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1 GREGORY R. DE LA PEÑA (SBN 126626)
R. WESLEY PRATT (SBN 191159)
2 KEVIN N. LABARBERA (SBN 325745)
DE LA PEÑA & HOLIDAY LLP ELECTRONICALLY
3 One Embarcadero Center, Suite 2860 F I L E D
San Francisco, CA 94111 Superior Court of California,
4 Telephone: (415) 268-8000 County of San Francisco
Facsimile: (415) 268-8180 06/26/2020
5 Clerk of the Court
Attorneys for Defendants BY: RONNIE OTERO
Deputy Clerk
6 ENCORE KARAOKE LOUNGE, LLC,
MARK ALOIAU, and ANTHONY AMBURN
7
8 SUPERIOR COURT OF CALIFORNIA
9 FOR THE COUNTY OF SAN FRANCISCO
10 CIVIL UNLIMITED JURISDICTION
DE LA PEÑA & HOLIDAY LLP
11
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One Embarcadero Center, Suite 2860
12 JONATHAN KORZEKWA, CASE NO.: CGC-18-570071
San Francisco, CA 94111
13 Plaintiff, SUPPLEMENTAL DECLARATION OF
RENÉE L. BINDER, M.D.
14 v.
15 ENCORE KARAOKE LOUNGE, LLC;
MARK ALOIAU; ANTHONY AMBURN;
16 OCTAVIA INVESTMENT CO., L.P.;
PETER BLASKO; and DOES 1 through 50,
17 inclusive,
18 Defendants.
19
20
I, Renée L. Binder, M.D., declare:
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1. I have personal knowledge of the matters set forth in this declaration, and if called
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upon to testify, I could competently testify to them.
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2. I am a medical doctor, having graduated from the University of California, San
24
Francisco School of Medicine in 1973 and obtaining my California medical license in 1974. I have
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been board-certified in psychiatry by the American Board of Psychiatry since 1978. I have also
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been board-certified in Administrative Psychiatry since 1993, and in Forensic Psychiatry since
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1994. I am a full professor of medicine at the University of California, San Francisco School of
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174196 1 CASE NO.: CGC-18-570071
SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D.
1 Medicine and have both an academic and clinical practice. I am also presently the Director of the
2 Psychiatry and the Law program at the University of California, San Francisco School of Medicine.
3 Further, I am an Associate Dean in the Office of Academic Affairs at the School of Medicine. I am
4 the past president of the American Psychiatric Association. A true and correct copy of my
5 curriculum vitae is attached hereto as Exhibit A.
6 3. As I have previously articulated in a prior declaration, I have treated hundreds of
7 patients who have suffered head injuries that have resulted in past, present, and ongoing conditions,
8 including the type of psychiatric, cognitive and physical injuries that Mr. Korzekwa initially alleged
9 in this case as well as the conditions that he now alleges that he has suffered in the past. I also have
10 treated hundreds if not thousands of patients requiring prescription a variety of medications to treat
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11 both psychiatric, cognitive, and physical injuries.
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12 4. I have been retained as a consultant/expert on behalf of defendants Encore Karaoke
San Francisco, CA 94111
13 Lounge, LLC, Mark Aloiau, and Anthony Amburn in this matter.
14 5. I have been retained to help evaluate Mr. Korzekwa’s injuries in this case, including,
15 evaluating the nature, extent, and severity of the mental and emotional distress he actually
16 experienced due to this incident. Specifically, my task is to determine the nature and extent of
17 injuries and their medically-probable cause due to the incident that is the subject of his Complaint.
18 I am also evaluating the extent to which any medication that Mr. Korzekwa has been taking is
19 affecting, causing, or contributing to any of the injuries he claims in this case, whether those
20 injuries are physical, mental, emotional, cognitive, or otherwise.
21 6. In order to determine the extent of these alleged injuries and their medically-
22 probable cause, I must obtain information about Mr. Korzekwa’s medical and psychiatric history,
23 and medical and psychiatric treatment subsequent to the alleged assault. I also must obtain
24 information about pre-existing and concurrent conditions, and prescribed medications that could be
25 the partial or total cause of the medical injuries Mr. Korzekwa claims in this matter, even if he
26 claims that some or all of his injuries have resolved as of the present time. This also includes those
27 medical conditions and prescribed medication that could mitigate or exacerbate the effect of the
28 events alleged in the lawsuit.
174196 2 CASE NO.: CGC-18-570071
SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D.
1 7. As part of doing this, I reviewed the following materials:
2 a. Complaint for damages and injunctive relief, filed September 25, 2018 (Attached as
3 Exhibit “A”;
4 b. Plaintiff Jonathan Korzekwa’s written discovery responses:
5 i. Plaintiff’s Response to Encore Karaoke Lounge, LLC’s Form Interrogatories,
6 Set One (Exhibit “B”);
7 ii. Plaintiff’s Response to Encore Karaoke Lounge, LLC’s Special
8 Interrogatories, Set One (Exhibit “B”)
9 iii. Plaintiff’s Response to Encore Karaoke Lounge, LLC’s Request for
10 Admission, Set One (Exhibit “B”)
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11 iv. Plaintiff’s Response to Encore Karaoke Lounge, LLC’s Requests for
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12 Production of Documents, Set One (Exhibit “B”);
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13 c. Plaintiff Jonathan Korzekwa’s production of documents and things (4 videos)
14 (KORZ0001 – KORZ0120);
15 d. Plaintiff Jonathan Korzekwa’s production of documents (KORZ0121 – KORZ0134);
16 e. Selected medical and billing records produced after plaintiff’s counsel’s review,
17 limited in scope, and redacted which have come from the following providers and
18 facilities:
19 i. California Advanced Imaging Medical Associates (billing only);
20 ii. California Pacific Orthopaedics & Sports Medicine (medical and billing);
21 iii. Daniel F. Hartman, M.D. (medical and billing);
22 iv. Donald C. Kitt, M.D. (medical only);
23 v. Jacqueline Lumer, LMFT (psychotherapy - partial);
24 vi. Pacific Eye Associates (medical and billing);
25 vii. Presidio Surgery Center (medical and billing);
26 viii. Radnet Medical Imaging (MRI dated 5/9/18);
27 ix. Radnet, Inc. (billing);
28 x. Anurag Goel, M.D. (medical only);
174196 3 CASE NO.: CGC-18-570071
SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D.
1 f. Clinical Neuropsychological Evaluation by Maureen Daly, Ph.D.;
2 g. My prior declaration in this litigation;
3 h. Plaintiff’s stipulation (dated January 27, 2020) with respect to his injuries,
4 complaints, and damages (Exhibit “B”);
5 i. Meet and confer correspondence between the involved attorneys in the case where
6 the stipulation, the scope of the plaintiff’s injuries, the scope and/or damages have
7 been discussed and analyzed and which meet and confer efforts did not operate to
8 resolve the dispute between counsel.
9 8. In the complaint (Exhibit A), I saw that Mr. Jonathan Korzekwa (“Mr. Korzekwa”)
10 initially alleged, that he suffered permanent and severe injuries on February 16, 2018, including,
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11 but not limited to, a traumatic brain injury with attendant cognitive, emotional and physical
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12 symptoms. He alleges in his Complaint that the sole cause of these injuries are the physical injuries
San Francisco, CA 94111
13 he sustained in the altercation with defendant’s employees and/or patrons at the defendant’s
14 premises.
