Bulk Scanned DocumentsCal. Super. - 6th Dist.July 22, 2019{f * CONTRA COSTA SUPERIOR COURT - MARTINEZ 7/17/19 Register of Actions ’ Page: 1 Case Number : fierMsei9-efiafifik Case Name .;: JOHN MUIR HEALTH VS COUNTY OF SANTA CLARA Case Type ..: CIVIL Case Status : Active Category ...: CONTRACT/BREACH OF WARRANTY 'Jurisdiction: MARTINEZ SUPERIOR COURT Complaint,Type : COMPLAINT Filed :I 2/14/19 PLAINTIFF(S): DEFENDANT(S): JOHN MUIR HEALTH, COUNTY OF SANTA CLARA Served A CALIFORNIA NON-PROFIT PUBLIC BENEFITCORPORATION DBA: VALLEY HEALTH PLAN, A LOCAL PUBLIC ENTITY ATTORNEY: ATTORNEY: BARBARA V LAM JONATHAN A HELLER and DOES l through 25 Action , 1 Date Description Dispdsition 2/14/19 “32- : 'N/A $435. 00 CASE HAS BEEN ASSIGNED TO‘DEPT. 21 Case Management Conference was set for 7/02/19 at 8:30 in Dept. 21 Clerk‘s Tickler to Check for Proof of Service was set for 4/22/19 at 7:00 in dept. 21 N/A N/A N/A 4/22/19 CHECK FOR PROOF OF SERVICE VACATED Vacated 4/25/19 N/A Clerk‘s Tickler to Check for Request for Entry of Default was set for 6/10/19 at 7:00 in dept. 21 5/02/19 N/A 4;; '7/17/19 CONTRA COSTA SUPERIOR COURT - MARTINEZ Register of Actions Case Number Case Name Case Type Category Jurisdictio CIVMSC19-003l7 JOHN MUIR HEALTH VS COUNTY OF SANTA CLARA CIVIL Case Status : Active .. CONTRACT/BREACH OF WARRANTY n: MARTINEZ SUPERIOR COURT 5/17/19 5/23/19 6/04/19 6/10/19 7/02/19 7/16/19 gSTEPULATION* Clerk‘s tickler was set for 7/16/19 at 7:00 in Dept 21 DEFENDANT COUNTY OF SANTA CLARA ADDS ATTORNEY JONATHAN A HELLER fiféfiDERamo TRANSFERR ?ijflffifi;fiJé CHECK FOR REQUEST FOR ENTRY OF DEFAULT Vacated CASE MANAGEMENT CONFERENCE Dept.: 21 Time : 8:30 Vacated CHECK FOR TRANSFER OUT FEES Vacated **** END OF CASE PRINT **** N/A N/A N/A VACATED VACATED VACATED ATTY. BARBARA LAM JONATHAN A. HELLER 303 N. GLENOAKS BLVD 70 WEST HEDDING STREET SUITE 700 EAST WING, NINTH FLOOR BURBANK, CA 91502 SAN JOSE, CA 951 10 Superior Court of California, County of Contra Costa 7'25 Court Street, Martinez, CA 94553 (925) 608-1000 JOHNMUIRHEALTH 3.9611352042 CASE N0:W PLAINTIFHS) RECORD 0N TRANSFER vs. AND COUNTY OF SANTA CLARA NOTICE OF TRANSMITTAL DEFENDANT(3) RECORD ON TRANSFER TO: SANTA CLARA COUNTY SUPERIOR COURT, Please find all the documents constituting the entire file from Contra Costa County Superior Court DEPARTMENT 21. This action is transferred t0 SANTA CLARA County by the 06/0412019 Order Granting Motion to Transfer Action. Enclosures: Documents as listed on the of the Register 0f Actions, certified copy 0f Order Granting Motion to Transfer, Defendant is exempt from filing fees. NOTICE 0F TRANSMITTAL TO THE ABOVE NAMED AND ADDRESSED PARTIES: Please take notice that the above-entitled action has been transmitted t0 the court named in the Record on Transfer. Dated: July 17. 2019 CLERK, W J. Mina By I ACKNOWLEDGMEN OF RECEIPT Please sign and return a copy 0fthis acknowledgment of receipt: fl, 9 C V 3 5 2 0 4: 2 Received the above records on (date) JUL 2 2 2mg & assigned case # Dated: JUL 2 2 2mg CLERK, By R. TIEN q,LU V QEfuw CLERK CLERK'S CERTIFICATE 0F SERVICE BY MAIL (CCP 1013a[3]) l. Clerk of the above named Court, do certify that | am noi a party io the above-entilled cause: that on the date shown below l served the foregoing document by depositing a true copy thereof, enclosed in a separate. sealed envelope. with postage thereon fully prepaid, in the United States mail at Martinez. California. each of which envelopes was addressed respectively to the persons and addresses shown on the attached cedificate of mailing. Dated: July 17, 2019 CLERK, By Wu, J- M'Ha DEPUTY CLERK RECORD 0N TRANSFER AND NOTICE F TRANSMITTAL *Mmgags. 10 l] 12 13 17 18 l9 20 21 22 23 24 25 26 27 23 This document is a Correct ccpy In ‘ 21;? ofthe originalonfileinthis office. [J .‘ H3 D AIIESI: JUL 1 7 2019 7 namacus-zorwzcoum ng JUN “U p 8; s. m@mvm{?fl JAMES . ILLIAMS, County Counsel (S.B. #271253) JONATHAN A. HELLER, Dgpmy County Counsel (S.B. #267 - - OFFICE OF THE COUNTY COUNSEL C, q ’70 West Hedding Street, East Wing, Ninth Floor q“ ° “h“ San José, California 951 10-1770 4:33? ‘6; Telephone: (408) 299-5900 i Facsimile: (408) 292-7240 ‘9' ,- d ,9.“ 5' 5 g Em iii; Attorneys for Defendant 1S 0': COUNTY OF SANTA CLARA ”3’93 ’edeafa JUL 2 2 2119 a‘C’ “ . Clerk of the Court SUPERIOR COURT 0F CALIFORNIA COUNTY 0F CONTPEAsué‘ififlm °’ CA0°” " 3“”‘SECF'f’lfTYW1/ 4?. JOHN MUIR HEALTH, N0.-€-1-9=663-1-9- 3' 9 C v 35 2 0 " 2 Plaintiff, STIPULATION AND ORDER TO TRANSFER ACTION [CCP §395] v. COUNTY OF SANTA CLARA, Defendant. It is hereby stipulated by and between the parties, through their respective counsel ofrecord, that: l. The above-captioned matter is one alleging breach of contract, breach of implied-in- fact contract, and quantum memit; and 2. It is uncertain as to where the alleged breach occurred; and 3. The medical services at issue were performed by plaintiff in Contra Costa County; and 4. Venue in this case rests in the County of Santa Clara; and 5. Pursuant to the provisions of CCP §395, the matter should be transferred for a1] purposae to Santa Clara County. // 1 Stipulation and Order t0 Transfer Action C 19-003 l7 Bay Area Faea (804)77 Hem 3:. ”am 4833406 20 2} 22 23 24 25 26 27 28 Dated: May 15, 20 19 LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. By: I’vk/k’ BARBARA V. LAM Counsel for Plaintiff Dated; COUNTY OF SANTA CLARA By. Amum /A\\ J‘L ONATHAN A. HELLER ounse] for Defendant IT IS SO ORDERED. Dated: 6 [7 l QQICg’i/I Judge 0f the Superior Court JiLL C. FANNN Stipulation and Order to Transfer Action C 19-00317 v r] ”a. L‘ Ml ATI'ORNEY OR PARTY WITHOUT ATTORNEY {Name nnd/lddress): TELEPHONE N07; FOR'COURT USE ONLY Jonathan A. Heller, 267542 , (403)299.5900 Ext 6949 Santa Clara County Counsel E70 West Hedding Street, East Wing, 9th Floor ' San Jose. CA 951 10 Ref, Nov chna No. AWOMEYFOR (Name); Defendant 725L-V1 90003 m 3 A '1; 2:Insertnarne ofcoun. judeal distrid or brand: court. H any: Superior Court of California, Contra Costa County a L £2: M???