DeclarationCal. Super. - 6th Dist.September 26, 2019H. Gregory Nelch, Esq. - SBN 118258 Rebecca D. Martino, Esq. - SBN 236094 CODDINGTON, HICKS 8c DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065-2133 Tel.: 650.592.5400 Fax: 650.592.5027 ATTORNEYS FOR Defendant Bonnie Stein IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 10 11 12 13 14 15 16 17 18 19 MICHAEL NAHMOU, Plaintiff, vs. BONNIE STEIN; and DOES 1 to 25, inclusive, Defendants. I, Rebecca D. Martino, declare that: Case No. 19CV355713 DECLARATION OF REBECCA D. MARTINO IN SUPPORT OF DEFENDANT BONNIE STEIN'S REPLY TO PLAINTIFF'S OPPOSITION TO MOTION FOR AN ORDER THAT PLAINTIFF COMPLY WITH DEFENDANT'S DEMAND FOR A PSYCHIATRIC EVALUATION 20 22 23 24 25 26 27 28 1. I am an attorney duly licensed to practice in the courts of the State of California and am an associate with the firm of Coddington, Hicks fk Danforth, attorneys for defendant Bonnie Stein ("Stein" or "defendant") in the above-entitled action, and make this declaration for and on behalf of said defendant I have personal knowledge of the facts stated herein and if called to testify with respect thereto, could and would do so competently under oath. 2. Attached as Exhibit 12 is a true and correct copy of an amended notice of IME to plaintiff that I intend on serving on plaintiff once I secure dates of availability from the defense retained psychiatrist and psychologist to perform plaintiffs IME. Dedaration of Rebecca D. Martino ISO Reply to Motion for an Order that Plaintiff Comply with Psychiatric Evaluation; Case No: 19CV355713 782746 Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/28/2021 11:49 AM Reviewed By: R. Burciaga Case #19CV355713 Envelope: 6737039 19CV355713 Santa Clara - Civil R. Burciaga 'll&e nmcn&h d notice sets f&&rth thc two specif&r tests that l7r. Bmmson will admmrstcr to plaintiff. I declare under penalty &&f pe(lory under the laws of thc Sratc»f (:ahfonna, that the foregoing is tn&c aml c&&rrcct, I',rc t.abf&&rnia. I (.&If, 10 12 l3 l4 I5 l6 l7 18 l9 20 2l 22 23 24 25 2 I7&xtarar&on o( ital&rcea 0 Marnno IS(') lcmh ro Lf&&rion fi&r an C&ni& r &I&ar I'I;an&it t &»mair uirh Payelnarric I..vair&anon; Case K&&. I»CVSSS713 7a27 I(& EXHIBIT 12I I H. Gregory Nelch, Esq. - SBN 118258 Rebecca D. Martino, Esq. - SBN 236094 CODDINGTON, HICKS & DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065-2133 Tel.: 650.592.5400 Fax: 650.592.5027 ATTORNEYS FOR Defendant Bonnie Stein IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 10 11 12 13 14 15 16 MICHAEL NAHMOU, Plaintiff, vs. BONNIE STEIN; and DOES 1 to 25, inclusive, Defendants. Case No. 19CV355713 AMENDED NOTICE OF PSYCHIATRY EVALUATION WITH PSYCHOLOGICAL TESTING 17 18 19 20 21 22 24 25 26 27 28 TO: PLAINTIFF MICHAEL NAHMOU AND HIS ATTORNEYS OF RECORD PLEASE TAKE NOTICE that defendant Bonnie Stein has scheduled a psychiatry evaluation with psychological testing of plaintiff Michael Nahmou for 2021, at a.m./p.m., via remote video technology. The interview and evaluation will be conducted by Jeffrey Gould, M.D., a board-certified psychiatrist. The psychological testing will be administered by James H. Bramson, Psy.D., a licensed clinical psychologist. It will not involve invasive, dangerous, or painful physical procedures. The examination shall include an interview and standardized testing. The interview will cover Michael Nahmou's current symptoms and activities, current treatment and relevant history predating the accident. The interview portion of the evaluation will last approximately three to five hours, but under some circumstances may last longer. This part of the examination will include at least two rest breaks. 