This case was last updated from Los Angeles County Superior Courts on 06/13/2019 at 05:24:49 (UTC).

CARMEN BORBOA VS SANTA ANITA CONVALESCENT HOSPITAL & RETIRE

Case Summary

On 07/27/2017 CARMEN BORBOA filed a Personal Injury - Other Personal Injury lawsuit against SANTA ANITA CONVALESCENT HOSPITAL RETIRE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is WILLIAM D. STEWART. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0222

  • Filing Date:

    07/27/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

WILLIAM D. STEWART

 

Party Details

Plaintiff and Petitioner

BORBOA CARMEN

Respondents and Defendants

SANTA ANITA CONVALESCENT HOSPITAL &

CYRULNIK SAM

TUBON RAMIR

GOLDSTEIN MENDEO

DOES 1 TO 50

BERNAL JESUS

SILVA PATRICIA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

STERN GLENN E. ESQ.

CACCIATORE THOMAS P. ESQ.

STERN GLENN E. LAW OFFICE OF

MALCZYNSKI MATTHEW PHILIP ESQ.

STERN GLENN EDWIN

STERN GLENN EDWIN ESQ.

Respondent and Defendant Attorneys

LEWIS BRISBOIS BISGAARD & SMITH LLP

WALKER KATHLEEN MARIE

 

Court Documents

Minute Order

11/15/2018: Minute Order

Unknown

11/15/2018: Unknown

Notice

12/3/2018: Notice

Minute Order

12/13/2018: Minute Order

Minute Order

1/29/2019: Minute Order

Unknown

1/29/2019: Unknown

Case Management Statement

2/19/2019: Case Management Statement

Minute Order

3/5/2019: Minute Order

Unknown

4/16/2019: Unknown

Minute Order

5/9/2019: Minute Order

Minute Order

6/7/2019: Minute Order

DEFENDANTS' (SANTA ANITA CONVALESCENT HOSPITAL & RETIREMENT CENTER, INC.; PATRICIA SILVA; ETC

10/18/2017: DEFENDANTS' (SANTA ANITA CONVALESCENT HOSPITAL & RETIREMENT CENTER, INC.; PATRICIA SILVA; ETC

Minute Order

10/25/2017: Minute Order

PLAINTIFF'S NOTICE REGARDING ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

10/26/2017: PLAINTIFF'S NOTICE REGARDING ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

PLAINTIFF'S DECLARATION IN SUPPORT OF OPPOSITION TO MOTION TO COMPEL ARBITRATION

10/12/2017: PLAINTIFF'S DECLARATION IN SUPPORT OF OPPOSITION TO MOTION TO COMPEL ARBITRATION

DEFENDANTS? (SANTA ANITA CONVALESCENT HOSPITAL & RETIREMENT CENTER, INC.; PATRICIA SILVA; MENDEO GOLDSTEIN, JESUS BERNAL; SAM CYRULNIK ) NOTICE OF PETITION AND ETC

9/6/2017: DEFENDANTS? (SANTA ANITA CONVALESCENT HOSPITAL & RETIREMENT CENTER, INC.; PATRICIA SILVA; MENDEO GOLDSTEIN, JESUS BERNAL; SAM CYRULNIK ) NOTICE OF PETITION AND ETC

PROOF OF SERVICE SUMMONS

8/22/2017: PROOF OF SERVICE SUMMONS

SUMMONS

7/27/2017: SUMMONS

17 More Documents Available

 

Docket Entries

  • 06/07/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Status Conference (re Status of Arbitration) - Not Held - Continued - Stipulation

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  • 06/07/2019
  • Minute Order ( (Status Conference re Status of Arbitration)); Filed by Clerk

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  • 06/04/2019
  • Motion to Be Relieved as Counsel; Filed by Carmen Borboa (Plaintiff)

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  • 06/04/2019
  • Declaration (In Support of Attorney's Motion To Be Relieved As Counsel); Filed by Carmen Borboa (Plaintiff)

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  • 05/09/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Status Conference (re Status of Arbitration) - Held - Continued

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  • 05/09/2019
  • Minute Order ( (Status Conference re Status of Arbitration)); Filed by Clerk

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  • 05/06/2019
  • Notice (of Continuance of Status Conference Re: Status of Arbitration); Filed by Carmen Borboa (Plaintiff)

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  • 05/02/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Status Conference (re Status of Arbitration) - Held - Continued

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  • 04/30/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Status Conference (re Status of Arbitration) - Not Held - Advanced and Continued - by Court

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  • 04/16/2019
  • at 11:07 AM in Department A, William D. Stewart, Presiding; Court Order

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75 More Docket Entries
  • 08/22/2017
  • Proof of Service (not Summons and Complaint); Filed by Plaintiff/Petitioner

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  • 08/22/2017
  • Proof of Service (not Summons and Complaint); Filed by Plaintiff/Petitioner