“ I LE"(“igi‘cm cou a”725 Court Street, P.0. Box 911 """‘ cLER v. T 8U. c x c. mo: cmmmosmca Martinez, CA 94553-1233 .. .. n n . _ nv- 7W WFF; J L. é é (UH ms! "c.JAC.m-*,.DT;H: "Wi- JOHN MUIR HEAL , TH Clerk of the Court DEFENDANT: SuperiorCoufioffiflECoun or anza Clara DEPUTYCOUNTYOFSANTACLARA 5Y; 190v35?® €42 DATE: TIME: DEP‘r/nlv: CASE NUMER- PROOF 0F HAND DELIVERY W At the time of service I was a cItlzen of the United States, over 18 years of age and not a party to this actlon. and I sewed copies of the following: Ax Stipulation and Order to Transfer Action NAME 0F ATrORNEY: Barbara V..Lam DELIVERED TO:Cecilia Gomez, Receptionist - Person In Charge Of Office DATE MIME OF DELIVERY: 05/20/2019 11:00AM ADDRESS, CITY, AND STATE: 303 North Glenoaks Blvd., Suit Burbank, CA 9 1 502 MANNER OF SERVICE: Delivery to Law Office: Service was made by delivery to the attorney‘s office; or by leaving the document(s) with his/her clerk over the age of 18 therein; or with a person having charge thereof, or if there was no such person in the office by leaving them between the hours of nine in the morning and five 1n the afternoon, in a conspicuous place m the office. [CCP §101 1(a)] Fee for Service: $ 75.00 l declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. //Date: 05/21I2319 Humberto Palacio Registered California Process Server: L05 Angeles Registration No. 2627 One Legal- 194-Marin jMflW 1400 North McDowell Blvd, Ste 300 Petaluma. CA 94954 Signature 415-4)[21-Jg6016 932(6)[23 SW y1. 937] ‘ 381m F89 OL# 13235301ama$?in FAX FILE \DW‘IONUIAUJNs-n NNNr-r-au-HHHHp-np-m NHOKOooQGth-PDJNn-‘o D&T Legal Services 925-947-1221 2146 N. Main Street, Suite A Walnut Creek, CA 94596 Submitted By: NNNNNN OOKIONUILUJ LAW OFFICES 0F STEPHENSON ACQUISTO &cowl“JOY STEPHENSON-LAWS, ESQ. (SBN 113755)RICHARD A. LOVICH ESQ (SBN 113472) DAVID F. MASTAN, ESQ. (SBN 152109)BARBARA V. LAM, ESQ. (SBN 231073) 303 N. Glenoaks Blvd, Suite 700 Burbank, CA 91502 Telephone: (8 1 8) 559-4477 Facsimile: (8 l 8) 559-5484 Attorneys for Plaintiff, JOIN MUIR HEALTH Clerk 0f the Court my oi Sama ClaraS penorCo o u 5xwm€bbowuw SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF CONTRA COSTA UNLIMITED JURISDICTION 190V352®42JOHN MUIR HEALTH, a California Case No.:EW-non-profit public benefit cotporation, [Assigned to Hon. Jill Fannin] Plaintiff, PLAINTIFF’S NOTICE OFvs. CHANGE IN LEAD COUNSEL COUNTY OF SANT CLARA dba VALLEY HEALTH PLAN, a local public entity; and DOES 1 THROUGH 25, inclusive, Defendants. /// FC 20982 PLAINTIFF‘S NOTICE OF CHANGE IN LEAD1 COUNSEL ‘fi \DOOQONUIhUJNH MNNNNNNN '-‘ TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that BARBARA V. LAM ofLAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. has been assigned to the above matter as lead counsel. Please remove Nesrein El-Haddad, Esq. fiom your service list. Dated: April 30, 2019 LAW OFFICES OF STEPHENSON, ACQUISTO & C LMAN, INC. ”BARBARA V. LAM Attorneys for JOHN MUIR HEALTH FC 20982 2 PLAlNTlFF'S NOTICE OF CHANGE IN LEAD COUNSEL \‘x KOOOxlOflUI-kwl‘dp- 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I am employed in the county ofLos Angeles, State of California. I a 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 May 1, 2019, I served the foregoing document(s) entitled: PLAINTIFF’S NOTICE OF CHANGE IN LEAD COUNSEL by placing a true ccpy 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 collectio H [1 [] [] 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 ofthe party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of 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, to 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 thereofto 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 to the party(s) shown above, to be deposited in a facility operated by the U.S. Postal Service and regularly maintained for the receipt ofEXpress Mail on the aforementioned date. [C.C.P. 101 3(0)] BY TELECOPIER: Service was effected on all parties at approximately ___ am/pm by transmitting said document(s) from this firm's facsimile machine (81 8/559-4477) 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 been transmitted cOmpletely and without error. C.R.C. 2008(6), Cal. Civ. Proc. Code § 1013(6). -.