Amended Complaint Filed No FeeCal. Super. - 6th Dist.October 12, 2018\OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO 1BCV33651 8 Santa Clara - Civil D Hams LAW OFFICES OF STEPHENSON, Electronically Filed ACQUISTO & COLMAN, INC. gy Sutperifog Ciurélof CA, oun O an a ara,JOY STEPHENSON-LAWS, BEN 113755) on 1-1/32’7/2018 3:35 PMReVIewed By: D Harrls RICHARD A. LOVICH, ESQ. (SBN 113472) case #1 3cv335513 DAVID MASTAN, ESQ. (SBN 152109) Envelope: 2209440 GERALDINE s. GARCIA, ESQ. (SBN 3 19561) 303 N. Glenoaks B1Vd., Suite 700 Burbank, CA 91502 Telephone: (818) 559-4477 Facsimile: (818) 559-5484 Attorneys for Plaintiff CALIFORNIA SPINE AND NEUROSURGERY INSTITUTE, a California for profit corporation SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA UNLIMITED JURISDICTION CALIFORNIA SPINE AND Case No.: 18CV3365 1 8 NEUROSURGERY INSTITUTE, a California for profit corporation FIRST AMENDED COMPLAINT FOR DAMAGES FOR: Plaintiff, 1. BREACH OF IMPLIED IN FACT V. CONTRACT; UHC OF CALIFORNIA doing business 2. BREACH OF EXPRESS as UNITEDHEALTHCARE OF CONTRACT; AND CALIFORNIA, a California for profit corporation; RENT-A-CENTER, INC., a 3- QUANTUMMER UIT Delaware for profit corporation; and DOES 1 THROUGH 25, inclusive, Defendants. complaint 22836 fac.d0cx - 1 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT \OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO FIRST AMENDED COMPLAINT FOR DAMAGES PARTIES 1. Plaintiff California Spine and Neurosurgery Institute ("California Neurosurgery") is a for profit corporation organized and existing pursuant to the laws of the State of California. California Neurosurgery has its principal place of operation in City of Campbell, County of Santa Clara, State of California. California Neurosurgery provides minimally invasive spine surgery t0 patients suffering from spinal injuries and/or conditions. 2. Defendant UHC 0f California (“United”) doing business as UnitedHealthcare 0f California is a for profit corporation that does business in California and is organized and existing pursuant to the laws of the State of California. United has its principal place of business in the City 0f Cypress, County of Los Angeles, State of California. Among other things, United sponsors and administers health plans. 3. Defendant Rent-A-Center, Inc. ("RAC") is a Delaware corporation With its headquarters and principal place of business in City of Plano, County of Collins, State of Texas. RAC arranges for the provision 0f health care services to its beneficiaries and/or pays for or reimburses part or all of the cost for those services, in return for a prepaid or periodic charge paid by or 0n behalf of those beneficiaries. RAC sponsors a self-funded health plan, a health benefit plan, providing health care benefits to its employees and their dependents. 4. California Neurosurgery is unaware of the true names and capacities, whether corporate, associate, individual, partnership 0r otherwise of complaint 22836 fac.d0cx - 2 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT \OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO defendants Does 1 through 25, inclusive, and therefore sues such defendants by such fictitious names. California Neurosurgery Will seek leave 0f the Court to amend this complaint t0 allege their true names and capacities When ascertained. 5. United, RAC, and Does 1 through 25, inclusive, shall be collectively referred to as "Defendants." 6. Defendants, and each of them, at all relevant times, have transacted business in the State of California. The Violations alleged Within this complaint have been and are being carried out in the State of California. 7. California Neurosurgery is informed, believes, and thereon alleges that at all relevant times, each of the defendants, including the defendants named "Doe" were and are the agent, employee, employer, joint venturer, representative, alter ego, subsidiary, and/or partner 0f one or more of the other defendants, and were, in performing the acts complained 0f herein, acting Within the scope 0f such agency, employment, joint venture, 0r partnership authority, and/or are in some other way responsible for the acts of one or more 0f the other defendants. COMMON FACTUAL BACKGROUND 8. California Neurosurgery is a medical facility dedicated to the care and treatment 0f spine injuries and/or conditions. California Neurosurgery provides unsurpassed patient care through the use 0f state-of-the-art minimally invasive surgery and motion preservation