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  • 08/22/2017
  • Proof of Service (not Summons and Complaint); Filed by Plaintiff/Petitioner

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  • 08/22/2017
  • Proof of Service (not Summons and Complaint); Filed by Plaintiff/Petitioner

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  • 08/22/2017
  • PROOF OF SERVICE SUMMONS

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  • 08/22/2017
  • Proof of Service; Filed by Attorney for Plaintiff/Petitioner

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  • 07/27/2017
  • Complaint; Filed by Carmen Borboa (Plaintiff)

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  • 07/27/2017
  • Complaint

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  • 07/27/2017
  • SUMMONS

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  • 07/27/2017
  • COMPLAINT FOR DAMAGES: 1. ASSAULT 2. BATTERY; ETC

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Tentative Rulings

b"

Case Number: BC670222 Hearing Date: September 24, 2021 Dept: A

Motion to Confirm Arbitration Award

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Case No.:

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BC670222

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Hearing Date:

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September 21, 2021

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Action Filed:

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July 27, 2017

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Trial Date:

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In Arbitration

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MP:

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Defendants Santa Anita Convalescent Hospital &\r\n Retirement Center, Inc.; Patricia Silver; Mendeo Goldstein; Jesus Bernal; Sam\r\n Cyrulnik

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RP:

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(No opposition)

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ALLEGATIONS:

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The instant action arises from Plaintiff Carmen A. Borboa (“Plaintiff”)’s interactions with staff\r\nemployed by Defendant Santa Anita Convalescent Hospital & Retirement Center\r\n(“SACH”), and specifically allegations of ongoing emotional abuse by Defendant\r\nMendeo Goldstein (“Goldstein”) from May 2016 onwards, an overdose administered\r\nby Defendant Jesus Bernal (“Bernal”) in December 2016 of the drug commonly\r\nknown as Diludid. The remaining\r\nDefendants Patricia Silva (“Silva”), Ramir Tubon (“Tubon”) and Sam Cyrulnik\r\n(“Cyrulnik” and with SACH, Goldstein, and Bernal the “Defendants”) are alleged\r\nto be responsible parties responsible for preventing Plaintiff’s alleged\r\ninjuries.

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Plaintiff filed her Complaint on July 27, 2017,\r\nalleging five causes of action sounding in (1) Assault, (2) Battery, (3)\r\nIntentional Infliction of Emotional Distress, (4) Elder Abuse, and (5)\r\nNegligence.

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PRESENTATION:

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On July 29, 2020, the Court granted Defendants'\r\nPetition For an Order Appointing a Neutral\r\nArbitrator and appointed Judge Milton as arbitrator.

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The Court received the Motion to Confirm\r\nArbitration Award filed by Defendants on August 19, 2021. The Court has not\r\nreceived any opposition or reply.

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RELIEF REQUESTED:

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Defendants move\r\nfor an order confirming an arbitration award and entry of judgment in their\r\nfavor against Plaintiff.

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DISCUSSION:

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Standard of Review – Confirm Arbitration\r\nAward – CCP § 1285 permits a party to an arbitration in which an award has\r\nbeen made to petition the Court to confirm the award. CCP § 1285.4 requires the\r\npetition to include the following: (1) the substance of or a copy of the agreement\r\nto arbitrate; (2) the names of the arbitrators; and (3) a copy of the award and\r\nthe written opinion of the arbitrators. If the petition has been duly served\r\nand filed, then under CCP § 1286 the Court shall confirm the award as made.

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On review of the papers, the Court finds the\r\npetition has been duly served, and Petitioner includes (1) a copy of the\r\nagreement to arbitrate (Attach. 4(b)); (2) the name of the arbitrator, the\r\nHonorable William C. Pate (Ret.); and (3) a copy of the award and written opinion\r\nof the arbitrator (Attach. 8(c)).

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The Court will thus grant the instant motion.

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RULING:

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In the event the parties submit on this\r\ntentative ruling, or a party requests a signed order or the court in its\r\ndiscretion elects to sign a formal order, the following form will be either\r\nelectronically signed or signed in hard copy and entered into the court’s\r\nrecords.

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ORDER

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Defendants' Motion\r\nto Confirm Arbitration Award came on regularly for hearing on September 24,\r\n2021, with appearances/submissions as noted in the minute order for said\r\nhearing, and the court, being fully advised in the premises, did then and there\r\nrule as follows:

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THE MOTION TO CONFIRM ARBITRATION AWARD IS\r\nGRANTED.

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DATE: \r\n_______________ \r\n_______________________________

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\r\nJUDGE

"

Case Number: BC670222    Hearing Date: November 06, 2020    Dept: A

Motion to Substitute Neutral Arbitrator

  no opposition  GRANT  

Case Number: BC670222    Hearing Date: July 01, 2020    Dept: A

GRANT

Court will name five prospective arbitrators at the hearing, or if the parties so stipulate, one neutral arbitrator.

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