___.._ \) \OWQONUI-bUJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [ ] 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‘trans‘mission was reported as complete and without error. [ X] State: I declare under penalty ofpeljury under the laws ofthe State 0f California that the above is true and correct. Executed on May 1, 2019 in Burbank, California. AIDA GRIGORIAN SERVICE LIST Jonathan A. Heller, Esq. County Government Center 70 W. Hedding Street East Wing, 9““ Floor San Jose, CA 95110 FAX I'IU: Submitted By: ATFORNEY OR PARTY WJTHOUT ATI'ORNEY (Name, Stare Pu; "‘jmber, and address) I FOR COURT USE ONLY Nesrein EI-Haddad, Esq. [SBNz 314965 {LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. 303 North Glenoaks Boulevard - Suite 700 Burbank, CA 91502 / TELEPHONE N0.: (81a) 5594477 | FAX N0. (815) 5595434 | EMAIL ADDRESS (Optionar): Al OR 4E! FOR (Name) P Bil U1, El L SUPERIOR COURT OF CALIFORNIA - COUNTY OF CONTRA COSTA j STREETADDRESS; 725 Court Street U APR .1 2mg MAILING ADDRESS: i _ . ”Ker THE COURT ._.-_ . 91' OF CALIFORNIA . v.F CONTRA COSTACITY AND ZIP CODE: Martinez. CA 94553 BRANCH NAME: Wakefield Taylor Courthouse E PLAINTIFF: JOHN MUIR HEALTH, et al DEFENDANT: COUNTY OF SANTA CLARA, et al PROOF 0F SERVICE 0F SUMMONS 20982 {Separate proof of service is required for each party served.) 1. At the time 0f service | was at [east 18 years of age and not a party to this action. 2. I served copies of: a.M Summons b. E" Complaint JUL 2 2 2019 C. D Alternative Dispute Resoiution (ADR) package d.M Civil Case Cover Sheet (served in complex cases only) Clerk 0f the Court €- D CFOSS-COI‘nplaint Superior Court oi CA Counly of Santa Clara f. M other (specify documents): Notice of Case ManagementConference BY DEPUTY 3. a. Party served (specify name ofparty as shown on documents served): COUNTY OF SANTA CLARA dba VALLEY HEALTH PLAN, a local public entity b. D Person (other than the party in item 3a) sewed on behaif of an entity 0r as an authorized agent (and not a person under item 5b on whom substituted service was made) (specify name and relationship to the pady named in item 3a): 4. Address where the party was served: 70 WEST HEDDING STREET - 10TH FLOOR SAN JOSE, CA 95110 5. | seév’ed the party (check properbox) a. by personal service. | personally delivered the documents listed in item 2 to the party or person authorized t0 receive service of process for the party (1) on(dafe): 4/2/2019 (2) at (time): 4:03 PM b. D by substituted service. On (date): at (time): l left the documents listed in-item 2 with or ‘ 'r in the presence of {name and rifle or reiationship to person indicated in item 3b): . (1) D (business) a person at least 18 years of age apparentiy in charge at the office or usual place of business of the person to be served. l informed him 0f her of the general nature ofthe papers. L5 U (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode ofthe party. l informed him or her of the general nature 0fthe papers. (3) D (physical address unknown) a person at [east 18 years of age apparently in charge at the usual mailing address of the person t0 be served. other than a United States Postal Service post office box. l informed him of her ofthe general nature ofthe papers. E U I thereafter mailed (by first-class, postage prepaid) copies ofthe documents to the person to be served at the place where the copies were left (Code Civ. Proc., §415.20). l mailed the documents on (date): from (city): 0r D a declaration of mailing is attached. E D | attach a declaration of diligence stating actions taken first to attempt personal service.D&T Legal Services 9258474221 2146 N. Main Street, Suite A Walnut Creek, CA 94596 Page 1 of 2 Form Ap roved for Mandatory Use Code of Civil Procedure, § 417.10 $35310 $25'55n32'5‘3Ti300n PROOF OF SERV'CE OF SUMMONS Poso1o-1I1962592 PgTITIONER: JOHN MUJR HEALTH,etaI w. CASE NUMBER: l) . yr ' ClVMSC19-00317 {7’ RESPONDENT: COUNTY 0F SANTA CLARA, et al c, D by mail and acknowledgment of receipt of service. | mailed the documents listed in item 2 to the party. to the address shown in item 4, by first-class mail, postage prepaid. (1) on (date): {2) from (city): (3)D with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement 0f Receipt.) (Code Civ. Proc., § 415.30.) (4)D to an address outside California with return receipt requested. (Code'Civ. Proc., § 415.40.) d. D by other means (specify means of service and authorizing code section): D Additional page describing service is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows: a. as an individual defendant. b. as 1he person sued under the fictitious name 0f (specify): c. as occupant d.M On behalf of (specify): COUNTY OF SANTA CLARA dba VALLEY HEALTH PLAN, a local public entity under the following Code 0f Civil Procedure section: B 416.10 (corporation) 415.95 (business organization, form unknown) D 416.20 (defunct corporation) 416.60 (minor) D 416.30 (joint stock companylassociation) 416.70 (ward or conservatee) a, 416.40 (association 0r partnership) 416.90 (authorized person) 416.50 (public entity) 415.46 (occupant) other: 7. Person who served papers a. Name: Brandon Heggem - ProLegal Reg#: 2017025418 . Address: P.O. Box 54846 Los Angeles, CA 90054 - Telephone number: (888) 722-6878 - The fee for service was: $ 196.20 I am: waca- (2) exempt from registration under Business and Professions Code section 22350(b). (1) gnot a registered California process server. (3) registered California process server: (i) D owner D employee M independentcontractor. (ii) Registration No.: PS1688 (iii)County: Santa Clara 8.M l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. or 9. D l am a California sheriff or marshal and | certify that the foregoing is true and correct. Date: 4I3I'2019 Brnggal 5R4eag4ié: 2017025418 ’fi-amnm . . 