15 9. In his answers for Form Interrogatory no. 6.3, Mr. Korzekwa also alleges the
16 following injuries:
17 a. Cognitive difficulties, experiences this daily, and has remained fairly consistent for
the last five months;
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b. Headaches, for six days of the week, lasting most of the day, and the complaint
19 remains the same;
20 c. Loss of peripheral vision in left eye, and this complaint is constant and remains the
same;
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d. Insomnia, which occurs nightly, for the last three and a half months;
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e. Previously-diagnosed ADHD has become problematic again, which is constant and
23 this complaint has remained the same;
24 f. Depression, and experiences depression most days of the week;
25 g. Mental fatigue, which has remained consistent for the past five months;
26 h. Panic attacks 3-4 times per week;
27 i. Social withdrawal, which is constant and has remained the same;
28 j. Difficulty interacting with clients for 5-6 days per week, and has remained this way
174196 4 CASE NO.: CGC-18-570071
SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D.
1 for the past five months;
2 k. Difficulty controlling his emotions, and this complaint has remained fairly constant;
3 l. Diminished sense of smell, that is still constant; and
4 m. Pain in his hip that is constant.
5 10. From the above, Mr. Korzekwa initially alleged that the injuries and symptoms were
6 affecting almost every aspect of his life, including physically, emotionally, cognitively, socially,
7 psychologically, and otherwise.
8 11. It is also my understanding that Mr. Korzekwa previously demanded $1 million from
9 the defendants because he believes that he has suffered permanent, life-changing brain injuries.
10 12. I have reviewed the Stipulation Re Plaintiff’s Damages Claims (Exhibit B) that I
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11 understand was prepared by Mr. Korzekwa’s attorney. That stipulation provides that Mr.
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12 Korzekwa is no longer claiming mental and emotional distress over and above that usually
San Francisco, CA 94111
13 associated with the physical injuries claimed. It is my understanding he is basically claiming only
14 “garden variety” emotional distress claims.
15 13. I have seen in correspondence that Mr. LaBarbera contends that deposition
16 testimony of Dr. Goel and other mental health professionals is directly relevant to the alleged
17 emotional and physical conditions claimed by Plaintiff. Mr. LaBarbera further contends that
18 defendants are unable to discern what mental and emotional issues would be considered “garden
19 variety” emotional distress as a result of the alleged assault, and what are “over and above” that
20 usually associated with the physical injury.
21 14. I have also seen in correspondence that Mr. May, Mr. Korzekwa’s attorney, feels
22 otherwise. Mr. May believes Mr. Korzekwa only saw Dr. Goel for mental health issues unrelated
23 to the subject incident, and thus, his communications with Dr. Goel are not directly relevant to the
24 claims. I also saw that Mr. May feels that he, as an attorney, can distinguish between treatment for
25 mental and emotional distress symptoms that are associated with the alleged assault, and treatment
26 for symptoms that are unrelated to the alleged assault.
27 15. After reviewing the medical records from Dr. Goel, it is my medical opinion that his
28 deposition is relevant and necessary in order to evaluate the injuries and symptoms claimed by Mr.
174196 5 CASE NO.: CGC-18-570071
SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D.
1 Korzekwa in this case.
2 16. Dr. Goel’s records indicate Plaintiff was prescribed medication intended to treat
3 anxiety and depression in the months following the alleged incident. Anxiety and depression are
4 both symptoms/diagnoses Plaintiff is claiming in this lawsuit.
5 17. Dr. Goel’s records also indicate that Plaintiff told Dr. Goel he was physically
6 assaulted two months preceding his April 2018 visit. Iterations of this note appear in every
7 subsequent patient chart. In my professional opinion, when a note like this appears in a
8 psychiatrist’s patient chart, it is highly suggestive that this purported event is a relevant factor in
9 diagnoses and treatment plans.
10 18. Furthermore, Dr. Goel’s records indicate Plaintiff was taking a variety of prescribed
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11 medications prior to, and subsequent to, the alleged assault, including: Dexedrine, Adderall, Zoloft,
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12 Remeron, Trazodone, and Lexapro. It is important to find out the facts surrounding why Dr. Goel
San Francisco, CA 94111
13 prescribed these medications. These medications may be the partial or total cause of
14 symptoms/diagnoses Plaintiff alleges in the case. These medications, and/or a combination thereof,
15 could also exacerbate symptoms Plaintiff is alleging in the case. As one example, Dexedrine and
16 Adderall are known to at times to cause insomnia, one of the conditions Mr. Korzekwa claims in
17 this case. It is important to find out to what extent Mr. Goel, a treating doctor, believes this drug
18 affected Mr. Korzekwa sleep patterns.
19 19. Dr. Goel’s records indicate that Plaintiff went through life-changing events prior to,
20 and while concurrently seeking treatment from Dr. Goel. These events include a divorce and loss
21 of employment. Events as significant as these can meaningfully contribute to many of the
22 symptoms Mr. Korzekwa claims in this case, including mental and emotional distress, insomnia,
23 amongst other things. Dr. Goel’s deposition testimony is relevant as to whether, and to what extent,
24 such dramatic life experiences have contributed to the symptoms Plaintiff alleges in this lawsuit.
25 20. It is my understanding that defendants sought clarification as to the meaning of
26 Plaintiff’s Stipulation Re Plaintiff’s Damages Claims on or around April 3, 2020. Defendants
27 asked Plaintiff to confirm which symptoms/diagnoses are being alleged by Plaintiff as damages in
28 this lawsuit. Defendants asked, “…what mental and emotional distress symptoms/diagnoses are
174196 6 CASE NO.: CGC-18-570071
SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D.
1 associated with the physical injury as a result of the assault, and what are ‘over and above.’”
2 21. I have reviewed Mr. May’s response to a request to identify those symptoms which
3 Mr. Korzekwa will claim as “garden-variety” emotional distress damages versus emotional distress
4 damages which are over and above such damages that are normally associated with the physical
5 injury. I do not understand, as a medical doctor, Mr. May’s response. As best as I can determine
6 from reading the correspondence, I cannot determine whether his response is consistent or
7 inconsistent with medical science. Mr. May’s correspondence includes the following:
8 a. Mr. May states Mr. Korzekwa is not claiming depression, the diagnosed psychiatric
9 injury, but rather “sadness and emotional distress of the sort usually associated with
10 the physical injuries.” I do not understand what this means from a medical
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11 perspective. “Sadness and emotional distress of the sort usually associated with
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12 physical injuries” are not medical terms nor words that I have heard from a medical
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13 doctor. As such, I do not know and cannot determine the severity, nature, and extent
14 of the symptoms and injuries that are being claimed. Individuals react to physical
15 injuries in different ways based on factors such as pre-existing history, ongoing
16 stressors, and social support.