techniques. Dr. Adebukola Onibokun is the principal physician and the only neurosurgeon practicing on behalf of California Neurosurgery. Patients seek medical treatment from Dr. Onibokun at complaint 22836 fac.d0cx - 3 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT \OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO California Neurosurgery for their spine conditions because 0f the advantages that minimally invasive spine surgery has over traditional open spine surgery. Minimally invasive spine surgery uses advanced imaging techniques and special medical equipment t0 reduce tissue trauma, bleeding, hospital stays and recovery by minimizing the size 0f the incision used to correct the spinal condition. 9. California Neurosurgery did not have any agreement, partnership, and/or contract With any managed health care plan, health insurance agency, or employer group. It is California Neurosurgery's practice to verify eligibility for surgery based 0n a patient's health care plan on or near the date the patient has their initial consultation at California Neurosurgery. California Neurosurgery also takes upon itself t0 obtain an approval for requested services Where a patient's managed health care plan requires such. 10. California Neurosurgery is informed and believes and 0n that basis alleges RAC entered into a contractual relationship With United for United to provide administrative services with respect to paying for and/or arranging for medical care to be rendered by providers like California Neurosurgery to RAC’S participants. Among other duties, such an arrangement required United to confirm a beneficiary's eligibility and benefits to medical providers such as California Neurosurgery in order t0 ensure healthcare services would be provided to RAC's participants and/or beneficiaries without delay. In other words, United 0n RAC's behalf would provide sufficient assurances to medical providers that they would be paid for the medical care expected to be rendered to RAC's beneficiaries. Such an arrangement thereby obligated Defendants to pay healthcare providers for services rendered to RAC'S beneficiaries. /// complaint 22836 fac.d0cx - 4 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT \OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO 11. California Neurosurgery is informed and believes and 0n that basis alleges that all relevant times Patient D.L. (Member ID: 940013539)1 was a beneficiary of a health plan sponsored, paid for, and/or administered by Defendants. To signify such membership, RAC authorized United to issue Patient D.L. a United/RAC identification card and instructed Patient D.L. t0 present that card t0 medical providers (including California Neurosurgery) in order to obtain medical care. United and D.L. did so with the intent to assure medical providers that they would be paid for medical care rendered t0 RAC's beneficiaries at the reasonable and customary value for such care (unless a medical provider had a pre- existing contractual relationship With United t0 provide such medical care at certain set discounted rates). 12. Patient D.L. had symptoms of severe lower back pain and bilateral extremity pain prior t0 Patient D.L.'s initial consultation with California Neurosurgery. Patient D.L. sought the medical services 0f California Neurosurgery in order to alleviate Patient D.L.'s pain caused by a slipped disc in the spine and spinal stenosis. 13. Given that Patient D.L. carried an identification card identifying Patient D.L. as belonging t0 a health plan sponsored, paid for, and/or administered by Defendants, on or about 4 May 2018, staff at California Neurosurgery telephoned United to verify Patient D.L.‘s medical eligibility benefits. A United client services representative - acting on behalf of Defendants - verified Patient California Neurosurgery has limited the disclosure of patient identification information here pursuant to the privacy provisions of the federal Health Insurance Portability & Accountability Act ("HIPAA"), 42 U.S.C. §§ 1320(d) et seq., and the California Constitution, art. 1, § 1. complaint 22836 fac.d0cx - 5 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT \OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO D.L.‘s healthcare coverage under a health benefit plan sponsored, paid for and/or administered by Defendants. The representative either expressly 0r impliedly assured California Neurosurgery that Defendants carried the financial responsibility to pay for Patient D.L.