0X$4: Los Angeles,CA90054 (888) 722-6878 http:llwww.prolegalnetwork.com //% (NAME OF PERSON WHO SERVED PAPERSI’SHERIFFOR MARSHAL) (SIGNATURE) Page 2 of2 POS-O10/1 962592 P03“°"‘““““””°°71 PROOF 0F SERVICE 0F SUMMONs SUI ‘ )Ns V SW40" (CITACIc.».*.,UDICIAL) . " {sogfiAafi’qUSJoUSEEXéBma NOTICETO DEFENDANT: COUNTY OF SANTA CLARA dba VALLEY (AVISO AL DEMANDADO): HEALTH PLAN, a local public entity; AND DOES l THROUGH 25, INCLUSIVE g ;HEALT rniaflJL a2 f". Clerk of thcl =1 :5: a S‘Anetlor Coufl OT CA Coup]; y. -, f --n ‘ ¥ , I ' NOTICEI You have been sued. The court may decide against you vfith'out’yub H ssvou‘n’e‘sp’ona within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are sewed on you to file a written response at this court and have a copy sewed on the plaintiff, A letter or phone call will not protect you. Yourwritten response must be in proper legat form if you want the courtto hearyour case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Hetp Center (www.courtinfo.cagov/selfherp), your county law library, or the courthouse nearest you. [f you cannot pay the filing fee. ask the court clerk for a fee waiver form. If you do not fite your response on time. you may lose the case by default, and your wages, money, and property may be taken without further warning from the courL There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcaiifomfaorg), the California Courts Online Self-Help Center (www.couninfo.ca.gov/seifi1elp). or by contacting your local court or county bar association, NOTE: The court has a statutoty lien for waived fees and costs on any settlement or arbitration award of $1 0,000 or more in a civil case. The coufi's lien must be paid before the coun will dismiss the case‘ {AVISOI Lo han demandado. Si n0 responde dentro de 30 dias, la code puede decidir en su contra sin escuchar su versfén‘ Lea Ia infonnacién a continuacién Dene 30 DIAS DE CALENDARIO después de que Ie entreguen esta citacién y papeles iegales para presenter una respuesta par escn‘to en esta corfe y hacer que se entregue una copia at demandante Una carta o una Ilamada telefém‘ca no Io protegen. Su respuesta por escrito tiene que ester en formaro iega/ correoto sr' desea que procesen su caso en Ia corte. Es posibie que haya un formulan'o que usred pueda usar para su respuesta. Puede encontrar estos formulan’os de fa corfe y ma‘s informacién en e! Centro de Ayuda de [as Cones de California (mvwsuconacagov), en Ia bfblioteca de leyes de su condado o en la code que Ie quede més cerca. Si no puede pagar la cuora de presenfaclén, pida a! secretan’o de la corfe que le dé un formuIan‘o d9 exencién de pago de cuolas. 8i no presenra su respuesta a tiempo, puede perder el caso por incumplimiento y la code le podré quirar su sueldo, dinero y bienes sin mas adveflencr‘a. Hay otros requisites legales‘ Es recomendabie que [lame a un abogado fnmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remisidn a abogados. 8i no puede pager a un abogado, es posible que cumpla con Ios requisites para obtener servicfos Iegales gratuitos de un programa de servicios Iegales sin fines de Iucrov Puede encontrar estos grupos sin fines d9 Iucro en el sitio web de California Legal Services, (www‘Iawhelpcalifornia‘org), en e! Centre de Ayuda de Ias Cortes d9 Califomia, (mvwsucortcha‘gov) o poniéndose en contacto con Ia corte o e! cofegio de abogados Iocafes. AVISO: Por fey, Ia corre tiene derecho a reclamar las cuotas y Ios cosros exentos por imponer un gravamen sabre cualquier recuperacio’n de $10,000 é més de valor recibida mediante un acuerdo o una concesién de arbitraje en un caso de derecho civil Tiene que pagar e! gravamen de Ia corre antes de que la corte pueda desechar el caso. YOU ARE BEING SUED BY PLAINTIFF: JOHN MUIR (LO ESTA' DEMANDANDO EL DEMANDANTE): Cali non-profit public benefit corporation g“ \3 La The name and address ofthe court Is: CASE NUMBER: {El nombre y direccién de Ia code es): amem r o).- CONTRA COSTA SUPERIOR COURT _ 725 Court Street ’ Martinez, CA 94553 agcvaggfié‘g Wakefield Taylor Courthouse The name, address, and telephone number of plaintiff‘s attorney, or plaintiff without an attorney, is: (El nombre, la direccic'm y el numero de teléfono del abogado del demandante, o del dem NESREIN ELfiHADDAD (SBN 314965) 81 LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC . 303 N . GLENOAKS BLVD. , SUITE 700 9 tiene abogado, es): 818-559-5484 BURBANK, CA gligé ANQDATE: 1 4 201g Clerk, by , Deputy (Fecha) (Secretario) I (Adjunto) (Forproof of service ofthis summons, use Proof of Service of Summons (form POS-Omes/g (Para pmeba de entrega de esta citation use el fonnulan‘o Proof of Service of Summons, -01 )). NOTICE TO THE PERSON SERVED: You are served [SEAL] \\ ' ' - -§.€afiafiq}\5\“‘ 1. E as an IndIVIdual defendant. i h . '§§,.~' "39.0!” 2. :l as the person sued underthe fictitious name 0f (speCIfy): fan; 5”? 3. E on behalf of (specify): ’r '1 _-' ’ 4,93." .