Notice Entry of OrderCal. Super. - 6th Dist.August 30, 201717CV31 5288 Santa Clara - Civil System System 24591 Silver Cloud Court. Suite 200 Monterev. CA 93940 TELEPHONE N0: 831 -373-7500 FAX No. (Optimal):831 -373-7555 E.MAIL ADDRESS (optionao:jgiffen@kaglaw.net/ rsimpson@kaglaw.net l zstreiff@kaglaw.net moRNEY FoR (Name).- Defendant Community Hospital of the. Monterey Peninsula SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREEr ADDRESS: 1 91 North First Street MAILING ADDRess:191 North First Street CITY AND ZIP CODE: San Jose 951 13 BRANCH NAME Downtown Superior Court PLAINTIFF/PETITIONER: Grayson Chesbrough DEFENDANT/RESPONDENT: American Medical Response Ambulance Service CIv-130 ATTORNEY 0R PARTY WITHOUT ATrORNEY (Name State Barnumber, and address): .FOR comm!”9”” Jon R. Gifren / Robert G. Simpson / Zachary A Streifi SBN. 142153 / 67556 I 307792 Electronlcally Flled ‘KENNEDY ARCHER & GIFFEN by Superior Court of CA, County of Santa Clara, on 8/28/2019 4:45 PM . Reviewed By: System System Case #1 7CV31 5288 Envelope: 3324858 NOTICE OF ENTRY OF JUDGMENT CASE NUMBER: OR ORDER 1 7CV31 5288 j (Check one).- UNLIMITED CASE E LIMITED CASE ' (Amount demanded (Amount demanded was exceeded $25,000) $25,000 or less) T0 ALL PARTIES : 1. Ajudgment, decree, or order was entered in this action on (date): August 22, 2019 2. A copy of the judgment, decree, or order is attached to this notice. Date: August 28, 201 9 Jon R. Giffen ' . (rva 0R PRINT NAME 0F ATrORNEY E PARTYWITHOUT ATrORNEY) .V ($19 TUR Page1 ofz Form Approved for Optional Use ' » www.courfinfo.ca.gov «dismouncflofcwitornia NOTICE 0F ENTRY 0F JUDGMENT 0R ORDER Wanawmmmr- ClV-130 [New January 1, 2010] CIV-1 30 CASE NUMBER:mONER: __ PLAINTIFF/PET Grayson Chesbrough 17CV315288 DEFENDANT/RESPONDENT: American Medical Response Ambulance Service PROOF OF SERVICE BY FlRST-CLASS MAIL NOTICE 0F ENTRY OF JUDGMENT OR ORDER (NOTE: You cannot serve the Notice of Entry of Judgment or Order ifyou are a party in the action. The person who served the notice must complete this proofofservice.) 1. l am at least 18 years old and not a party to this action. I am a resident of or employed in the county where the mailing took place, and my residence or business address is (specify): 24591 Silver Cloud Court. Suite 200. Monterev. CA 93940 2. l served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage fully prepaid and (check one): a. E deposited the sealed envelope with the United States Postal Service. b. piaced the sealed envelope for collection and processing for mailing, following this business's usual practices, with which | am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. 3. The Notice of Entry ofJudgment or Order was mailed: a. on (date): August29, 201 9- b. from (city and state):Monterey, CA 4. The envelope was addressed and mailed as follows: a. Name of person sewed: Tanya Gomerman c. Name of person served: Law Offices of Tanya Gomerman Street address: 601 Van Ness Avenue, Suite 2052 City: San Francisco State and zip code: CA 94102 b. Name of person served: Maria Lampasona Rankin, Shuey, Ranucci, Mintz, Lampasona Street address: 2030 Franklin St, 6th Floor City: Oakland State and zip code: CA 94612 Street address: City: State and zip code: . Name of person served: Street address: City: State and zip code; E Names and addresses of additional persons served are attached. (You may use form POS-030(P).) 