17 b. Mr. May states Mr. Korzekwa is claiming damages for the symptom of social
18 withdrawal. However, Mr. Korzekwa is not claiming a diagnosed psychiatric injury,
19 but rather “the usual hesitance/avoidance of going out that would be associated with
20 the physical injuries claimed.” Again, these words do not make sense to me from a
21 medical perspective. These are not the words I would normally hear from a medical
22 doctor. As such, I do not know what symptoms and injuries are being claimed. As
23 such, I do not know and cannot determine the severity, nature, and extent of the
24 symptoms and injuries that are being claimed. Individuals react to physical injuries
25 in different ways based on factors such as pre-existing history, ongoing stressors,
26 and social support.
27 c. Mr. May states Mr. Korzekwa is claiming damages for the symptom of anxiety.
28 However, Plaintiff asserts he is not claiming the diagnosed psychiatric injury, but
174196 7 CASE NO.: CGC-18-570071
SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D.
1 rather “nervousness, worry, and emotional distress of the sort usually associated with
2 the physical injuries.” From a medical perspective, I do not understand what this
3 means. These are words that I have not heard a medical doctor use. As such, I do
4 not know and cannot determine the severity, nature, and extent of the symptoms and
5 injuries that are being claimed. Individuals react to physical injuries in different
6 ways based on factors such as pre-existing history, ongoing stressors, and social
7 support.
8 22. I do not believe that a lawyer has the education, knowledge, experience, and training
9 to determine what is medically relevant to assess and/or diagnose physical, psychological,
10 emotional, and social conditions in this case. In fact, to my understanding, only a medical doctor is
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11 legally able to assess, diagnose, and treat the injuries and symptoms that plaintiff claiming in this
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12 lawsuit.
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13 23. This is not a case where the plaintiff’s claims of injuries are limited to a specific
14 body part, such as a case involving the fracture of a specific bone or an injury to a distinct
15 anatomical part of the body. This case involves head trauma and the resulting injuries from the
16 head trauma. As I stated above, the symptoms being claimed in this case affect almost every part of
17 Mr. Korzekwa’s life.
18 24. Dr. Goel’s deposition is medically relevant to the evaluation and determination of
19 causation for the injuries and symptoms plaintiff complained of in this matter. Even if plaintiff’s
20 symptoms are alleged to be temporary, I need to determine their medical causation.
21 25. Mr. Korzekwa is clearly claiming mental and emotional injuries. Part of my job is to
22 determine whether those mental and emotional injuries are severe enough to be diagnosable in
23 addition to determine whether they are due to long-term independent psychiatric issues. As such, it
24 is important for me to learn about Mr. Korzekwa’s was full medical history as it pertains to mental
25 and emotional distress and condition.
26 26. An understanding of Plaintiff’s psychological problems, medical conditions,
27 medications or substance use is required for me to arrive at my opinions and a determination of the
28 nature, cause, extent, expected duration, and appropriate treatment of the plaintiff’s current claimed
174196 8 CASE NO.: CGC-18-570071
SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D.
1 emotional, cognitive and physical injuries.
2 27. All records and deposition testimony concerning pre-existing medical,
3 psychological, or cognitive problems are necessary in my medical analyses because these pre-
4 existing medical, psychological and/or cognitive difficulties are relevant to opinions on causation,
5 i.e. mitigation or exacerbation of medical conditions and their impact on the injuries that form the
6 basis of the lawsuit.
7 28. In addition to Dr. Goel, Plaintiff sought mental health treatment from other medical
8 professionals in the months following the alleged assault. Deposition testimony of these mental
9 health treaters will be directly related to the nature, cause, and extent of damages claimed by
10 Plaintiff in this lawsuit. For example:
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11 a. In July 2018, Plaintiff tells Jacqueline Lumer, LMFT, that he uses marijuana on a
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12 weekly basis. On June 24, 2019, Plaintiff told Dr. Maureen Daly that he had stopped
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13 using cannabis at the end of 2018. Substances, including marijuana, can affect a
14 person’s cognitive functioning and mood status.
15 b. Various medical records indicate Mr. Korzekwa was treated for ADHD with
16 Dexedrine. Psychostimulants such as these can affect a person’s sleep, mood and
17 cognitive function.
18 29. In summary, it is my professional medical opinion that deposition testimony from
19 Plaintiff’s mental health providers is required for me to be able to fully opine on causation and
20 damages in this case.
21 30. To the best I understand them, the limitations asserted by attorney Joseph May are
22 not consistent with medical science.
23 31. The deposition testimony and employment records will also identify the names of
24 significant others who have had relationships with the plaintiff and will discuss the nature and
25 quality of those relationships. This is due to Mr. Korzekwa’s claim that he has social withdrawal
26 that has not diminished since the incident that is subject to this lawsuit. (Responses to Form
27 Interrogatories).
28 I declare under penalty of perjury of the laws of the State of California that the foregoing is
174196 9 CASE NO.: CGC-18-570071
SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D.
1 true and correct.
2 Executed this 23 day of June, at San Francisco, California.
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174196 10 CASE NO.: CGC-18-570071
SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D.
EXHIBIT A
Prepared:
3/1/18
University of California, San Francisco
CURRICULUM VITAE
Name: Renée L. Binder, M.D.
Current Title: Distinguished Professor
Department: Department of Psychiatry, School of Medicine
University of California, San Francisco
Current Positions: Director, Psychiatry and the Law Program (as of 2/99)
Associate Dean in the Office of Academic Affairs, School of Medicine (as of
10/04)
President, American Psychiatric Association (May 2015-May 2016)
Prior Positions (2008- Interim Chair of Department of Psychiatry
11): Director of Langley Porter Psychiatric Hospital and Clinics
Address: 401 Parnassus Avenue, San Francisco, CA 94143-0984
Phone: (415) 476-7304
Fax: (415) 502-2206
E-mail: reneeb@lppi.ucsf.edu
EDUCATION:
Dates Institution Attended & Location Degree or Status Major Subjects
1965-69 Barnard College, New York, NY 1969, B.A., cum laude Art History & Pre-Medicine
1969-73 University of California, San Francisco 1973, M.D. Medicine
School of Medicine
1973-76 Mt. Zion Hospital & Medical Center, Intern & Resident Psychiatry
San Francisco
2010 Harvard School of Public Health Program for Chiefs of Health Policy and
Clinical Services Management
LICENSES, CERTIFICATIONS:
1974 Medical license, California G27505
1978 Certified, American Board of Psychiatry & Neurology —Specialty of Psychiatry
1993 Certified, Administrative Psychiatry
CURRICULUM VITAE Renée Binder, M.D. Page 2
1994- 2004 Certified, American Board of Psychiatry & Neurology—Subspecialty of Forensic
Psychiatry
2004-2014 Recertified, American Board of Psychiatry & Neurology—Subspecialty of Forensic
Psychiatry
2013-2023 Recertified, American Board of Psychiatry & Neurology—Subspecialty of Forensic
Psychiatry
PRINCIPAL POSITIONS HELD:
1976-77 UCSF Clinical Instructor
1977-85 UCSF Assistant Professor of Psychiatry
1985-91 UCSF Associate Professor of Psychiatry
1991-now UCSF Professor of Psychiatry
OTHER POSITIONS HELD CONCURRENTLY:
1974-77 Menlo Park Veterans Hospital Physician O.D.
