In what circumstances will a plaintiff be able to get her medical malpractice action back on the active list?

In Sindler v. Brennan (2003) 105 Cal.App.4th 1350 (Sindler), a patient sued her plastic surgeon for medical malpractice. (Id. at p. 1351.) About nine months later, the surgeon filed bankruptcy proceedings and a notice of automatic stay. (Ibid.) As a result of procedural maneuvers, the state court dismissed the malpractice case while the bankruptcy case was pending. (Id. at p. 1352.) The federal court ultimately determined the malpractice action should be resolved in state court and remanded the action to the superior court. (Ibid.) The patient was not able to get the case moving again because of (1) the superior court's earlier dismissal order and (2) the destruction of the file after its return from the federal court. (Ibid.) The patient then filed a motion to set aside the dismissal order, return the case to the active list, and reconstruct the file. (Id. at p. 1353.) The patient's motion was denied and she appealed. The appellate court reversed the denial of her motion and remanded for reconstruction of the file. (Id. at p. 1354.)