5. Numberofpages attached 3 . | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DatezAugust 23 .2019 Diane Johnson (TYPE OR PRINT NAME OF DECLARANT) ClV-130 [New January 1 , 201 0} O (SIGNATU OF ECLARANT) Page 20f2 NOTICE OF ENTRY OF JUDGMENT OR ORDER \O 00 \l O‘ UI uh w N.o-n NNNNNNNNM-wwp-HHHHH... ooqoxmhwwn-cxoooumuhwwr-o Filed August 22, 2019 Clerk of the Court . Superior Court of CA JonR Gm: SBN 142158 - Robert G. Singson (SBN 69556) - _ ' C°Unty 0f Santa C'a'a Zacl‘nry A. Su'efl (SBN 307792) - I 1.7CV31 5288 h KENNEDY, ARCHER & GIFFEN . By: rburciaga Attorneys at Law I V Signed28/22/201903:43 PM 24591 Silver Cbud Court, Suic 200 _ , _ ' W4, Monterey, CA 93940 . _ ' ‘ Telephom (831) 373-7500 Facsnnib (831) 373-7555 lEimil:jg’fin@kaglaw.net / rsinpson@kaglaw.net /mteWkaglaw.net Aflomeys for Defindants COWUNITY HOSPITAL OF THE MONTEREY PENINSULA, SAMEER BAKI-IDA, MD, MICHELLE KRUEGER-KALINSKI, M.D., PAUL FILE, M.D. SUPERIOR COURT OF THE STATE 0F CALIFORNIA COUNTY 0F SANTA CLARA '1 GRAYSON CHESBROUGH, an individual, . CASE No.: 17CV315288 Phimim WORDERAFTER HEARING GRANTING MOTION FOR v. . TRANSFER 0F VENUE AMERICAN MEDICAL RESPONSE - Action Filed: ' 08/30/2017 AMBULANCE SERVICE, INC. a Dehwm Tr'nl Date: . NotAssigmd Corporation, DOE 1, DOE 2, and DOES 3 D te .A 8 2019. - . a : uglJSt :mugh 25’ “3’1”va . Tm: 9.00 am Defendants. ' I Dept 8 - Defindants Commm'ty Hospital oflhe Monterey Penimula, Sameer Bakhda, M.D., Michelle Krueger-Kalinski, M.D., and Paul File, M.D.’s (the “CHQMi’ Defer’xdants”) nntion lbr an order transfirring this nutter to the Monterey County Superior Court was presented to th's court and set for hearing on August 8, 2019 at 9.00 am. Afier 'filll consideration of the CHOMP defendants’ motion, philtifl Grayson Chesbrougn’s opposition papgrs, and the auflmities submited by counsel, and having 'ssued a [Proposed] Order Afia‘Heat-ing - 1 - ‘ - Chwbroufi v. AMR GrantingMotiontoTmsfaVenue Case No: 17CV315288 W m fl G U! h w N H. NNNNNNNNN H mqmmari-aoi'o‘ooiia'aififiza tentative ruling on August 7, 2019, and there being no request for om! argument, and good cause appearing. la IT IS HEREBY ORDERED tint: . . l. ’Ihe CHOMP DefendanS’ Motion for an Order Transfirring Action be and hereby ‘s gamed onflne gmmds that there is good cause fl1erefir, and that th's nutter be transfirred firthwith to fl1e Monterey County Stpefior Court wih defindant. Commity Hospital ofthe Mommy Penmla and/or their cbmsel paying the transfer fee to the H Santa Chm Superior Court in flue amount of$50.00 and a filing fee to the Monterey County Superbr Court in the amount of$435.00. 2. The Tentative Ruling ofthe Court, attached as Exhibit A, is hereby adopted as the Order of fllc Court. Dated: Auqust 20. 2019 (/\ fi’ Judge of the Superior Comt Sunil R. Kulkarni h Approved as to firm: LAW OFFICES 0F TANYA GOMERMAN [Proposed] Order AfierHearing ~ 2 - , Chabroug: v. AMR Granting Motionto Transfer Venue ' Case No: 17CV315288 SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA ~ Department 8, Honorable Sunil R. Kulkarni Mark Rosales, Courtroom Clerk ' 191 North First Street, San Jose, CA 951 l3 To contest the ruling, call (408) 808-6856 before 4:00 P.M. LAWAND MOTION TENTATIVE RULINGS ILINE 9 17CV315288 Ambulance Service, Inc. ct a1 Grayson Chesbrough v 1. Failure to comply with CCP § 396b does not American Medical Respons utomatically waive a party’s rights to move for change ofvenue under CCP § 397. (See Walt isney Parks & Resorts U.S., Inc. v. Superior Court (2018) 21 Cal.App.5th 872, 876-878.) ere, the Court finds that the motion for change fvenue was made within a reasonable time of iscovering heretoforeohidden facts, and within a onable time of all defendants answering. . Under § 397, the Court finds that the onvcnience of nonparties will be greatly nhanced ifthe case is venued in Monterey ounty, given the Monterey County work locations ofthe likely nonparty witnesses. The ase has no connection with Santa Clara County, iven that the incident did not occur in Santa Clara County and the plaintifi‘ does not reside in ' Santa Clara County. The Court accordingly , 1nds that the ends ofjustice support a change of cnue to Monterey County. The Court therefore GRANTS the venue change to Monterey - County.’ 3. Assuming arguendo that awarding fees gainst Plaintiff is possible under§ 397, the Court would not award fecs/costs against laintiff, as Plaintiffhad a good-faith belief-at Exhibit A