-'§:;” under: D CCP 416410 (corporation) E CCP 416.60 (minor) 'lficéféflfigg: E CCP 416.20 (defunct corporation) E CCP 416.70 (conservatee) “xxx“ ‘ |:| CCP 416.40 (association or partnership) D CCP 416.90 (authorized person)E other (specify): 4. E by personal delivery 0n (date); Page1 on Fm“ Adop‘edmrmandamw U59 SUMMONS Code of Civil Procedure §§ 412.20, 465 Judicial Council of California F%alSo ut' r15." SUN‘HOO [Reva July 1, 2009] g fills \OWQONU‘I-P-DJNH H O 11 12 13 14 15 16 17. 18 19 20 21 22 23 24 25 26 27 28 STEPHENSON ACQUISTO& COLMAN Elm 3 EDJOY STEPHENSON-LAWS, ESQ. (SBN 113755) ‘ gflf [1; ji BARRY SULLIVAN,ESQ. (SBN136571) L w‘. JU RICHARD A.L0VICH,ESQ. (SBN113472)33;9 FEB W p Sq CHRISTOPHER HAPAK, ESQ. (SBN 267212) NESREIN EL-HADDAD, ESQ. (SBN 3149651” I . 303 N. Glenoaks B1Vd., Suite 700 " Burbank, CA 91502 Telephone: (818) 559-4477 Facsimile: (818) 559-5484 Attorneys for Plaintiff, JOHN JUL 2 2 2019 mi Supefiggrkoof the Courtvaggfiy FER LOCAL RULEégk$CSD SUPERIOR COURT 0F CALIFORNIAQgSEES. 885(qu ALL FOR THE COUNTY 0F CONTRA COSTA PURPOSES UNLIMITED JURISDICTION 1 9 c V 3 5 2 0 4 g JOHN MUIR HEALTH, aCalifomia Case No.2 E 13 fl fl 3 i i non-profit public benefit corporation, - COMPLAINT FOR DAMAGES FOR: Plamtlff: 1. BREACH 0F WRITTEN vs. CONTRACT COUNTY OF SANTA CLARA dba VALLEY HEALTH PLAN, a Local 2‘ BREACH 0F IMPLIBD-TN- public entity; AND DOES 1 THROUGH FACT CONTRACT; 25» INCLUSIVE: 3. QUANTUMMERUIT Defendants. //// Submitted By: n9 T l nnai Conlirnc Q? R-qA7-1 771 Fc 20982 W“ “‘5”'”“"'“" "‘ _ 1 _ COMPLAINTFOR DAMAGES 2146 N. Main Street, Suite A Walnut Creek, CA 94596 DOOQONMJ>WNH NNNNNNNNNr-‘b-‘r-‘r-th-HHHr-‘r-t PARTIES 1. PlaintiffJOHN MUIR MEDICAL CENTER ("John Muir") is a non-profit public benefit corporation organized and existing pursuant t0 the laws of the State 0f California. John Muir Medical Center has its principal place 0f operation in the City 0f Walnut Creek, County 0f Contra Costa, State 0f California. John Muir Medical Center operates the John Muir Medical Center, Walnut Creek Campus and the John Muir Medical Center, Concord Campus. John Muir Medical Center provides medical care to patients. 2. Defendant, County 0f Santa Clara is and, at all relevant times was, a public entity organized and existing under the laws 0f the State 0f California. Among other things, Santa Clara County owns and operates Valley Health Plan (“VHF”), a Knox-Keene licensed, NCQA Accredited, Health Maintenance Organization (HMO). VHP offers a wide range 0f health care benefits through their Employer Group Plan, as well as our publicly available plan options through Covered California and W’s Individual & Family Plan. County 0f Santa Clara and VHP will collectively be referred to as VHP. 3. John Muir is unaware of the true names and capacities, whether corporate, associate, individual, partnership or otherwise of defendants Does 1 through 25, inclusive, and therefore sues such defendants by such fictitious names. John Muir will seek leave of the Court t0 amend this complaint to allege their true names and capacities when ascertained. 4. Defendants VHP and Does 1 through 25, inclusive, shall be collectively referred t0 as “VHF.” FC 20982 __ 2 _ COMPLAINT FOR DAMAGES \OOONO‘xUl-DUJNH p-A O 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. VHP, and each 0fthem, at all relevant times, have transacted business in the State 0f California. The violations alleged Within this complaint have been and are being cam‘ied out in the state of California, county of Contra Costa. 6. At all relevant times each 0f the defendants, including the defendants named "Doe," was and is the agent, employee, employer, joint venturer, representative, alter ego, subsidiary, and/or partner 0f one or more of the other defendants, and was, in performing the acts complained 0f herein, acting within the scope of such agency, employment, joint venture, 0r partnership authority, and/or is in some other way responsible for the acts 0f one 0r more of the other defendants. COMMON FACTUAL BACKGROUND 7. At all relevant times, The First Health Network ("First Health") had entered into various written contracts with hOSpitals (collectively, the "First Health Hospital Agreements"). According to the First Health Hospital Agreements, hospitals agreed to render medically necessaly care to individual enrollees of health plans, which health plans were 0r would be registered with First Health as payer signatories (“Payer”) t0 the First Health Hospital Agreements. In exchange, First Health agreed on behalf 0f each such Payer that the Payers would pay such hospitals for the medically necessary care rendered t0 the individual enrollees 0f that Payer’s health plan at the First Health Hospital Agreements rates. 8. At all relevant times, VHP was registered with First Health as a payer signatory to the First Health Hospital Agreements so as t0 gain access to the discounted Contract Rates. VHP, hence agreed to pay hospitals and/or physicians Fc 20982 _ 3 _ COMPLAINT FOR DAMAGES KOWQONUW-bDJNH NNNNNNNNNHHr-‘Hh-‘Ht-‘h-IHr-a OO‘JO‘xU‘I-PUJNHOOOOQONLA-bmwr-‘O for the medically necessary care rendered to the individual enrollees 0f VHP’S health plan pursuant t0 the terms of the First Health Hospital Agreements. 