1976-86 Langley Porter Psychiatric Institute Director, Emergency Services
1978-80 Langley Porter Psychiatric Institute Director, Rape Treatment Center
1976-77 Langley Porter Psychiatric Institute Staff Psychiatrist, Crisis Intervention Unit
1977-99 Langley Porter Psychiatric Institute Director, Adult Inpatient Service
1976-now Langley Porter Psychiatric Institute Attending Physician, Medical Staff
HONORS, AWARDS, AND FELLOWSHIPS:
1974-76 American Psychiatric Association Falk Fellowship. One of twenty residents selected
throughout this country to become involved with the APA on a national level
1984 Women of Achievement Award by the Soroptomist International of the Americas given in
recognition by peers of "outstanding abilities, talents and contributions to the profession"
1986 Interdisciplinary Achievement Award from the Langley Porter Psychiatric Institute Alumni-
Faculty Association. Awarded for significant contribution to interdisciplinary work and
understanding in the field of mental health
1986 World Health Organization Travel-Study Fellowship to Japan. Awarded to individuals "who
show the greatest promise of benefiting health programs in the United States."
1990 Visiting Research Fellow, National Hospital for Nervous Diseases, Queen Square, London,
UK: June-August, 1990
1998 Northern California Psychiatric Society “President’s Distinguished Service Award” for “skill
in building consensus in a diverse organization and for efficient and responsible
leadership style”
2003 American Psychiatric Association Congressional Health Policy Fellowship to work in the
U.S. Senate and consult on health policy.
2004 California Psychiatric Association Award for Contributions and Service
2005 Distinguished Service on the Center for Judicial Education and Research Faculty
presented by the Administrative Office of the Courts
2006 Dr. J. Elliott Royer Award for academic excellence and significant contributions to the
field of academic psychiatry
CURRICULUM VITAE Renée Binder, M.D. Page 3
2006 Plenary Speaker at UCSF Dean’s Office Symposium for Mid-Career Faculty
2006 Psychiatry Residents Association Award for “Excellence in Teaching”
2006 American Academy of Psychiatry and the Law’s “Seymour J. Pollack Distinguished
Achievement Award” in recognition of distinguished contributions to the teaching and
educational functions of forensic psychiatry
2009 Keynote speaker:Conference on Violence sponsored by the SF Department of Public Health
2009 UCSF “Champion of Diversity” for commitment and efforts toward achieving diversity in
the category of leadership
2010 Distinguished Life Fellow of the American Psychiatric Association
2014 Selected as one of the “Best Doctors in America” (first selected in 1996)
2014 American Academy of Psychiatry and the Law’s “Golden AAPL Award” in recognition of
significant contributions to the field of forensic psychiatry
2017 Visiting Professor, Yale University
2018 Isaac Ray Award for “Outstanding Contributions to Forensic Psychiatry or the Psychiatric
Aspects of Jurisprudence”
PROFESSIONAL ORGANIZATIONS:
Memberships:
1974-now Northern California Psychiatric Society
1974-now American Psychiatric Association
1985-now American Academy of Psychiatry and the Law
Service To Professional Organizations:
1974-75 Northern California Psychiatric Society Committee on Women
1974-75 American Psychiatric Association Committee of Medical Education
1975-76 Northern California Psychiatric Society Resident Councilor to Executive
Committee
1975-76 Northern California Psychiatric Society Nominating Committee
1996, 1999, 2000
1978-79 Northern California Psychiatric Society Medi-Cal Committee
1979-80 American Psychiatric Association Task Force of Psychiatric Emergency
Care Issues, Resource Person
1983-89 American Psychiatric Association Committee on Women
1987-89 American Academy of Psychiatry and the Law Public Information Committee
1988-90 American Academy of Psychiatry and the Law Education Committee
1989-03 American Academy of Psychiatry and the Law Journal Committee
1990-94 American Academy of Psychiatry and the Law Fellowship Committee
1990-97 American Academy of Psychiatry and the Law Program Committee
1994-97 American Academy of Psychiatry and the Law Chair of Membership Committee
1991-92 American Academy of Psychiatry and the Law Chair of Program Committee
1991-94 American Academy of Psychiatry and the Law Councilor
1997-00 American Academy of Psychiatry and the Law Nominating Committee
1989-90 Northern California Psychiatric Society Fellowship Committee
1989-90 American Psychiatric Association Committee on Confidentiality
1995 American Academy of Psychiatry and the Law Ad Hoc Committee to Search for
Medical Director
1990-95 American Psychiatric Association Chair of Committee on Confidentiality
1995-00 American Psychiatric Association Council on Psychiatry and the Law
CURRICULUM VITAE Renée Binder, M.D. Page 4
1991-95 American Psychiatric Association Practice Guidelines Work Group on
Developing Guidelines for Psychiatric
Evaluation of Adults
1989-93 American Psychiatric Association Task Force on Clinician Safety
1989-90 Association for Women Psychiatrists Treasurer
1989-now Group for Advancement of Psychiatry Committee on Psychiatry and the Law
(Contributing status as of 4/92)
1994-95 American Academy of Psychiatry and the Law Vice President
1995-96 Northern California Psychiatric Society Vice President
1995-97 American Psychiatric Association Chair of Subcommittee on Child Custody
Issues
1996-97 California Psychiatric Association Executive Council
1996-97 Northern California Psychiatric Society President-Elect
1997-98 Northern California Psychiatric Society President
1997-00 American Psychiatric Association Chair of Council on Psychiatry and the
Law
1997-98 American Academy of Psychiatry and the Law President
1998-99 American Psychiatric Association Task Force to Prepare APA Position
Statement on Confidentiality
2000-04 American Psychiatric Association Chair of Commission/Committee on
Judicial Action
2000-03 American Psychiatric Association Commission on Public Policy, Litigation
and Advocacy
2000-02 California Psychiatric Association President-elect
2001-14 American Academy of Psychiatry and the Law Chair, Awards Committee
2004-06 American Academy of Psychiatry and the Law President, Association of Directors of
Forensic Psychiatry Fellowships
2002-04 California Psychiatric Association President
2005-12 American Psychiatric Association Isaac Ray Award Committee (Chair
2009-12)
2004-07 American Psychiatric Association Trustee-at-large
2004-05 American Psychiatric Association Work Group to revise 1995 Practice
Guideline for the Psychiatric Evaluation
of Adults
2005- American Psychiatric Association Task Force to Update the Ethics
Annotations
2007-12 American Psychiatric Association Committee on Advocacy and Litigation
2008-12 Am
