minute Order

Notice of Ruling

11/21/2018: Notice of Ruling

Notice

1/18/2019: Notice

Minute Order

1/25/2019: Minute Order

Status Report

4/22/2019: Status Report

Substitution of Attorney

5/3/2019: Substitution of Attorney

COMPLAINT FOR MEDICAL MALPRACTICE; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

10/26/2016: COMPLAINT FOR MEDICAL MALPRACTICE; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

PROOF OF SERVICE OF SUMMONS

2/14/2017: PROOF OF SERVICE OF SUMMONS

Request for Judicial Notice

11/9/2017: Request for Judicial Notice

12 More Documents Available

 

Docket Entries

  • 05/03/2019
  • Substitution of Attorney; Filed by Andre,MD Berger (Defendant)

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  • 04/26/2019
  • Notice of Ruling; Filed by Andre,MD Berger (Defendant); Rejuvalife Medical Associates (Defendant)

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  • 04/24/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Status Conference - Not Held - Continued - Stipulation

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  • 04/24/2019
  • Minute Order ( (Status Conference)); Filed by Clerk

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  • 04/22/2019
  • Status Report; Filed by Andre,MD Berger (Defendant); Rejuvalife Medical Associates (Defendant)

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  • 01/29/2019
  • Notice of Ruling; Filed by Andre,MD Berger (Defendant); Rejuvalife Medical Associates (Defendant)

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  • 01/25/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Status Conference - Held - Continued

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  • 01/25/2019
  • Minute Order ( (Status Conference)); Filed by Clerk

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  • 01/18/2019
  • Notice (STATUS REPORT RE ONGOING LIQUIDATION OF FAIRWAY PHYSICIANS INSURANCE COMPANY, IN ADVANCE OF STATUS CONFERENCE); Filed by Andre,MD Berger (Defendant); Rejuvalife Medical Associates (Defendant)

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  • 11/21/2018
  • Notice of Ruling (re Continuance of Status Conference re Ongoing Liquidation of Fairway Physicians Insurance Company); Filed by Andre,MD Berger (Defendant); Rejuvalife Medical Associates (Defendant)

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24 More Docket Entries
  • 11/09/2017
  • Request for Judicial Notice; Filed by Andre,MD Berger (Defendant); Rejuvalife Medical Associates (Defendant)

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  • 03/08/2017
  • Answer; Filed by Andre,MD Berger (Defendant); Rejuvalife Medical Associates (Defendant)

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  • 03/08/2017
  • Answer

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  • 02/14/2017
  • First Amended Complaint; Filed by Sylvia Vasquez (Plaintiff)

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  • 02/14/2017
  • PROOF OF SERVICE OF SUMMONS

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  • 02/14/2017
  • FIRST AMENDED COMPLAINT MEDICAL MALPRACTICE AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

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  • 02/14/2017
  • Proof-Service/Summons; Filed by Sylvia Vasquez (Plaintiff)

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  • 10/26/2016
  • COMPLAINT FOR MEDICAL MALPRACTICE; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

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  • 10/26/2016
  • Complaint; Filed by Sylvia Vasquez (Plaintiff)

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  • 10/26/2016
  • SUMMONS

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Tentative Rulings

Case Number: BC638542    Hearing Date: December 13, 2019    Dept: 5

 

Superior Court of California

County of Los Angeles

Department 5

sylvia vasquez,

Plaintiff,

v.

andre berger, m.d., et al.,

Defendants.

Case No.: BC638542

Hearing Date: December 13, 2019

[TENTATIVE] order RE:

plaintiff’s motion to lift stay

In its order of March 9, 2018, this Court granted an ex parte application by Defendants Andre Berger, M.D. and Rejuvalife Medical Associates (“Defendants”) to stay this action based on an order issued by the Superior Court of the District of Columbia on October 25, 2017. Plaintiff Sylvia Vasquez (“Plaintiff”) now moves the Court to lift the stay.

