This case was last updated from Los Angeles County Superior Courts on 07/25/2021 at 22:03:14 (UTC).

MARCO FLORES VS KAISER FOUNDATION HEALTH PLAN INC., ET AL.

Case Summary

On 07/11/2019 MARCO FLORES filed a Personal Injury - Medical Malpractice lawsuit against KAISER FOUNDATION HEALTH PLAN INC . This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are KRISTIN S. ESCALANTE, MARK A. BORENSTEIN and SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4140

  • Filing Date:

    07/11/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

KRISTIN S. ESCALANTE

MARK A. BORENSTEIN

SERENA R. MURILLO

 

Party Details

Plaintiff

FLORES MARCO

Defendants

KAISER PERMANENTE ORCHARD MEDICAL OFFICES - DOWNEY

LAI PAUL PAO-CHIEN D.O.

DOES 1 THROUGH 100 INCLUSIVE

SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP

WINSHIP JOSEPH GLENN M.D.

KAISER FOUNDATION HEALTH PLAN INC.

ROSSI KEVIN JOHN M.D.

Attorney/Law Firm Details

Plaintiff Attorneys

LEDEZMA JORGE

LEDEZMA FLORES JORGE ESQ.

Defendant Attorneys

MEADOWS BRIAN M.

LEVINSON MATTHEW

LEVINSON MATTHEW SAMUEL ESQ.

MEADOWS BRIAN MICHAEL ESQ.

 

Court Documents

Summary of the Case - SUMMARY OF THE CASE STATUS OF ARBITRATION

4/15/2021: Summary of the Case - SUMMARY OF THE CASE STATUS OF ARBITRATION

Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE / ORDER TO SHOW CAUSE RE: ...)

4/20/2021: Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE / ORDER TO SHOW CAUSE RE: ...)

Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE / ORDER TO SHOW CAUSE RE: ...)

10/6/2020: Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE / ORDER TO SHOW CAUSE RE: ...)

Notice of Ruling

10/6/2020: Notice of Ruling

Minute Order - MINUTE ORDER (COURT ORDER)

4/17/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/17/2020

4/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/17/2020

Notice - NOTICE OF ENTRY OF JUDGMENT OR ORDER

11/25/2019: Notice - NOTICE OF ENTRY OF JUDGMENT OR ORDER

Minute Order - MINUTE ORDER (HEARING ON PETITION TO COMPEL ARBITRATION AND STAY ACTION, FI...)

11/22/2019: Minute Order - MINUTE ORDER (HEARING ON PETITION TO COMPEL ARBITRATION AND STAY ACTION, FI...)

Petition - PETITION AND PETITION TO COMPEL ARBITRATION AND STAY ACTION

10/24/2019: Petition - PETITION AND PETITION TO COMPEL ARBITRATION AND STAY ACTION

Memorandum of Points & Authorities

10/24/2019: Memorandum of Points & Authorities

Association of Attorney - ASSOCIATION OF ATTORNEY DEFENDANT'S NOTICE OF ASSOCIATION OF COUNSEL

10/24/2019: Association of Attorney - ASSOCIATION OF ATTORNEY DEFENDANT'S NOTICE OF ASSOCIATION OF COUNSEL

Answer

8/23/2019: Answer

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES

7/25/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES

PI General Order

7/25/2019: PI General Order

Complaint

7/11/2019: Complaint

Civil Case Cover Sheet

7/11/2019: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

7/11/2019: Notice of Case Assignment - Unlimited Civil Case

Summons - SUMMONS ON COMPLAINT

7/12/2019: Summons - SUMMONS ON COMPLAINT

7 More Documents Available

 

Docket Entries

  • 07/07/2022
  • Hearing07/07/2022 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 01/13/2022
  • Hearing01/13/2022 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Post-Arbitration Status Conference

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  • 04/20/2021
  • Docketat 08:30 AM in Department 29, Serena R. Murillo, Presiding; Post-Arbitration Status Conference (/ Order to Show Cause Re Completion of Arbitration) - Held - Continued

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  • 04/20/2021
  • DocketMinute Order ( (Post-Arbitration Status Conference / Order to Show Cause Re: ...)); Filed by Clerk

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  • 04/15/2021
  • DocketSummary of the Case (STATUS OF ARBITRATION); Filed by Southern California Permanente Medical Group (Defendant)

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  • 01/07/2021
  • Docketat 08:30 AM in Department 29, Serena R. Murillo, Presiding; Non-Jury Trial - Not Held - Advanced and Vacated

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  • 12/24/2020
  • Docketat 10:00 AM in Department 29, Serena R. Murillo, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 10/06/2020
  • Docketat 08:30 AM in Department 29, Serena R. Murillo, Presiding; Post-Arbitration Status Conference (/ Order to Show Cause Re Completion of Arbitration) - Held - Continued

