Application and Order Ex Parte

Cal. Super. - 6th Dist.April 1, 2021

on 7/29/2021 3:55 PM Reviewed By: R. Nguyen Envelope: 6953659 CM-OZO ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): _Kenneth M. Sigelman, Esq. State Bar No. 100238 Kenneth M. Sigelman & Associates 1901 First Avenue, 2nd Floor San Diego, CA 92101 TELEPHONE No.: (61 9) 238-381 3 FAX No. (Optional): (61 9) 238-1 866 E-MAIL ADDRESS (Optional): ken@sigelmanaSSOCiateS.00m ATTORNEY FOR(Name).- Plaintiff Brayden Le, a minor, etc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: Brayden Le, a Minor, etc. DEFENDANT/RESPONDENT: Good Samaritan Hospital, et al. FOR COURT USE ONLY EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND g ORDER EXTENDING TIME TO SERVE AND D ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NUMBER: 21CV381451 Note: This ex parte application will be considered without a personal appearance. (See Cal. Rules of Court, rule 3.1207(2).) 1. Applicant (name): Brayden Le, a Minor, By and Through His Guardian Ad Litem, Is Thanhtuyen Thi Dinh plaintiff cross-complainant petitioner defendant cross-defendant respondent other (describe): DDDEDEE 2. The complaint or other initial pleading in this action was filed on (date): April 1, 2021 HEARING DATE: DEPT.: TIME: 3. Applicant requests that the court grant an order extending time for service of the following pleading: a. g Complaint b. D Cross-complaint c. D Petition d. D Answerorotherresponsive pleading e. D Other (describe): 4. Service and filing of the pleading listed in item 3 is presently required to be completed by (date): July 31, 2021 5. Previous applications, orders, or stipulations for an extension of time to serve and file in this action are: a. D None b. g The following (describe all, including the length of any previous extensions): On July 31, 2021, an extension was granted from June 1, 2021 to July 31, 2021. 6. Applicant requests an extension of time to serve and file the pleading listed in item 3 on the following parties (name each): Defendant Allison Chan, M.D. Form Approved for Optional Use Judicial Council of California CM-020 [Rev. January 1, 2008] TO SERVE PLEADING AND ORDERS EX PARTE APPLICATION FOR EXTENSION OF TIME Page 1 of 2 Cal. Rules of Court, rules 3.1 10, 3.1200-3.1207 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com Filed August 5, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21CV381451 By: RNguyen CM-020 CASE NAME: CASE NUMBER: Brayden Le, etc. v. Good Samaritan Hospital, et al. 21CV381451 7. The pleading has not yet been filed and served on the parties listed in item 6 for the following reasons (describe the efforts that have been made to serve the pleading and why service has not been completed): See response to No. 8 below. D Continued on Attachment 7. 8. An extension of time to serve and file the pleading should be granted for the following reasons: Plaintiff’s investigator located the attorney for Dr. Chan today. Dr. Chan’s attorney has agreed to accept service by Notice and Acknowledgment of Receipt. Plaintiff requests an additional 3O days to allow for the Notice and Acknowledgment of Receipt to be served, signed, returned and filed. D Continued on Attachment 8. 9. If an extension of time is granted, filing and service on the parties listed in item 6 will be completed by (date): August 30, 2021 10. Notice of this application under rules 3.1200-3.1207 D has been provided as required (describe all parties or counsel to whom notice was given; the date, time, and manner of giving notice; what the parties or counsel were told and their responses; and whether opposition is expected) or E is not required (state reasons): There is no hearing date assigned for this ex parte application. On July 23, 2021, Cyrus Tabari, counsel for Defendants Good Samaritan Hosptal, L.P., HCA Health Services of California, |nc., and C-HCA, |nc., was advised that we were attempting to locate Dr. Chan for service. A copy of this Ex Parte Application for Extension of Time to Serve Pleading was served to counsel for defendants on July 29 2021. D Continued on Attachment 10. 