9. At all relevant times, John Muir had entered into the First Health Hospital Agreement as a provider 0f medically necessary care for the benefit 0f all individual enrollees of health plans who were or would be registered as Payer signatories, such as VHP, under that contract. Thus, under the First Health Hospital Agreement, John Muir agreed t0 render medically necessary care. to the individual enrollees ofVHP’S health plan; in exchange, VHP (being a Payer signatory) agreed to pay John Muir the negotiated rates pursuant to the terms 0f the First Health Hospital Agreement for that care. In general, the negotiated rates under the First Health Hospital Agreement provide for medically necessary care to be paid at a discount off 0f John Muir's usual and customary total billed charges. 10. As a Provider under the First Health Hospital Agreement, John Muir agreed t0 submit bills t0 VHP reflecting John Muir's usual and customary total billed charges associated with rendering medically necessary care t0 the individual enrollees of the VHP health plan. In exchange, VHP agreed to process and pay such claims according t0 the rates specified in the First Health Hospital Agreement (lie. , John Muir’s usual and customary total billed charges less a specified discount). 11. At all relevant times, a Patient M.K.I (hereinafter "Patient M.K.”) was an individual member 0f the VHP health plan. In deference to the Patient's privacy concerns enumerated in Cal. Const. art. I, § 1 as well as the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. §§ I320d er seq), John Muir omitted here information sufficient to reveal the identity of Patient. FC 20982 _ 4 _ COMPLAINT FOR DAMAGES \oooqoxmpww'w NNNNNNNNNHHHHHHr-‘HHp-a MNQM-PWNHOGWQOUILUJMHO 12. At all relevant times, VHP health plan was a Knox-Keene licensed health plan through the California Department 0fManaged Health Care. 13. Patient M.K. was treated at John Muir for multifocal pneumonia from December 13, 2016 through December 16, 2016. Patient M.K. entered John Muir for treatment through the emergency department and was admitted for further medically necessary treatment through the duration 0f the stay. 14. VHP verified the benefits for Patient M.K. during the stay and authorized the treatment with authorization number 80930600. 15. John Muir‘s usual and customary total billed charges for rendering the medically necessary care t0 Patient M.K. from December 13, 2016 through December 16, 2016 amounted to $80,495.60. Thus, according to the discounted rates specified (80%) Within the First Health Hospital Agreement, VHP owed John Muir $64,396.48 for such care (the ”Contract Amount Due”). 16. John Muir timely and properly submitted the billed charges t0 VHP for payment. 17. VI-IP has made no payment 0n the December 13, 201 6 through December 16, 2016 claim for the medically necessary services provided by John Muir t0 Patient M.K. //// //// FC 20982 _ 5 _ COMPLAFNT FOR DAMAGES \OOONJONUI-DUJNH NNMNNNNNNHI-ar-tr-‘r-‘b-tr-Ar-Ar-‘r-t WQOMQMNHOKDOOQQM-PWNHO FIRST CAUSE OF ACTION (Breach 0f Written Contract) (Against defendant VHP) 18. John Muir incorporates by reference and re-alleges paragraphs 1 through 17 here as though set forth in filll. 19. As stated above, under the written First Health Hospital Agreement, John Muir agreed t0 render medically necessary care t0 the individual enrollees 0f VHP's health plan; in exchange for which VHP agreed, as a Payer signatory to pay John Muir, for such care pursuant to the negotiated discounted rates specified within the First Health Hospital Agreement. 20. John Muir performed all conditions, covenants, and promises required on its part to be performed in accordance with the terms and conditions 0f the First Health Hospital Agreement. 2 1. John Muir demanded VHP to perform its obligations t0 pay John Muir the Contract Amount Due for the medically necessary care rendered to Patient M.K. 22. VHP breached the First Health Hospital Agreement by failing to pay John Muir the entire amount 0f the Contract Amount Due. 23. As a result of the breach by VHP, John Muir suffered damages in the sum of$64,396.48. FC 20982 _ 6 _ COMPLAINT FOR DAMAGES \DmflQM-PWNH NNNNNNNNNHr-tr-‘HHr-nr-tr-Ar-AH OO‘JONUW-DUJNHOKOW‘QGUI-kLQNF-‘O , a ‘ lK I s ‘ 7/! SECOND CAUSE OF ACTION (Breach 0f Implied-In-Fact Contract) (Against defendants VHP) 24. John Muir incorporates by reference and re-aIleges paragraphs 1 through 17 here as though set forth in full. 25. Since VHP is a “health care service plan” as defined in the California Health and Safety Code, at all relevant times VHP was under a statutory duty to pay for emergency services and care provided to its enrollees until each enrollee was stabilized pursuant to California Health and Safety Code §1371.4(b). John Muir rendered medically necessary, emergency services, supplies and/or equipment t0 Patient M.K. from the time of the Patient M.K.’s admission t0 the time when Patient M.K.’s condition had sufficiently stabilized t0 enable Patient M.K. to be discharged 0r transferred. California Health & Safety Code § 1371 .4(b) provides, in pertinent part: “[a] health care service plan shall reimburse providers for emergency services and care provided t0 its enrollees.” VHP violated California Health & Safety Code § 1371.4 by failing to reimburse John Muir for the medically necessary, emergency services, supplies and/or equipment rendered to the Patient M.K. 26. At all relevant times, John Muir was a provider member 0f the First Health Network and as such agreed t0 render medically necessary care t0 individual em‘ollees 0f health plans, which health plans were 0r would be registered with First Health as Payer[s]. 