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1 GREGORY R. DE LA PEÑA (SBN 126626) R. WESLEY PRATT (SBN 191159) 2 KEVIN N. LABARBERA (SBN 325745) DE LA PEÑA & HOLIDAY LLP ELECTRONICALLY 3 One Embarcadero Center, Suite 2860 F I L E D San Francisco, CA 94111 Superior Court of California, 4 Telephone: (415) 268-8000 County of San Francisco Facsimile: (415) 268-8180 06/26/2020 5 Clerk of the Court Attorneys for Defendants BY: RONNIE OTERO Deputy Clerk 6 ENCORE KARAOKE LOUNGE, LLC, MARK ALOIAU, and ANTHONY AMBURN 7 8 SUPERIOR COURT OF CALIFORNIA 9 FOR THE COUNTY OF SAN FRANCISCO 10 CIVIL UNLIMITED JURISDICTION DE LA PEÑA & HOLIDAY LLP 11 Tel. (415) 268-8000 Fax. (415) 268-8180 One Embarcadero Center, Suite 2860 12 JONATHAN KORZEKWA, CASE NO.: CGC-18-570071 San Francisco, CA 94111 13 Plaintiff, SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D. 14 v. 15 ENCORE KARAOKE LOUNGE, LLC; MARK ALOIAU; ANTHONY AMBURN; 16 OCTAVIA INVESTMENT CO., L.P.; PETER BLASKO; and DOES 1 through 50, 17 inclusive, 18 Defendants. 19 20 I, Renée L. Binder, M.D., declare: 21 1. I have personal knowledge of the matters set forth in this declaration, and if called 22 upon to testify, I could competently testify to them. 23 2. I am a medical doctor, having graduated from the University of California, San 24 Francisco School of Medicine in 1973 and obtaining my California medical license in 1974. I have 25 been board-certified in psychiatry by the American Board of Psychiatry since 1978. I have also 26 been board-certified in Administrative Psychiatry since 1993, and in Forensic Psychiatry since 27 1994. I am a full professor of medicine at the University of California, San Francisco School of 28 174196 1 CASE NO.: CGC-18-570071 SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D. 1 Medicine and have both an academic and clinical practice. I am also presently the Director of the 2 Psychiatry and the Law program at the University of California, San Francisco School of Medicine. 3 Further, I am an Associate Dean in the Office of Academic Affairs at the School of Medicine. I am 4 the past president of the American Psychiatric Association. A true and correct copy of my 5 curriculum vitae is attached hereto as Exhibit A. 6 3. As I have previously articulated in a prior declaration, I have treated hundreds of 7 patients who have suffered head injuries that have resulted in past, present, and ongoing conditions, 8 including the type of psychiatric, cognitive and physical injuries that Mr. Korzekwa initially alleged 9 in this case as well as the conditions that he now alleges that he has suffered in the past. I also have 10 treated hundreds if not thousands of patients requiring prescription a variety of medications to treat DE LA PEÑA & HOLIDAY LLP 11 both psychiatric, cognitive, and physical injuries. Tel. (415) 268-8000 Fax. (415) 268-8180 One Embarcadero Center, Suite 2860 12 4. I have been retained as a consultant/expert on behalf of defendants Encore Karaoke San Francisco, CA 94111 13 Lounge, LLC, Mark Aloiau, and Anthony Amburn in this matter. 14 5. I have been retained to help evaluate Mr. Korzekwa’s injuries in this case, including, 15 evaluating the nature, extent, and severity of the mental and emotional distress he actually 16 experienced due to this incident. Specifically, my task is to determine the nature and extent of 17 injuries and their medically-probable cause due to the incident that is the subject of his Complaint. 18 I am also evaluating the extent to which any medication that Mr. Korzekwa has been taking is 19 affecting, causing, or contributing to any of the injuries he claims in this case, whether those 20 injuries are physical, mental, emotional, cognitive, or otherwise. 21 6. In order to determine the extent of these alleged injuries and their medically- 22 probable cause, I must obtain information about Mr. Korzekwa’s medical and psychiatric history, 23 and medical and psychiatric treatment subsequent to the alleged assault. I also must obtain 24 information about pre-existing and concurrent conditions, and prescribed medications that could be 25 the partial or total cause of the medical injuries Mr. Korzekwa claims in this matter, even if he 26 claims that some or all of his injuries have resolved as of the present time. This also includes those 27 medical conditions and prescribed medication that could mitigate or exacerbate the effect of the 28 events alleged in the lawsuit. 174196 2 CASE NO.: CGC-18-570071 SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D. 1 7. As part of doing this, I reviewed the following materials: 2 a. Complaint for damages and injunctive relief, filed September 25, 2018 (Attached as 3 Exhibit “A”; 4 b. Plaintiff Jonathan Korzekwa’s written discovery responses: 5 i. Plaintiff’s Response to Encore Karaoke Lounge, LLC’s Form Interrogatories, 6 Set One (Exhibit “B”); 7 ii. Plaintiff’s Response to Encore Karaoke Lounge, LLC’s Special 8 Interrogatories, Set One (Exhibit “B”) 9 iii. Plaintiff’s Response to Encore Karaoke Lounge, LLC’s Request for 10 Admission, Set One (Exhibit “B”) DE LA PEÑA & HOLIDAY LLP 11 iv. Plaintiff’s Response to Encore Karaoke Lounge, LLC’s Requests for Tel. (415) 268-8000 Fax. (415) 268-8180 One Embarcadero Center, Suite 2860 12 Production of Documents, Set One (Exhibit “B”); San Francisco, CA 94111 13 c. Plaintiff Jonathan Korzekwa’s production of documents and things (4 videos) 14 (KORZ0001 – KORZ0120); 15 d. Plaintiff Jonathan Korzekwa’s production of documents (KORZ0121 – KORZ0134); 16 e. Selected medical and billing records produced after plaintiff’s counsel’s review, 17 limited in scope, and redacted which have come from the following providers and 18 facilities: 19 i. California Advanced Imaging Medical Associates (billing only); 20 ii. California Pacific Orthopaedics & Sports Medicine (medical and billing); 21 iii. Daniel F. Hartman, M.D. (medical and billing); 22 iv. Donald C. Kitt, M.D. (medical only); 23 v. Jacqueline Lumer, LMFT (psychotherapy - partial); 24 vi. Pacific Eye Associates (medical and billing); 25 vii. Presidio Surgery Center (medical and billing); 26 viii. Radnet Medical Imaging (MRI dated 5/9/18); 27 ix. Radnet, Inc. (billing); 28 x. Anurag Goel, M.D. (medical only); 174196 3 CASE NO.: CGC-18-570071 SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D. 1 f. Clinical Neuropsychological Evaluation by Maureen Daly, Ph.D.; 2 g. My prior declaration in this litigation; 3 h. Plaintiff’s stipulation (dated January 27, 2020) with respect to his injuries, 4 complaints, and damages (Exhibit “B”); 5 i. Meet and confer correspondence between the involved attorneys in the case where 6 the stipulation, the scope of the plaintiff’s injuries, the scope and/or damages have 7 been discussed and analyzed and which meet and confer efforts did not operate to 8 resolve the dispute between counsel. 9 8. In the complaint (Exhibit A), I saw that Mr. Jonathan Korzekwa (“Mr. Korzekwa”) 10 initially alleged, that he suffered permanent and severe injuries on February 16, 2018, including, DE LA PEÑA & HOLIDAY LLP 11 but not limited to, a traumatic brain injury with attendant cognitive, emotional and physical Tel. (415) 268-8000 Fax. (415) 268-8180 One Embarcadero Center, Suite 2860 12 symptoms. He alleges in his Complaint that the sole cause of these injuries are the physical injuries San Francisco, CA 94111 13 he sustained in the altercation with defendant’s employees and/or patrons at the defendant’s 14 premises. 