11. Number of pages attached: | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: July 29, 2021 Kenneth M. Sigelman, Esq. >/M (TYPE OR PRINT NAME OF APPLICANT OR ATTORNEY FOR APPLICANT) \SIGNATURE OF APPLICANT O TORNE OR APPLICA T) Order on Application is E below D on a separate document. ORDER . The application for an order extending time to serve and file the pleading is D granted D denied. NA . The pleading must be served and filed no later than (date): 9’ D The case management conference is rescheduled to: a. Date: b. Time: c. Place: 4. Otherorders: 5. A copy of this application and order must be served on all parties or their counsel that have appeared in the case. Date: JUDICIAL OFFICER CM-OZO IReV- Januawt 20°81 Ex PARTE APPLICATION FOR EXTENSION 0F TIME ”992°” To SERVE PLEADING AND ORDERS Amman LegalNet, m www.FormsWorkf/ow.com X August 30, 2021 August 4, 2021 Signed: 8/4/2021 04:22 PM Drew Takaichi ©00fl0\UI#UJN>-t NNNNNNNNNb-Ai-At-th-t-tp-tb-Ai-tt-th-A OOQONLIIAUJNP-‘OOOOQONU‘I#UJNHO Brayden Le, a Minor, etc. v. Good Samaritan Hospital, et al. Case N0. 21CV381451 PROOF 0F SERVICE 1am employed in the County of San Diego, State of California. I am over the age of 18 and not a party to the within action; my business address is 1901 First Avenue, 2nd Floor, San Diego, California 92 1 01 . On July 29, 2021, I served the foregoing document(s) described as: EX PARTE APPLICATION FOR EXTENSION 0F TIME T0 SERVE PLEADING AND ORDER EXTENDING TIME T0 SERVE on the interested parties in this action by placing a true copy thereof addressed as follows: SEEATTACHED SERVICE LIST / / BY MAIL I enclosed the documents in a sealed envelope or package addressed to the person at the addresses 0n the attached Service List and place the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’ s practice for collecting and processing correspondence for mailing. On the same day that correspondence is place for collection and mailing, it is deposited in the ordinary course ofbusiness With the United States Postal Service, in a sealed envelope With postage fully prepaid. / / BY OVERNIGHT DELIVERY SERVICE I enclosed the documents in an envelope or package providedby an overnight delivery carrier and addressed t0 the person at the addresses in the attached Service List. Iplaced the envelope or package for collection and overnight delivery at an office or a regular utilized drop box of the overnight delivery carrier. / / BY PERSONAL SERVICE Ipersonally served the document(s) by handing them t0 the addressee(s) below: / / BY MESSENGER SERVICE I served the documents by placing them in an envelope or package addressed to the person at the addresses listed in the attached Service List and providing them to a professional messenger service for service. / X / By E-MAIL OR ELECTRONIC TRANSMISSION Only by e-mailing the document(s) to the persons at the e-mail address(es). N0 electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. I declare under penalty ofperjury under the laws ofthe State of California that the foregoing is true and correct. Executed 0n July 29, 2021, at San Diego, California. _§W‘Nfi/W Suelyn GallardoU ©00fl0\UI#UJN>-t NNNNNNNNNb-Ai-At-th-t-tp-tb-Ai-At-th-A OOQONLIIAUJNP-‘OOOOQOU‘I#UJNHO Brayden Le, a Minor, etc. v. Good Samaritan Hospital, et al. Case N0. 21CV381451 SERVICE LIST Cyrus A. Tabari, Esq. Attorneys for Defendants GOOD Anne S. Hilleary, Esq. SAMARITAN HOSPITAL, L.P.; HCA SHEUERMAN, MARTINI, TABARI, HEALTH SERVICES OF CALIFORNIA, ZENERE & GARVIN INC.; and C-HCA, INC. 1033 Willow Street Tel: (408) 288-9700 San Jose, CA 95125 Fax: (408) 350-1432 E-mails: ctabari@smtlaw.com ahilleagx@smtlaw.com