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  • 10/06/2020
  • DocketNotice of Ruling; Filed by Southern California Permanente Medical Group (Defendant)

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  • 10/06/2020
  • DocketMinute Order ( (Post-Arbitration Status Conference / Order to Show Cause Re: ...)); Filed by Clerk

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9 More Docket Entries
  • 10/24/2019
  • DocketMemorandum of Points & Authorities (in Support of Petition to Compel Arbitration and Stay Action); Filed by Southern California Permanente Medical Group (Defendant)

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  • 10/24/2019
  • DocketAssociation of Attorney (DEFENDANT'S NOTICE OF ASSOCIATION OF COUNSEL); Filed by Southern California Permanente Medical Group (Defendant)

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  • 08/23/2019
  • DocketAnswer; Filed by Southern California Permanente Medical Group (Defendant)

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  • 07/25/2019
  • DocketPI General Order; Filed by Clerk

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  • 07/25/2019
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Dates); Filed by Clerk

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  • 07/12/2019
  • DocketSummons (on Complaint); Filed by Marco Flores (Plaintiff)

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  • 07/12/2019
  • DocketCivil Case Cover Sheet; Filed by Marco Flores (Plaintiff)

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  • 07/11/2019
  • DocketComplaint; Filed by Marco Flores (Plaintiff)

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  • 07/11/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 07/11/2019
  • DocketCivil Case Cover Sheet; Filed by Marco Flores (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: 19STCV24140    Hearing Date: November 22, 2019    Dept: 2

Flores v. Kaiser Foundation Health Plan, Inc., et al.

Defendant Southern California Permanente Medical Group’s Petition to Compel Arbitration, filed on 8/2/2019, is GRANTED. The action is STAYED pending completion of arbitration.

In the Complaint, Plaintiff Marco Flores asserts claims against Kaiser Foundation Health Plan, Inc.; Kaiser Permanente Orchard Medical Offices – Downey; Southern California Permanente Medical Group; Kevin John Rossi, M.D.; Paul Pao-Chien Lai, D.O.; and Joseph Glenn Winship, M.D. for medical malpractice for allegedly failing to diagnose cancer in a timely manner. Southern California Permanente Medical Group (“Permanente”) has filed a Petition to Compel Arbitration, contending that the claims are subject to binding arbitration pursuant to the provisions of a 2017 Group Agreement and Evidence of Coverage between Kaiser Foundation Health Plan, Inc. (“Agreement/ EOC”) and Lynn’s Auto Air Inc. Plaintiff has not opposed the petition.

Pursuant to section 1281.2, the Court must order the parties to arbitration if it determines that an agreement to arbitrate the controversy exists. The petitioning party has the burden to establish that a valid agreement exists. Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal. App. 4th 696, 705.

Permanente has presented evidence sufficient to establish the following facts: Plaintiff was enrolled as a health plan member under the Agreement/ EOC, and that he had sought and received medical services thereunder. The Agreement/ EOC contained an arbitration clause that required arbitration of claims arising out of an alleged breach of duty for services provided by Kaiser related entities, including Permanente, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and other related entities.

Plaintiff enrolled as a health plan member by submitting an enrollment application on October 15, 2007, and that he remained enrolled through the present time. Directly above Plaintiff’s signature was a disclosure of the arbitration provision, which stated: “Kaiser Foundation Health Plan Arbitration Agreement: I understand that . . . any dispute between myself . . . and the Health Plan, its health care providers, or other associated parties . . . for alleged violation of any duty arising out of or related to membership in the Health Plan, including any claim for medical or hospital malpractice . . . irrespective of legal theory, must be decided by binding arbitration under California law . . . I agree to give up my right to a jury trial and accept the use of binding arbitration. I understand that the full arbitration provision is contained in the Evidence of Coverage.” Plaintiff signed and dated the application directly below this disclosure.

The Court concludes, based on this evidence that a valid arbitration agreement exists. The Agreement /EOC contains a binding arbitration provision and Plaintiff agreed to be bound by the agreement by signing the enrollment form. Plaintiff does not contest that the agreement complies with the statutory provisions governing arbitration agreements in health care service plans at sections 1340, et seq., including Health and Safety Code section 1363.1. The Court concludes that Permanente’s evidence is sufficient to constitute a prima facie showing of compliance with these requirements, including the requirement that the disclosure must be prominently displayed directly above the signature line.

As no controverting evidence or argument has been presented, the Court grants the petition. The Court orders that this action is stayed pending completion of arbitration. Cal. Code Civil Proc. § 1281.4.

The Court sets an OSC re Completion of Arbitration for 5/12/2020 at 8:30 a.m. in Dept. 2.

Moving party is ordered to give notice.

 NOTE:    If Arbitration is not completed prior to 05/12/2020, Counsel for Defendant(s) is ordered to electronically file a JOINT report Re: Status of Arbitration Proceedings five (5) court days prior to 05/12/2020.
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