27. At all relevant times, VHP was a Payer member ofthe First Health Network and as such agreed to pay First Health healthcare provider FC 20982 _ 7 _ COMPLAINT FOR DAMAGES KOOO-JO\LII-bml\3’-‘ NNNNNNNNNHr-‘r-tr-‘r-‘HHp-Ar-Ir-I OOQQM-bUJNHoomflQm-EWNHO \VV ”j g members, such as John Muir, the negotiated rates pursuant to the terms of the First Health Hospital Agreement for the medical services rendered t0 its beneficiaries. 28. John Muir and VHF, through their respective conduct ofj oining and participating in the First Health network, evidenced assent t0 enter into an agreement concerning the provision of medical sewices and the payment for the provision of said services. 29. John Muir, in providing medically necessary treatment to Patient M.K., a VHP beneficiary, has fully satisfied all 0f its obligations to VHP. 30. VHP, on the other hand, has not satisfied its respective obligations t0 John Muir by failing to reimburse John Muir for the services rendered t0 Patient M.K. 3 1. As a result 0f the breach by VHF, John Muir suffered damages in the sum 0f $64,396.48, the discounted amount due under the First Health HOSpital Agreement. THIRD CAUSE OF ACTION (Quantum Meruit) (Against defendants VHP) 32. John Muir incorporates by reference and re-alleges paragraphs 1 through 6, 11 through 17, and 25 here as though set forth in full. 33. By its words and/or conduct, VHP requested that John Muir provide the Patient MK. with medically necessary services, supplies and/or FC 20982 _ 8 _ COMPLAINT FOR DAMAGES kOOOflONLhLmNr-A NNNNNNNNNHHHHHHHHHH OOQONm-PUJNHODOOQGM-DWNHO equipment. 34. Acting pursuant t0 VHP’S implied and/or express request, John Muir provided the Patient M.K. with medically necessary services, supplies and/or equipment. 35. John Muir’s rendering 0f medically necessary services, supplies and/or equipment t0 the Patient M.K. was intended to, and did, benefit the Patient MK. and therefore VHP. 36. For rendering the medically necessary services, supplies and/or equipment to the Patient M.K., John Muir reasonably expected full reimbursement 0f its billed charges at its usual and customary rates. 37. As stated above, John Muir’s usual and customary total billed charges for the medically necessary services, supplies and/or equipment it rendered to the Patient MK. was at least $80,345.60. 38. John Muir demanded that VHP pay for the medically necessary services, supplies and/or equipment it rendered to Patient M.K., but VHP failed to pay John Muir. 39. As a result of VHP’s misconduct, John Muir has suffered damages in an amount to be proven at trial according t0 proof but Which amounts to at least $80,345.60, exclusive of interest. FC 20982 _ 9 _ COMPLAINT FOR DAMAGES \OOOQOKIIJ>L»JNr-§ NNNNNNNNNr-‘Hr-‘r-‘r-IHr-tr-‘y-np-n mflomfiwNHOKOOOVQLh-waF-‘O PRAYER FOR RELIEF WHEREFORE, John Muir prays for judgment as follows: For the First and Second Causes of Action: 1. for the principal sum 0f $64,396.48; 2. for interest on such principal sum at the rate 0f 10% per annum, pursuant to Cal. Civ. Code § 3289; For the Third Cause 0f Action: 3. for the principal sum of$80,345.60; 4. for interest 0n such principal sum at the rate 0f 10% per annum, pursuant to Cal. Civ. Code § 3289; For A11 Causes of Action; 5. for all costs of suit incurred herein; and, 6. for such other and further relief as the Court deems just and proper. //// //// Fc 20982 _ 10 _ COMPLAINT FOR DAMAGES KOOONJONkh-PUJNH NNNNNNNNNHHHHHHHHHH OONO‘th-PWNHOQWNQM-tfiU-‘NHO JOHN MUIR HEALTH FC 20932 -11- COMPLAINT FOR DAMAGES CM-010 ATrORNEY 0R PARTY WITHOUT ATrORNEY (Name, 5 _NESREIN EL-HADDAD 303 N . GLENOAKS BLVD . , BURBANK, CA 91502 TELEPHONE N0; 818-559-4477 AHORNEY FOR (Name).- JOHN MUIR HEALTH r' number. and address): (SBN 3-1365) LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, SUITE 700 INC. Jx‘ EH: ”c3 - 5;“ ~: 1: a E 53% FAX N0: FOR COURT USE ONLY STREETADDRESS: 7 2 5 Court Street MAILING ADDRESS; CITY AND ZIP cone;Martlne z , SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F CONTRA COS'ggbx CA 94553 JUL 2 2 2019 E Clerk of the Court BRANCH NAME: Wa ke fi e 1d Taylor Courthou‘sewr Cour? GT CA Cour“! 