‘s anticipated medical care at the reasonable and customary value for such care (and not at certain set discounted rates because California Neurosurgery had no pre-existing contractual relationship with United). 14. On or about 4 May 2018, California Neurosurgery was informed by United client services representative, known as "Daniel G.," of Patient D.L.‘s benefits regarding outpatient procedures such as spine surgery and using a provider who is non-contracted With United/RAC. 15. Also, on 0r about 4 May 201 8, United’s client services representative represented t0 California Neurosurgery that under the terms of Patient D.L.'s health plan, n0 pre-authorization was required for an outpatient procedure such as the surgery received by Patient D.L. 16. On 30 May 2018, based upon existence of an identification card issued by United and RAC, the telephone call with United, and the express and/or implied resultant assurances that California Neurosurgery would be paid the reasonable and customary value of its medical services anticipated t0 be rendered to Patient D.L., California Neurosurgery provided medically necessary and minimally invasive spine surgery upon Patient D.L. performed by Dr. Onibokun; namely, surgical immobilization of the spine with insertion 0f a lumbar fusion device by microscope. //// complaint 22836 fac.d0cx - 6 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT \OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO 17. As directed by Patient D.L.‘s United/RAC identification card, California Neurosurgery timely and properly submitted a bill t0 United for medically necessary services, supplies, and/or equipment it rendered to Patient D.L. in the amount of $8 1 ,000 Which represents California Neurosurgery's usual and customary charges for such services (and such care's reasonable and customary value). By doing so, California Neurosurgery expected Defendants t0 pay the reasonable and customary value for such care. 18. Defendants paid only $1,145.27 0f the $81,000 bill for the medically necessary procedures and treatment rendered t0 Patient D.L. by California Neurosurgery. After deduction of that payment, and after crediting $2,871 .84 for the co-insurance, co-payment and deductible owed by Patient D.L. for such care, Defendants have failed to pay the balance 0f $76,982.89 for the medical care rendered to Patient D.L. 19. As a result of Defendant's refusal t0 fully pay California Neurosurgery for the medically necessary procedures and treatment rendered to Patient D.L., California Neurosurgery has been damages in the amount of $76,982.89, exclusive 0f prejudgment interest. FIRST CAUSE OF ACTION (BREACH OF IMPLIED IN FACT CONTRACT) (Against all Defendants) 20. California Neurosurgery incorporates by reference and re- alleges paragraphs 1 through 19 here as though set forth in full. /// complaint 22836 fac.d0cx - 7 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT \OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO 21. As is custom and practice in the health care industry, sometimes hospitals and health plans form contracts through their conduct even though they d0 not exchange express promises; contracts under Which a medical provider agrees to render medically necessary health care t0 a beneficiary 0f a health plan and in return the health plan agrees to pay for such health care for the reasonable and customary value 0f such care (typically at the medical provider's billed rates). Such implied-in-fact contracts can arise from a variety 0f manifested conduct Which includes, among other things, When a health plan issues an identification care to its beneficiaries, When a health plan instructs those beneficiaries to present such identification cards t0 medical providers so as t0 give assurances t0 those medical providers that such care will be paid for, When a medical provider telephones a health plan t0 ask for authorization t0 render medical care for a particular beneficiary of that health plan, When the health plan communicates medical eligibility benefits for that particular beneficiary Without advising the medical provider that the health plan Will not make full payment, and When the health plan indicates pre-authorization is not required for outpatient medical services for that beneficiary. 