15 9. In his answers for Form Interrogatory no. 6.3, Mr. Korzekwa also alleges the 16 following injuries: 17 a. Cognitive difficulties, experiences this daily, and has remained fairly consistent for the last five months; 18 b. Headaches, for six days of the week, lasting most of the day, and the complaint 19 remains the same; 20 c. Loss of peripheral vision in left eye, and this complaint is constant and remains the same; 21 d. Insomnia, which occurs nightly, for the last three and a half months; 22 e. Previously-diagnosed ADHD has become problematic again, which is constant and 23 this complaint has remained the same; 24 f. Depression, and experiences depression most days of the week; 25 g. Mental fatigue, which has remained consistent for the past five months; 26 h. Panic attacks 3-4 times per week; 27 i. Social withdrawal, which is constant and has remained the same; 28 j. Difficulty interacting with clients for 5-6 days per week, and has remained this way 174196 4 CASE NO.: CGC-18-570071 SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D. 1 for the past five months; 2 k. Difficulty controlling his emotions, and this complaint has remained fairly constant; 3 l. Diminished sense of smell, that is still constant; and 4 m. Pain in his hip that is constant. 5 10. From the above, Mr. Korzekwa initially alleged that the injuries and symptoms were 6 affecting almost every aspect of his life, including physically, emotionally, cognitively, socially, 7 psychologically, and otherwise. 8 11. It is also my understanding that Mr. Korzekwa previously demanded $1 million from 9 the defendants because he believes that he has suffered permanent, life-changing brain injuries. 10 12. I have reviewed the Stipulation Re Plaintiff’s Damages Claims (Exhibit B) that I DE LA PEÑA & HOLIDAY LLP 11 understand was prepared by Mr. Korzekwa’s attorney. That stipulation provides that Mr. Tel. (415) 268-8000 Fax. (415) 268-8180 One Embarcadero Center, Suite 2860 12 Korzekwa is no longer claiming mental and emotional distress over and above that usually San Francisco, CA 94111 13 associated with the physical injuries claimed. It is my understanding he is basically claiming only 14 “garden variety” emotional distress claims. 15 13. I have seen in correspondence that Mr. LaBarbera contends that deposition 16 testimony of Dr. Goel and other mental health professionals is directly relevant to the alleged 17 emotional and physical conditions claimed by Plaintiff. Mr. LaBarbera further contends that 18 defendants are unable to discern what mental and emotional issues would be considered “garden 19 variety” emotional distress as a result of the alleged assault, and what are “over and above” that 20 usually associated with the physical injury. 21 14. I have also seen in correspondence that Mr. May, Mr. Korzekwa’s attorney, feels 22 otherwise. Mr. May believes Mr. Korzekwa only saw Dr. Goel for mental health issues unrelated 23 to the subject incident, and thus, his communications with Dr. Goel are not directly relevant to the 24 claims. I also saw that Mr. May feels that he, as an attorney, can distinguish between treatment for 25 mental and emotional distress symptoms that are associated with the alleged assault, and treatment 26 for symptoms that are unrelated to the alleged assault. 27 15. After reviewing the medical records from Dr. Goel, it is my medical opinion that his 28 deposition is relevant and necessary in order to evaluate the injuries and symptoms claimed by Mr. 174196 5 CASE NO.: CGC-18-570071 SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D. 1 Korzekwa in this case. 2 16. Dr. Goel’s records indicate Plaintiff was prescribed medication intended to treat 3 anxiety and depression in the months following the alleged incident. Anxiety and depression are 4 both symptoms/diagnoses Plaintiff is claiming in this lawsuit. 5 17. Dr. Goel’s records also indicate that Plaintiff told Dr. Goel he was physically 6 assaulted two months preceding his April 2018 visit. Iterations of this note appear in every 7 subsequent patient chart. In my professional opinion, when a note like this appears in a 8 psychiatrist’s patient chart, it is highly suggestive that this purported event is a relevant factor in 9 diagnoses and treatment plans. 10 18. Furthermore, Dr. Goel’s records indicate Plaintiff was taking a variety of prescribed DE LA PEÑA & HOLIDAY LLP 11 medications prior to, and subsequent to, the alleged assault, including: Dexedrine, Adderall, Zoloft, Tel. (415) 268-8000 Fax. (415) 268-8180 One Embarcadero Center, Suite 2860 12 Remeron, Trazodone, and Lexapro. It is important to find out the facts surrounding why Dr. Goel San Francisco, CA 94111 13 prescribed these medications. These medications may be the partial or total cause of 14 symptoms/diagnoses Plaintiff alleges in the case. These medications, and/or a combination thereof, 15 could also exacerbate symptoms Plaintiff is alleging in the case. As one example, Dexedrine and 16 Adderall are known to at times to cause insomnia, one of the conditions Mr. Korzekwa claims in 17 this case. It is important to find out to what extent Mr. Goel, a treating doctor, believes this drug 18 affected Mr. Korzekwa sleep patterns. 19 19. Dr. Goel’s records indicate that Plaintiff went through life-changing events prior to, 20 and while concurrently seeking treatment from Dr. Goel. These events include a divorce and loss 21 of employment. Events as significant as these can meaningfully contribute to many of the 22 symptoms Mr. Korzekwa claims in this case, including mental and emotional distress, insomnia, 23 amongst other things. Dr. Goel’s deposition testimony is relevant as to whether, and to what extent, 24 such dramatic life experiences have contributed to the symptoms Plaintiff alleges in this lawsuit. 25 20. It is my understanding that defendants sought clarification as to the meaning of 26 Plaintiff’s Stipulation Re Plaintiff’s Damages Claims on or around April 3, 2020. Defendants 27 asked Plaintiff to confirm which symptoms/diagnoses are being alleged by Plaintiff as damages in 28 this lawsuit. Defendants asked, “…what mental and emotional distress symptoms/diagnoses are 174196 6 CASE NO.: CGC-18-570071 SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D. 1 associated with the physical injury as a result of the assault, and what are ‘over and above.’” 2 21. I have reviewed Mr. May’s response to a request to identify those symptoms which 3 Mr. Korzekwa will claim as “garden-variety” emotional distress damages versus emotional distress 4 damages which are over and above such damages that are normally associated with the physical 5 injury. I do not understand, as a medical doctor, Mr. May’s response. As best as I can determine 6 from reading the correspondence, I cannot determine whether his response is consistent or 7 inconsistent with medical science. Mr. May’s correspondence includes the following: 8 a. Mr. May states Mr. Korzekwa is not claiming depression, the diagnosed psychiatric 9 injury, but rather “sadness and emotional distress of the sort usually associated with 10 the physical injuries.” I do not understand what this means from a medical DE LA PEÑA & HOLIDAY LLP 11 perspective. “Sadness and emotional distress of the sort usually associated with Tel. (415) 268-8000 Fax. (415) 268-8180 One Embarcadero Center, Suite 2860 12 physical injuries” are not medical terms nor words that I have heard from a medical San Francisco, CA 94111 13 doctor. As such, I do not know and cannot determine the severity, nature, and extent 14 of the symptoms and injuries that are being claimed. Individuals react to physical 15 injuries in different ways based on factors such as pre-existing history, ongoing 16 stressors, and social support. 