0f Sama ( 'a’a 2' r w CASE NAME; 7 JOHN MUIR HEALTH v. COUNWMOLSANmAm D PUTY (a - . dba VALLEY HEALTH PLAN 2 ' ,. ‘ CIVIL CASE COVER SHEET complex case DBSiQnation CASE NU R: V ‘ Unlimited ELimited l:} Counter [:i Joinder 8; v _ v .v _ $$$$th g’béfigwged i3 FiIed with first appearance by defendant JUDGE: I 9 C V 3 5 g (B A 2 exceeds $25,000) $25,000 0r less) (Cal. Rules of Court. rule 3.402) DEPT; Items 1-6 below must be completed (see instructions on page 2). Auto Tort l: Auto (22) Uninsured motorist (46) Other PIIPDIWD (Personal InjuryIProperty DamagefWrongful Death) Tort Cl Asbestos (04)E Product liability (24) |:I Medical malpractice (45)D Other PI/PD/WD (23) Non-PIIPDIWD (Other) TortE Business torUunfair business practice (07)E Civil rights (03)D Defamation (13)D Fraud (16)E Intellectual property (1 9)E Professional negligence (25)E Other non-Pl/PDIWD tort (35) Employmenta Wrongful termination (36)E Other employment (1 5) 1. Check one box below for the case type that best describes this case: Contract Breach of contract/warranty (06)D Rule 3.740 collections (09)S Other collections (09)m Insurance coverage (18)D Other contract (37) Real PropertyE Eminent domain/Inverse condemnation (14) 1:] Wrongful eviction (33)m Other real property (26) Unlawful DetainerE Commercial (31)E Residential (32) :I Drugs (38) Judicial ReviewE Asset forfeiture (05)D Petition re: arbitration award (1 1)E Writ of mandate (02) l: Other judicia1 review (39) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403)E Antitrust/Trade regulation (03)E Construction defect (1 0) [j Mass tort (40)S Securities litigation (28)E Environmental/Toxic tort (30)m Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of JudgmentE Enforcement ofjudgment (20) Miscellaneous Civil Complaint :l RICO (27)E Other complaint (not specified above) (42) Miscellaneous Civil Petitiona Partnership and corporate governance (21) E3 Other petition (not specified above) (43) E is is not2. This case factors requiring excepfional judicial management: a. D Large number of separately represented parties complex under rule 3.400 ofthe California Rules of Court. 1fthe case is complex, mark the d. [:l Large numberofwitnesses b. D Extensive motion practice raising difficult or novel e. El Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve c. [:I Substantial amountof documentary evidence . Remedies sought(check allthatapply): a. monetary b.D nonmonetary; declaratory orinjunctive relief c. E punitive . Numberof causes of action (specify): 3 . This case D is is not01-303 a class action suit. 6. Ifthere are any known related cases, fire and serve a notice of related c Date: FEBRUARY 19., 2019 NESREIN EL-HADDAD (TYPE 0R PRINT NAME) (SBN 314965) ' " " (SIGNATURE 0F PARTY 0R A in other counties, states, 0r countries, 0r in a federal court f. E Substantial postjudgmentjudicial supervision NEfiFoR PARTY) \ I in sanctions. other parties to the action or proceeding. NOTICE Plaintiff must file this cover sheet with the first paper filed in the action 0r proceeding (except small claims cases or cases filed under the Probate Code. Family Code, 0r Welfare and Institutions Code). (Cal. Rules of Court. rule 3.220.) Failure t0 file may result File this cover sheet in addition to any cover sheet required by local court rule. Ifthis case is complex under rule 3.400 et seq. ofthe California Rules of Court, you must serve a copy 0f this cover sheet on all Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes only. Page1 of2 Form Adopted {or Mandatory Use Judicial Council of Calilornia cmmo [Rev‘ July 1. 2007] CIVIL CASE COVER SHEET a1 Sfifi Cal, Rules of Court, ruIes 2.30, 3.220, 3400-3403. 3.740; Cal. Standards of Judicial Administration, std. 3.10 , V 7‘5. ‘ \l SUPERIOR COURT - MARTI COUNTY OF CONTRA COSTA 7 MARTINEZ, CA, 94553 J JOHN MUIR HEALTH VS COUNTY OF SANTA CLARA 190V352042 NOTICE OF CASE MANAGEMENT CONFERENCE €E¥MS€i9-GQS&HL l. NOTICE: THE CASE MANAGEMENT CONFERENCE HAS BEEN SCHEDULED FOR: DATE: 07/02/19 DEPT: 21 TIME: 8:30 THIS FORM, A COPY OF THE NOTICE TO PLAINTIFFS, THE ADR INFORMATION SHEET, A BLANK CASE MANAGEMENT CONFERENCE QUESTIONNAIRE,‘AND A BLANK STIPULATION FORM ARE TO BE SERVED ON OPPOSING PARTIES. ALL PARTIES SERVED WITH SUMMONS AND COMPLAINT/CROSS~COMPLAINT OR THEIR ATTORNEY OF RECORD MUST APPEAR. 2. You may stipulate to an earlier Case Management Conference. If all parties agree to an early Case Management Conference, please contact the Court Clerk's Office at (925)608-1000 for Unlimited Civil and Limited Civil cases for assignment of an earlier date. 3. You must be familiar with the case and be fully prepared to par- ticipate effectively in the Case Management Conference and to discuss the suitability of this case for the EASE Program, private mediation, binding or non-binding arbitration, and/or use of a Special Master. 4. At any Case Management Conference the court may make pretrial orders including the following: an order establishing a discovery schedule an order referring the case to arbitration an order transferring the case to limited jurisdiction an order dismissing fictitious defendants an order scheduling exchange of expert witness information an order setting subsequent conference and the trial date an order consolidating cases an order severing trial of cross-complaints or bifurcating issues an order determining when demurrers and motions will be filed Wulrhm QJOKTW |_I. SANCTIONS If you do not file the Case Management Conference Questionnaire or attend the Case Management Conference or participate effectively in the Conference, the court may 1mpose sanctions (including dismissal of the case and payment of money). Clerk of the Superior Court of Contra Costa County I declare under penalty of perjury that I am not a party to this action, and that I delivered or mailed a copy of this notice to the person representing the plaintiff/cross-com, ;-- Dated: 02/14/19 b K. VAQUERANO Deputy lerk he Court