22. On or about 4 May 2018, California Neurosurgery contacted United for the purposes of determining whether Defendants would be financially responsible for paying for the medical services to be rendered t0 Patient D.L. In response, United’s client services representative gave California Neurosurgery information confirming that Patient D.L. belonged t0 a health plan sponsored, administered, and/or paid for by Defendants, and did not advise California Neurosurgery that Defendants would not pay for the reasonable and customary value of such care less credit for the Patient D.L.‘s co-insurance, co-payment and annual deductible obligations. complaint 22836 fac.d0cx - 8 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT \OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO 23. By such conduct and assurances, and by Virtue of custom and practice within the hospital reimbursement industry, it was understood between California Neurosurgery and Defendants that Defendants would pay the reasonable and customary value 0f the anticipated medically necessary services, supplies, and/or equipment t0 be rendered t0 Patient D.L.; in other words, an implied-in-fact contract arose between California Neurosurgery and Defendants even though express words of assent were not used. 24. Consistent with the terms 0f that implied-in-fact contract, 0n 30 May 2018, Dr. Onibokun of California Neurosurgery performed medically necessary and minimally invasive spine surgery upon Patient D.L. 25. California Neurosurgery reasonably relied 0n that conduct and representations. In the absence 0f such conduct and representations by Defendants' agent at United, California Neurosurgery could have made alternative payment arrangements for Patient D.L.‘s medical care or could have chosen t0 not provide such services at all. 26. California Neurosurgery rendered all medically necessary procedures and treatment needed by patient D.L. regarding Patient D.L.‘s spine condition, and performed all conditions, covenants, and promises required on its part to be performed in accordance With terms and conditions 0f the above- described implied-in-fact contract. 27. Defendants breached that implied-in-fact contract by refusing Without justification t0 fully pay California Neurosurgery for Patient D.L.‘s care at California Neurosurgery's reasonable and customary rate 0f $81,000, less credits for a $1,145.27 payment and $2,871 .84 patient responsibility. As a result, complaint 22836 fac.d0cx - 9 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT \OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO California Neurosurgery suffered damages in the sum of $76,982.89. SECOND CAUSE OF ACTION (BREACH OF EXPRESS CONTRACT) (Against all Defendants) 28. California Neurosurgery incorporates by reference and re- alleges paragraphs 1 through 19 here as though set forth in full. 29. As is custom and practice in the health care industry, sometimes medical providers and health plans form express contracts - under Which a medical provider agrees to render medically necessary health care t0 a beneficiary of a health plan and in return the health plan agrees to pay for such health care - but which omits a price term upon Which the parties rely upon industry custom and practice to supply. Industry custom and practice dictates that when a non- contracted medical provider contacts a health plan for authorization to render medical care for a beneficiary of that health plan, that the medical provider and the health plan thereby agree the medical provider will provide medical care t0 the beneficiary of the health plan and in exchange the health plan agrees t0 pay for such care at the reasonable and customary value 0f such care less the patient/beneficiary's co-insurance, co-payment and annual deductible responsibilities. Typically, the reasonable and customary value 0f the medical provider's services are the medical provider's billed rates. 30. On or about 5 May 2018, California Neurosurgery contacted United for the purposes of determining whether Defendants would be financially responsible for paying for the medical services to be rendered t0 Patient D.L. In response, United’s client services representative gave California Neurosurgery complaint 22836 fac.d0cx - 10 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT \OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO information confirming that Patient D.L. belonged t0 a health plan sponsored, administered, and/or paid for by Defendants, and did not advise California Neurosurgery that Defendants would not pay for the reasonable and customary value of such care less credit for the Patient D.L.