Response ReplyCal. Super. - 6th Dist.October 19, 2018KOOOQQLh-bUJNr-t NNNNNNNNNr-Ar-Ar-AHHHHr-dr-dr-d OOQQUl-hUJNF-‘OKOOOQONUI-bUJNHO 180V336774 Santa Clara - Civil LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. JOY STEPHENSON-LAWS, ESQ. (SBN 113755)bE'e°"°".i°a"Y Fi'ed RICHARD A LOVICH ESQ (SBN 113472) y supem’ cw" °f CA' ’ ° Count of Santa Clara, KARLENE ROGERs-ABERMAN, ESQ. (SBN 237883)on 9/1X/2o19 10:33 AM DAVID F. MASTAN, ESQ. (SBN 152109Reviewed By: R. Burciag GERALDINE s. GARCIA, ESQ. (SBN 3 195619:ase #1scv336774 303 N. Glenoaks B1Vd., Suite 700 EnveIOpe: 3406377 Burbank, CA 91502 Telephone: (8 1 8) 559-4477 Facsimile: (8 1 8) 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 N0.: 18CV336774 NEUROSURGERY INSTITUTE, a California for profit corporation RESPONSE DECLARATION TO ORDER TO SHOW CAUSE re: Plaintiff, DISMISSAL V. AETNA INC., a Pennsylvania Date: September 26, 2019 Corporation, AETNA LIFE Time: 10:00 AM INSURANCE COMPANY, a Dept: 2 Connecticut Corporation, and SAP Judge: Hon. Mark H. Pierce AMERICA, 1NC., a Delaware Corporation, Defendants. . Burciaga a 22862 - 1 - RESPONSE DECLARATION TO OSC RE DISMISSAL KOOOQQLh-bUJNr-t NNNNNNNNNr-Ar-Ar-AHHHHr-dr-dr-d OOQQUl-hUJNF-‘OKOOOQONUI-bUJNHO DECLARATION OF GERALDINE GARCIA I, GERALDINE GARCIA, declare: 1. I am an attorney licensed t0 practice in California and I associate With the law firm of the Law Offices of Stephenson, Acquisto, & Colman, Inc., counsel of record for Plaintiff California Spine and Neurosurgery Institute in this case. I have personal knowledge of the facts stated in this declaration and if called t0 testify as a Witness, I could and would completely testify thereto. I submit this declaration in response t0 the Court’s Order t0 Show Cause regarding dismissal 0f the above-captioned case. 2. The case management conference for this case was set for Tuesday, May 28, 2019 at 10:00 AM in Department 2. Plaintiff filed a case management statement With the Court 0n May 23, 2019. On May 10, 2019, Plaintiff scheduled t0 make its appearance by CourtCall and Plaintiff served notice 0f CourtCall Appearance to Defendants Aetna Inc., Aetna Life Insurance Company, and SAP America, Inc. through its attorney, Emily N. Clark. 3. I inadvertently failed t0 make the appearance for the case management conference that Tuesday morning and the Court set this Order t0 Show Cause hearing t0 allow an explanation as t0 Why this case should not be dismissed. 4. At this time, the parties are active in litigation. There is a demurrer hearing set for October 17, 2019 at 9:00 AM in this Court. The parties are also engaged in the early stages of discovery at this time. 5. At this time, the parties are unable t0 resolve any part 0f this case. 22862 - 2 - RESPONSE DECLARATION TO OSC RE DISMISSAL KOOOQQLh-bUJNr-t NNNNNNNNNr-Ar-Ar-AHHHHr-dr-dr-d OOQQUl-hUJNF-‘OKOOOQONUI-bUJNHO I declare under penalty of perjury under the laws 0f the State of California that the foregoing is true and correct. Executed this 18th day of September, in Burbank, California. Dated: 18 September 2019 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 22862 - 3 - RESPONSE DECLARATION TO OSC RE DISMISSAL KOOOQQLh-bUJNr-t NNNNNNNNNr-Ar-Ar-AHHHHHr-dr-d OOQQUl-hUJNF-‘OKOOOQONUI-bUJNHO PROOF OF SERVICE I am employed in the county 0f Los Angeles, State of California. I am over the age 0f 18 and not a party t0 the within action; my business address is 303 North Glenoaks Boulevard, Suite 700, Burbank, California 91502-3226. On 18 September 2019, I served the foregoing document(s) entitled: RESPONSE DECLARATION TO ORDER TO SHOW CAUSE RE: DISMISSAL by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. [] BY U.S. MAIL: I am "readily familiar" with the firm's practice 0f collection and processing correspondence for mailing. Under that practice it would be deposited With the United States Postal Service 0n that same day With postage thereon fully prepaid at Burbank, California in the ordinary course of business. I am aware that 0n motion 0f the party served, service is presumed invalid if postal cancellation date 0r 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 t0 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) t0 be served by personally delivering a true copy thereof t0 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 on 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) t0 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 KOOOQONUI-PUJNr-t NNNNNNNNNr-Ar-Ar-tr-tr-tp-tr-tr-tr-tb-t OONQUI-RUJNF-‘OKOOOQONUI-bWNV-‘O been transmitted completely and Without error. C.R.C. 2008(6), Cal. CiV. Proc. Code § 1013(6). [X] BY ELECTRONIC SERVICE: By emailing true and correct copies t0 the persons at the electronic notification address(es) shown 0n 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 0f perjury under the laws 0f the State 0f California that the above is true and correct. Executed 0n 18 September 2019 in Burbank, California. LORENA@ENCOMO lbencomo@sacfirm.com SERVICE LIST Curtis S. Leavitt, Esq. cc: Emily N. Clark, Esq. Tawinder K. Sandhu KENNADAY LEAVITT OWENSBY PC tsandhu@kennadavleavitt.com 621 Capitol Mall, Suite 2500 Sacramento, CA 95814 (916) 732-3060 cleavitt@kennadavleavitt.com eclark@kennadavleavitt.com