1 Amended Notice of Psychiatry Evaluation with Psychological Testing Case No: 783107 10 13 The psychological tests are in both the cognitive and emotional spheres. The psychological testing is administered and interpreted by Dr. Bramson. Dr. Bramson will use the following tests in his evaluation of plaintiff: the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) and the MiUon Clinical Multiaxial Inventory-III (MCMI-IV). The testing portion of the examination will last approximately two to four hours, but under some circumstances may last longer. If plaintiff fails to appear at the evaluation and testing as scheduled herein or as rescheduled by agreement of the examiner, examinee and counsel for the noticing party, or if plaintiff or plaintiffs counsel or agent causes the examination not to proceed as noticed or rescheduled, plaintiff will be responsible for payment of any cancellation or no-show fee charged by the examiner, in addition to any other monetary, issue, evidence or terminating sanction imposed by the court. PLEASE TAKE NOTICE THAT THE DOCTORS'VALUATION AND 14 TESTING CANCELLATION POLICY IS NOTICE MUST BE GIVEN NO LATER 15 THAN THREE WORKING DAYS BEFORE THE SCHEDULED EVALUATION 16 AND TESTING OR YOU WILL BE CHARGED AND RESPONSIBLE FOR 17 PAYING CANCELLATION FEES OF $4,700. 18 19 20 21 22 Dated: June, 2021 CODDINGTON, HICKS t8c DANFORTH By: Rebecca D. Martino Attorneys for Defendant Bonnie Stein 23 24 25 26 27 28 2 Amended Notice of Psychiatry Evaluation with Psychological Testing Case No: 783107 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) yeats and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is hporter(Rchdlawyers.corn 10 12 I am readily familiar with my employer's business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. On June 28, 2021, I served a copy of each of the documents listed below by placing them for processing as indicated herein. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF REBECCA D. MARTINO IN SUPPORT OF DEFENDANT BONNIE STEIN'S REPLY TO PLAINTIFF'S OPPOSITION TO MOTION FOR AN ORDER THAT PLAINTIFF COMPLY WITH DEFENDANT'S DEMAND FOR A PSYCHIATRIC EVALUATION United States Mail:The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be deposited in a facility regularly maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney's office. Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were tiansmitted to a facsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile machine. Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the coutt; and/or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of Court RuIe 2.257(a). Federal The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available Eor inspection in my employer's office. I have received no indication the electronic transmission did not reach the recipient. PERSONS OR PARTIES SERVED: 10 11 12 13 14 15 17 18 19 20 21 BYELECTRONIC MAIL Plaintiffs Attorney Rodney Mesriani, Esq. Mesriani Law Group 510 Arizona Avenue Santa Monica, CA 90401 Telephone: (310) 826-6300 Facsimile: (310) 820-1258 rodnev&mesriani.corn sanazRmesriani.corn Assistant: Rossy rossv&mesriani.corn BY OVERNIGHTMAIL AND ELECTRONIC MAIL PlaintiB's Attorney James E. Fox, Esq. Fox & Fox Law Corporation 1800 North Vine Street Los Angeles, CA 90028 Office: (818) 986-4494 Mobile: (818) 613-0665 Facsimile: (818) 981-1181 james(Rfoxandfoxlawcorn.corn Assistant: Ana Feliciano Eoxandfox(Rsbcvlobal.net 22 I certify (or declare) under penalty of perjury under the laws of the State oE California that 23 24 the Eoregoing is true and correct and that this declaration was June 28, 2021. 25 26 Helen Porter 27 28 Conte Saporior Cosa ofCaiiforaia, Saota Cora Coaat7 Action Nca 19CV355713 Case Name: Nahrooa o. Stria