‘s co-insurance, co-payment and annual deductible obligations. By such communications, and in accordance with industry custom and practice, an express contract arose between California Neurosurgery and Defendants whereby California Neurosurgery agreed to render medically necessary care to Patient D.L. and Defendants agreed to pay for such care at the reasonable and customary value for such care. 3 1. Consistent with the terms 0f that express contract, 0n 4 May 201 8, Dr. Onibokun 0f California Neurosurgery performed medically necessary and minimally invasive spine surgery upon Patient D.L. 32. California Neurosurgery reasonably relied upon those communications, and upon industry custom and practice. In the absence of such communications and representations by Defendants' agent at United, California Neurosurgery could have made alternative payment arrangements for Patient D.L.‘s medical care or could have chosen t0 not provide such services at all. 33. California Neurosurgery rendered all medically necessary procedures and treatment needed by Patient D.L. regarding Patient D.L.‘s spine condition, and performed all conditions, covenants, and promises required on its part t0 be performed in accordance With tenns and conditions of the above- described express contract. 34. Defendants breached that express contract by refusing without justification to fully pay the $81,000 bill Which California Neurosurgery sent complaint 22836 fac.d0cx - 1 1 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT \OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO regarding Patient D.L.‘s care at California Neurosurgery, Which represents the reasonable and customary value of such care. As a result, California Neurosurgery suffered damages in the sum of $76,982.89, Which represents the $81,000 bill less credit for a $1,145.27 payment and $2,871.84 in patient responsibility. THIRD CAUSE OF ACTION (QUANTUMMERUIT) (Against all Defendants) 35. California Neurosurgery incorporates by reference and re- alleges paragraphs 1 through 19 here as though set forth in full. 36. On or about 4 May 2018, by its words and/or conduct, on behalf of itself and/or as the agent for RAC, United provided assurances to California Neurosurgery that a beneficiary of RAC (i.e., Patient D.L.) had eligibility for medical benefits, specifically for an outpatient procedure such as surgery, and that any medical procedures 0r treatment rendered t0 Patient D.L. would be paid by United and/or RAC at that care's reasonable and customary rate. 37. Based on the above-described assurances, California Neurosurgery provided medically necessary care to Patient D.L. 38. California Neurosurgery's rendering 0f medically necessary procedures and treatment, services, supplies, and/or equipment to Patient D.L. was intended to, and did, benefit Patient D.L., who was a member of Defendants’ health plan, and therefore benefitted Defendants by helping Defendants fulfill their contractual and/or statutory duties t0 provide for and/or arrange for delivery 0f medical care t0 one of their beneficiaries. complaint 22836 fac.d0cx - 12 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT \OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO 39. For rendering the medically necessary procedures and treatment, supplies, and/or equipment to Patient D.L., California Neurosurgery reasonably expected full payment 0f the reasonable and customary value of its care, to wit, $81,000. 40. Despite demands from California Neurosurgery to pay for the medically necessary procedures and treatment, services, supplies and/or equipment it rendered to Patient D.L., Defendants paid only $1,145.27. 41. After giving credit for that $1,145.27 payment, and after giving credit for Patient D.L.‘s co-insurance, co-payment and deductible responsibility 0f $2,871 .84, Defendants have been unjustly enriched (and California Neurosurgery has been damaged) in the amount 0f $76,982.89, Which represents the remaining unpaid reasonable and customary value of the medical care rendered to Patient D.L., exclusive 0f prejudgment interest. Defendants have been unjustly enriched because they have collected monthly premiums from its beneficiaries (including Patient D.L.) for the express purpose 0f providing for and/or arranging for medical care for its beneficiaries and yet have not fully and properly paid California Neurosurgery. Since Patient D.L. obtained medically necessary care from California Neurosurgery, since California Neurosurgery relieved Defendants from their statutory