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.

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

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

12/13/2018: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Minute Order

12/13/2018: Minute Order

Minute Order

1/29/2019: Minute Order

Unknown

1/29/2019: Unknown

Notice

2/13/2019: Notice

Case Management Statement

2/19/2019: Case Management Statement

Case Management Statement

2/26/2019: Case Management Statement

Minute Order

3/5/2019: Minute Order

Unknown

4/16/2019: Unknown

Minute Order

4/16/2019: Minute Order

Case Management Statement

4/16/2019: Case Management Statement

Notice

5/6/2019: Notice

Minute Order

5/9/2019: Minute Order

Declaration

6/4/2019: Declaration

Motion to Be Relieved as Counsel

6/4/2019: Motion to Be Relieved as Counsel

17 More Documents Available

 

Docket Entries

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

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

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

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

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

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  • 05/02/2019
  • Docketat 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
  • Docketat 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
  • Docketat 11:07 AM in Department A, William D. Stewart, Presiding; Court Order

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

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

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

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

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  • 08/22/2017
  • DocketPROOF OF SERVICE SUMMONS

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

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

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  • 07/27/2017
  • DocketComplaint

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  • 07/27/2017
  • DocketSUMMONS

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

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Tentative Rulings

b"

Case Number: ****0222 Hearing Date: September 24, 2021 Dept: A

Motion to Confirm Arbitration Award

Calendar:

01

Case No.:

****0222

Hearing Date:

September 21, 2021

Action Filed:

July 27, 2017

Trial Date:

In Arbitration

MP:

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

RP:

(No opposition)

ALLEGATIONS:

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

Plaintiff filed her Complaint on July 27, 2017, alleging five causes of action sounding in (1) Assault, (2) Battery, (3) Intentional Infliction of Emotional Distress, (4) Elder Abuse, and (5) Negligence.

PRESENTATION:

On July 29, 2020, the Court granted Defendants' Petition For an Order Appointing a Neutral Arbitrator and appointed Judge Milton as arbitrator.

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

RELIEF REQUESTED:

Defendants move for an order confirming an arbitration award and entry of judgment in their favor against Plaintiff.

DISCUSSION:

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

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

The Court will thus grant the instant motion.

---

RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Defendants' Motion to Confirm Arbitration Award came on regularly for hearing on September 24, 2021, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

THE MOTION TO CONFIRM ARBITRATION AWARD IS GRANTED.

DATE: _______________ _______________________________

JUDGE

"


Case Number: ****0222    Hearing Date: November 06, 2020    Dept: A

Motion to Substitute Neutral Arbitrator

  no opposition  GRANT  


Case Number: ****0222    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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