17 b. Mr. May states Mr. Korzekwa is claiming damages for the symptom of social 18 withdrawal. However, Mr. Korzekwa is not claiming a diagnosed psychiatric injury, 19 but rather “the usual hesitance/avoidance of going out that would be associated with 20 the physical injuries claimed.” Again, these words do not make sense to me from a 21 medical perspective. These are not the words I would normally hear from a medical 22 doctor. As such, I do not know what symptoms and injuries are being claimed. As 23 such, I do not know and cannot determine the severity, nature, and extent of the 24 symptoms and injuries that are being claimed. Individuals react to physical injuries 25 in different ways based on factors such as pre-existing history, ongoing stressors, 26 and social support. 27 c. Mr. May states Mr. Korzekwa is claiming damages for the symptom of anxiety. 28 However, Plaintiff asserts he is not claiming the diagnosed psychiatric injury, but 174196 7 CASE NO.: CGC-18-570071 SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D. 1 rather “nervousness, worry, and emotional distress of the sort usually associated with 2 the physical injuries.” From a medical perspective, I do not understand what this 3 means. These are words that I have not heard a medical doctor use. As such, I do 4 not know and cannot determine the severity, nature, and extent of the symptoms and 5 injuries that are being claimed. Individuals react to physical injuries in different 6 ways based on factors such as pre-existing history, ongoing stressors, and social 7 support. 8 22. I do not believe that a lawyer has the education, knowledge, experience, and training 9 to determine what is medically relevant to assess and/or diagnose physical, psychological, 10 emotional, and social conditions in this case. In fact, to my understanding, only a medical doctor is DE LA PEÑA & HOLIDAY LLP 11 legally able to assess, diagnose, and treat the injuries and symptoms that plaintiff claiming in this Tel. (415) 268-8000 Fax. (415) 268-8180 One Embarcadero Center, Suite 2860 12 lawsuit. San Francisco, CA 94111 13 23. This is not a case where the plaintiff’s claims of injuries are limited to a specific 14 body part, such as a case involving the fracture of a specific bone or an injury to a distinct 15 anatomical part of the body. This case involves head trauma and the resulting injuries from the 16 head trauma. As I stated above, the symptoms being claimed in this case affect almost every part of 17 Mr. Korzekwa’s life. 18 24. Dr. Goel’s deposition is medically relevant to the evaluation and determination of 19 causation for the injuries and symptoms plaintiff complained of in this matter. Even if plaintiff’s 20 symptoms are alleged to be temporary, I need to determine their medical causation. 21 25. Mr. Korzekwa is clearly claiming mental and emotional injuries. Part of my job is to 22 determine whether those mental and emotional injuries are severe enough to be diagnosable in 23 addition to determine whether they are due to long-term independent psychiatric issues. As such, it 24 is important for me to learn about Mr. Korzekwa’s was full medical history as it pertains to mental 25 and emotional distress and condition. 26 26. An understanding of Plaintiff’s psychological problems, medical conditions, 27 medications or substance use is required for me to arrive at my opinions and a determination of the 28 nature, cause, extent, expected duration, and appropriate treatment of the plaintiff’s current claimed 174196 8 CASE NO.: CGC-18-570071 SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D. 1 emotional, cognitive and physical injuries. 2 27. All records and deposition testimony concerning pre-existing medical, 3 psychological, or cognitive problems are necessary in my medical analyses because these pre- 4 existing medical, psychological and/or cognitive difficulties are relevant to opinions on causation, 5 i.e. mitigation or exacerbation of medical conditions and their impact on the injuries that form the 6 basis of the lawsuit. 7 28. In addition to Dr. Goel, Plaintiff sought mental health treatment from other medical 8 professionals in the months following the alleged assault. Deposition testimony of these mental 9 health treaters will be directly related to the nature, cause, and extent of damages claimed by 10 Plaintiff in this lawsuit. For example: DE LA PEÑA & HOLIDAY LLP 11 a. In July 2018, Plaintiff tells Jacqueline Lumer, LMFT, that he uses marijuana on a Tel. (415) 268-8000 Fax. (415) 268-8180 One Embarcadero Center, Suite 2860 12 weekly basis. On June 24, 2019, Plaintiff told Dr. Maureen Daly that he had stopped San Francisco, CA 94111 13 using cannabis at the end of 2018. Substances, including marijuana, can affect a 14 person’s cognitive functioning and mood status. 15 b. Various medical records indicate Mr. Korzekwa was treated for ADHD with 16 Dexedrine. Psychostimulants such as these can affect a person’s sleep, mood and 17 cognitive function. 18 29. In summary, it is my professional medical opinion that deposition testimony from 19 Plaintiff’s mental health providers is required for me to be able to fully opine on causation and 20 damages in this case. 21 30. To the best I understand them, the limitations asserted by attorney Joseph May are 22 not consistent with medical science. 23 31. The deposition testimony and employment records will also identify the names of 24 significant others who have had relationships with the plaintiff and will discuss the nature and 25 quality of those relationships. This is due to Mr. Korzekwa’s claim that he has social withdrawal 26 that has not diminished since the incident that is subject to this lawsuit. (Responses to Form 27 Interrogatories). 28 I declare under penalty of perjury of the laws of the State of California that the foregoing is 174196 9 CASE NO.: CGC-18-570071 SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D. 1 true and correct. 2 Executed this 23 day of June, at San Francisco, California. 3 4 _ 5 Renée L. Binder, M.D. 6 7 8 9 10 DE LA PEÑA & HOLIDAY LLP 11 Tel. (415) 268-8000 Fax. (415) 268-8180 One Embarcadero Center, Suite 2860 12 San Francisco, CA 94111 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 174196 10 CASE NO.: CGC-18-570071 SUPPLEMENTAL DECLARATION OF RENÉE L. BINDER, M.D. EXHIBIT A Prepared: 3/1/18 University of California, San Francisco CURRICULUM VITAE Name: Renée L. Binder, M.D. Current Title: Distinguished Professor Department: Department of Psychiatry, School of Medicine University of California, San Francisco Current Positions: Director, Psychiatry and the Law Program (as of 2/99) Associate Dean in the Office of Academic Affairs, School of Medicine (as of 10/04) President, American Psychiatric Association (May 2015-May 2016) Prior Positions (2008- Interim Chair of Department of Psychiatry 11): Director of Langley Porter Psychiatric Hospital and Clinics Address: 401 Parnassus Avenue, San Francisco, CA 94143-0984 Phone: (415) 476-7304 Fax: (415) 502-2206 E-mail: reneeb@lppi.ucsf.edu EDUCATION: Dates Institution Attended & Location Degree or Status Major Subjects 1965-69 Barnard College, New York, NY 1969, B.A., cum laude Art History & Pre-Medicine 1969-73 University of California, San Francisco 1973, M.D. Medicine School of Medicine 1973-76 Mt. Zion Hospital & Medical Center, Intern & Resident Psychiatry San Francisco 2010 Harvard School of Public Health Program for Chiefs of Health Policy and Clinical Services Management LICENSES, CERTIFICATIONS: 1974 Medical license, California G27505 1978 Certified, American Board of Psychiatry & Neurology —Specialty of Psychiatry 1993 Certified, Administrative Psychiatry CURRICULUM