The District of Columbia Department of Insurance, Securities, and Banking petitioned the Superior Court of the District of Columbia to commence liquidation proceedings against Fairway Physicians Insurance Company (“Fairway”). The Superior Court of the District of Columbia then issued an injunction to stay all actions and proceedings against Fairway and its policyholders. Defendants were policyholders of Fairway and moved this Court to stay the present action based on the order of the Superior Court of the District of Columbia and the Insurance Code. Defendants demonstrated that Fairway is an out-of-state insurer and that the Insurance Code, in adopting the Uniform Insurance Liquidation Act (“UILA”), requires that the parties follow the specific framework therein, which requires presenting claims to the insurance company in liquidation. The Court therefore granted Defendants’ ex parte application to stay this action. Plaintiff has demonstrated that, in its order of August 19, 2019, the Superior Court of the District of Columbia rescinded its order to stay all actions and proceedings against Fairway policyholders. Accordingly, Plaintiff has demonstrated “new or different facts, circumstances, or law” that justify the Court’s lifting its stay order. (See Code Civ. Proc., § 1008.) The motion is granted.

Plaintiff is ordered to provide notice of this order, and file proof of service of such.

DATED: December 13, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC638542    Hearing Date: November 07, 2019    Dept: 5

 

Superior Court of California

County of Los Angeles

Department 5

sylvia vasquez,

Plaintiff,

v.

andre berger, m.d., et al.,

Defendants.

Case No.: BC638542

Hearing Date: October 3, 2019

[TENTATIVE] order RE:

plaintiff’s motion to lift stay

On March 9, 2018, this Court (Lu, J.) granted an ex parte application by Defendants Andre Berger, M.D. and Rejuvalife Medical Associates (“Defendants”) to stay this action based on an order issued by the Superior Court of the District of Columbia on October 25, 2017. The Court ordered Defendants to file a status report on November 7, 2018, concerning the status of the liquidation proceedings.

On November 7, 2018, the Court continued the status conference at the request of Defendants. Per the parties’ oral stipulation, the status conference was continued to January 25, 2019. Per the parties’ oral stipulation, the status conference was continued to April 24, 2019. Per the parties’ stipulation, the status conference was continued to September 12, 2019. Because there was a pending motion, the status conference was continued to October 29, 2019.

In the interim, Plaintiff Sylvia Vasquez (“Plaintiff”) filed a motion for an order lifting the stay and noticed the motion for hearing on October 3, 2019. However, Plaintiff did not file proof of service of this motion on Defendants. Therefore, the Court continued the hearing to November 7, 2019, and ordered Plaintiff to serve the motion on Defendants. Plaintiff failed to do so. As Defendants have not opposed this motion, the Court cannot determine if Defendants received actual notice of this motion. Accordingly, the motion is denied without prejudice for failure to give notice.

In the alternative, the Court denies the motion on the merits. The District of Columbia Department of Insurance, Securities, and Banking petitioned the Superior Court of the District of Columbia to commence liquidation proceedings against Fairway Physicians Insurance Company (“Fairway”). The Superior Court of the District of Columbia then issued an injunction to stay all actions and proceedings against Fairway and its policyholders. Defendants were policyholders of Fairway and moved this Court to stay the present action based on the order of the Superior Court of the District of Columbia and the Insurance Code. Defendants demonstrated that Fairway is an out-of-state insurer and that the Insurance Code, in adopting the Uniform Insurance Liquidation Act (“UILA”), requires that the parties follow the specific framework therein, which requires presenting claims to the insurance company in liquidation. The Court therefore granted Defendants’ ex parte application to stay this action. Plaintiff has not demonstrated “new or different facts, circumstances, or law” that would warrant the Court’s reconsideration of its stay order. (Code Civ. Proc., § 1008.)

CONCLUSION AND ORDER

Plaintiff’s motion to lift the stay is denied. The Court sets an OSC re: Stay for March 4, 2020, at 8:30 a.m. Plaintiff shall provide notice and file proof of such with the Court.

DATED: November 7, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court