and/or contractual responsibility owed to Patient D.L. to provide for and/or arrange for such care, and since the vast bulk 0f California Neurosurgery's care remains unpaid - With the implication that the reasonable and customary value of such care is only $4,017.11 (the payment of$1,145.27 plus the $2,871.84 co- insurance, co-payment and deductible responsibility of Patient D.L.) Defendants should be ordered to disgorge the sum of $76,982.89 to California Neurosurgery. //// complaint 22836 fac.d0cx - 13 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT \OOOQOUI-RUJNH NNNNNNNNNHr-HHr-Hr-r-Hr- OOQONUI-hWNP-‘OOOOQQUl-hUJNHO PRAYER FOR RELIEF WHEREFORE, California Neurosurgery prays for judgment as follows: For all Causes of Action: 1. for the principal sum 0f $76,982.89; 2. for interest on such principal sum at the rate of 15% per annum, pursuant to Cal. Health & Safety Code § 1371; or, in the alternative, for interest on such principal sum at the rate 0f 10% per annum, pursuant t0 Cal. CiV. Code § 3289; 3. for all costs of suit incurred herein; and, 4. for such other and further relief as the Court deems just and proper. Dated: 27 November 201 8 LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. /s/ Geraldine S. Garcia GERALDINE S. GARCIA Attorneys for CALIFORNIA SPINE AND NEUROSURGERY INSTITUTE, a California for profit corporation complaint 22836 fac.d0cx - 14 - FIRST AMENDED FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUMMERUIT ©OOQO\UI-I>UJNr-n NNNNNNNNNr-Hr-r-Hr-Hr-r-H OOQQUIJ>WNHO©OOQQUIJ>WNHO PROOF OF SERVICE I am employed in the county of Los Angeles, State 0f California. I am over the age of 18 and not a party to the Within action; my business address is 303 North Glenoaks Boulevard, Suite 700, Burbank, California 91502-3226. On 27 November 201 8, I served the foregoing document(s) entitled: FIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. BREACH OF IMPLIED IN FACT CONTRACT; 2. BREACH OF EXPRESS CONTRACT; AND, 3. QUANTUM MERUIT by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. [X] BY U.S. MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on that same day With postage thereon fully prepaid at Burbank, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date 0f deposit for mailing in affidavit. [C.C.P. 1013a(3); F.R.C.P. 5(b)] [ ] BY FEDERAL EXPRESS: I caused such envelope(s), With overnight Federal Express Delivery Charges to be paid by this firm, t0 be deposited With the Federal Express Corporation at a regularly maintained facility on the aforementioned date. [C.C.P. 1013(0) 1013(d)] [ ] BY PERSONAL SERVICE: I caused the above-stated document(s) to be served by personally delivering a true copy thereof to the individuals identified above. [C.C.P. 101 1(a); F.R.C.P. 5(b)] [ ] BY EXPRESS MAIL: I caused such envelope(s), With postage thereon fully prepaid and addressed t0 the party(s) shown above, t0 be deposited in a facility operated by the U.S. Postal Service and regularly maintained for the receipt of Express Mail 0n the aforementioned date. [C.C.P. 1013(0)] [ ] BY TELECOPIER: Service was effected 0n all parties at approximately__ am/pm by transmitting said document(s) from this firm's facsimile machine (818/559-4477) to the facsimile machine number(s) shown above. Transmission to said numbers was successful as evidenced by a Transmission Report produced by the machine indicating the documents had ©00fl©m$ww~ ._‘ O 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 been transmitted completely and Without error. C.R.C. 2008(6), Cal. CiV. Proc. Code § 1013(6). [ ] BY ELECTRONIC SERVICE: By emailing true and correct copies to the persons at the electronic notification address(es) shown on the accompanying service list. The document(s) was/were served electronically and the transmission was reported as complete and Without error. [ X ] State: I declare under penalty ofperjury under the laws 0f the State of California that the above is true and correct. Executed on 27 November 20 1 8 in Burbank, California. /s/ Steve Kim STEVE KIM skim@sacfirm.com SERVICE LIST UNITED HEALTHCARE SERVICES, INC. Agent for Service 0f Process: CT Corporation System 818 West Seventh Street, Suite 930 Los Angeles, CA 90017 T0 be served via process server: UHC OF CALIFORNIA Agent for Service ofProcess: CT Corporation System 818 West Seventh Street, Suite 930 Los Angeles, CA 90017 RENT-A-CENTER, INC. Agent for Service 0f Process: CT Corporation System 818 West Seventh Street, Suite 930 Los Angeles, CA 90017