VITAE Renée Binder, M.D. Page 2 1994- 2004 Certified, American Board of Psychiatry & Neurology—Subspecialty of Forensic Psychiatry 2004-2014 Recertified, American Board of Psychiatry & Neurology—Subspecialty of Forensic Psychiatry 2013-2023 Recertified, American Board of Psychiatry & Neurology—Subspecialty of Forensic Psychiatry PRINCIPAL POSITIONS HELD: 1976-77 UCSF Clinical Instructor 1977-85 UCSF Assistant Professor of Psychiatry 1985-91 UCSF Associate Professor of Psychiatry 1991-now UCSF Professor of Psychiatry OTHER POSITIONS HELD CONCURRENTLY: 1974-77 Menlo Park Veterans Hospital Physician O.D. 1976-86 Langley Porter Psychiatric Institute Director, Emergency Services 1978-80 Langley Porter Psychiatric Institute Director, Rape Treatment Center 1976-77 Langley Porter Psychiatric Institute Staff Psychiatrist, Crisis Intervention Unit 1977-99 Langley Porter Psychiatric Institute Director, Adult Inpatient Service 1976-now Langley Porter Psychiatric Institute Attending Physician, Medical Staff HONORS, AWARDS, AND FELLOWSHIPS: 1974-76 American Psychiatric Association Falk Fellowship. One of twenty residents selected throughout this country to become involved with the APA on a national level 1984 Women of Achievement Award by the Soroptomist International of the Americas given in recognition by peers of "outstanding abilities, talents and contributions to the profession" 1986 Interdisciplinary Achievement Award from the Langley Porter Psychiatric Institute Alumni- Faculty Association. Awarded for significant contribution to interdisciplinary work and understanding in the field of mental health 1986 World Health Organization Travel-Study Fellowship to Japan. Awarded to individuals "who show the greatest promise of benefiting health programs in the United States." 1990 Visiting Research Fellow, National Hospital for Nervous Diseases, Queen Square, London, UK: June-August, 1990 1998 Northern California Psychiatric Society “President’s Distinguished Service Award” for “skill in building consensus in a diverse organization and for efficient and responsible leadership style” 2003 American Psychiatric Association Congressional Health Policy Fellowship to work in the U.S. Senate and consult on health policy. 2004 California Psychiatric Association Award for Contributions and Service 2005 Distinguished Service on the Center for Judicial Education and Research Faculty presented by the Administrative Office of the Courts 2006 Dr. J. Elliott Royer Award for academic excellence and significant contributions to the field of academic psychiatry CURRICULUM VITAE Renée Binder, M.D. Page 3 2006 Plenary Speaker at UCSF Dean’s Office Symposium for Mid-Career Faculty 2006 Psychiatry Residents Association Award for “Excellence in Teaching” 2006 American Academy of Psychiatry and the Law’s “Seymour J. Pollack Distinguished Achievement Award” in recognition of distinguished contributions to the teaching and educational functions of forensic psychiatry 2009 Keynote speaker:Conference on Violence sponsored by the SF Department of Public Health 2009 UCSF “Champion of Diversity” for commitment and efforts toward achieving diversity in the category of leadership 2010 Distinguished Life Fellow of the American Psychiatric Association 2014 Selected as one of the “Best Doctors in America” (first selected in 1996) 2014 American Academy of Psychiatry and the Law’s “Golden AAPL Award” in recognition of significant contributions to the field of forensic psychiatry 2017 Visiting Professor, Yale University 2018 Isaac Ray Award for “Outstanding Contributions to Forensic Psychiatry or the Psychiatric Aspects of Jurisprudence” PROFESSIONAL ORGANIZATIONS: Memberships: 1974-now Northern California Psychiatric Society 1974-now American Psychiatric Association 1985-now American Academy of Psychiatry and the Law Service To Professional Organizations: 1974-75 Northern California Psychiatric Society Committee on Women 1974-75 American Psychiatric Association Committee of Medical Education 1975-76 Northern California Psychiatric Society Resident Councilor to Executive Committee 1975-76 Northern California Psychiatric Society Nominating Committee 1996, 1999, 2000 1978-79 Northern California Psychiatric Society Medi-Cal Committee 1979-80 American Psychiatric Association Task Force of Psychiatric Emergency Care Issues, Resource Person 1983-89 American Psychiatric Association Committee on Women 1987-89 American Academy of Psychiatry and the Law Public Information Committee 1988-90 American Academy of Psychiatry and the Law Education Committee 1989-03 American Academy of Psychiatry and the Law Journal Committee 1990-94 American Academy of Psychiatry and the Law Fellowship Committee 1990-97 American Academy of Psychiatry and the Law Program Committee 1994-97 American Academy of Psychiatry and the Law Chair of Membership Committee 1991-92 American Academy of Psychiatry and the Law Chair of Program Committee 1991-94 American Academy of Psychiatry and the Law Councilor 1997-00 American Academy of Psychiatry and the Law Nominating Committee 1989-90 Northern California Psychiatric Society Fellowship Committee 1989-90 American Psychiatric Association Committee on Confidentiality 1995 American Academy of Psychiatry and the Law Ad Hoc Committee to Search for Medical Director 1990-95 American Psychiatric Association Chair of Committee on Confidentiality 1995-00 American Psychiatric Association Council on Psychiatry and the Law CURRICULUM VITAE Renée Binder, M.D. Page 4 1991-95 American Psychiatric Association Practice Guidelines Work Group on Developing Guidelines for Psychiatric Evaluation of Adults 1989-93 American Psychiatric Association Task Force on Clinician Safety 1989-90 Association for Women Psychiatrists Treasurer 1989-now Group for Advancement of Psychiatry Committee on Psychiatry and the Law (Contributing status as of 4/92) 1994-95 American Academy of Psychiatry and the Law Vice President 1995-96 Northern California Psychiatric Society Vice President 1995-97 American Psychiatric Association Chair of Subcommittee on Child Custody Issues 1996-97 California Psychiatric Association Executive Council 1996-97 Northern California Psychiatric Society President-Elect 1997-98 Northern California Psychiatric Society President 1997-00 American Psychiatric Association Chair of Council on Psychiatry and the Law 1997-98 American Academy of Psychiatry and the Law President 1998-99 American Psychiatric Association Task Force to Prepare APA Position Statement on Confidentiality 2000-04 American Psychiatric Association Chair of Commission/Committee on Judicial Action 2000-03 American Psychiatric Association Commission on Public Policy, Litigation and Advocacy 2000-02 California Psychiatric Association President-elect 2001-14 American Academy of Psychiatry and the Law Chair, Awards Committee 2004-06 American Academy of Psychiatry and the Law President, Association of Directors of Forensic Psychiatry Fellowships 2002-04 California Psychiatric Association President 2005-12 American Psychiatric Association Isaac Ray Award Committee (Chair 2009-12) 2004-07 American Psychiatric Association Trustee-at-large 2004-05 American Psychiatric Association Work Group to revise 1995 Practice Guideline for the Psychiatric Evaluation of Adults 2005- American Psychiatric Association Task Force to Update the Ethics Annotations 2007-12 American Psychiatric Association Committee on Advocacy and Litigation 2008-12 Am