Request Judicial Notice

Cal. Super. - 6th Dist.May 12, 2021

9 10 LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. JOY STEPHENSON-LAWS (SBN 113755) j stephenson@sacfirm.corn RICHARD A. LOVICH (SBN 113472) rlovich@sacfirm.corn KARLENE J. ROGERS-ABERMAN (SBN 237883) kaberman@sacfirm.corn 303 N. Glenoaks Blvd., Suite 700 Burbank, CA 91502 Telephone: (818) 559-4477 Facsimile: (818) 559-5484 Attorneys for Plaintiff STANFORD HEALTH 12 13 14 SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA UNLIMITED JURISDICTION 15 16 17 19 20 22 23 24 25 26 27 28 STANFORD HEALTH, a California non-profit public benefit corporation, Plaintiff, vs. HEALTH COST SOLUTIONS, INC., a Tennessee for profit corporation; CALIFORNIA NATURAL PRODUCTS, a California for profit corporation; PRIVATE HEALTHCARE SYSTEMS, INC., a Delaware for profit corporation, and DOES 1 THROUGH 25, INCLUSIVE, Defendants. Case No.: 21CV382334 [Assigned to Hon. Christopher G. Rudy] PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS OPPOSITION TO DEFENDANT'S DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT [Filed Concurrently with Plaintiff s Opposition; and [Proposed] Order Overruling Demurrer] Date: March 3, 2022 Time: 9:30 am Place: Dept. 7 Complaint filed: May 12, 2021 FAC filed: July 14, 2021 FC 27030 - I - PLAINTIFF'S RFQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS OPPOSITION TO DEFENDANT'S DEMURRER TO THE FIRST AMENDED COMPLAINT Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/17/2022 4:45 PM Reviewed By: R. Nguyen Case #21CV382334 Envelope: 8320144 21CV382334 Santa Clara - Civil R. Nguyen JUDICIAL NOTICE REOUEST Pursuant to California Evidence Code sections 452 and 453, Plaintiff STANFORD HEALTH ("Plaintiff') respectfully requests that the court take judicial notice of the following true and correct copy of a document in connection with Plaintiff s opposition to Defendant California Natural Product's demurrer to the First Amended Complaint in this action.. l. Exhibit A: Request for Dismissal, July 12, 2021. 10 These documents are subject to judicial notice under (I) California Evidence Code ) 452(c) as "Official acts of the legislative, executive, and judicial 12 departments of the United States and of any state of the United States;" (2) 13 California Evidence Code ) 452(d) as "Records of (1) any court of this state or (2) 14 any court of record of the United States or of any state of the United States;" and 15 (3) California Evidence Code $ 452(h) as "t fjacts and propositions that are not 16 reasonably subject to dispute and are capable of immediate and accurate 17 determination by resort to sources of reasonably indisputable accuracy," 18 19 20 Dated: February 17, 2022 21 22 LAW OFFICES OF STEPHENSON, 23 24 25 26 N 27 FC 27030 - 2 - PLAINTIFF*S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS OPPOSITION TO DEFENDANT'S DEMURRER TO THE FIRST AMENDED COMPLAINT EXHIBIT AHI I ATTORNEY OR PARTY WITHOUT ATTORNEY (Name Sfara Bar numoar and address) Karlene Rogers-Aberman (237883) Stephenson, Acquisto & Caiman, Inc. 303 N. Glenoaks Blvd. ¹700, Burbank, CA 91502-3226 TELEPHONE NO'818) 559%477 FRANC (Opsonm) (818) 559 5484 EWIAIL ADDRESS (opsoimp kaberman(8lsacfirm.corn ATroRNEv FDR (Name) Plaintiff STANFORD HEALTH sUPERIQR coURT oF GALIFQRNIA, coUNTY oF Santa Clara-Unlimited Jurisdiction sTREETADDREss 191 N. First Street MAILINGADORESS same cITYANDzIPcoDE: San Jose, California 951 13-1090 BRANCH NAME, Downtown Superior Court PLAINTIFF/PETITIONER: STANFORD HEALTH DEFENDANT/REsPQNDENT: HEALTH COST SOLUTIONS, INC., et al. FOR COURT VSE ONLY CIV-110 REQUEST FOR DISMISSAL CASE NUMBER: 21 CV382334 A conformed copy will not be returned by the clerk unless a method of return is provided with the document. This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action. (CaL Rules of Court, rules 3.760 and 3.770.) 1. TO THE CLERK: Please dismiss this action as follows: a. (1) ~Z With prejudice (2) ~ Without prejudice b. (1) ~ Complaint (2) ~ Petition (3) ~ Cross-complaint filed by (name): on (date): (4) ~ Cross-complaint filed by (name) on (date). (5) C3 Entire action of all parties and all causes of action (6) ~Z Other (spec//y): **AS TO PRIVATE HEALTHCARE SYSTEMS, INC. ONLY" 2. (Comp/e/8 in s/I cases except family lew cases.) Thecourt ~did C43didnotwaivecourtfeesandcostsforapartyinthi ca . (Th/ 'ormalionmay the clerk. I/court fees and costs were waived, ihe dec/aration on the 0 c is form /be comp/eted). Date. 7/(2/202 I KARl ENE ROGERS-ABE))JYIAN (TYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY WITHOUT ATTORNEY) (Sl E) 'If dismissal mquestad is of spemfied parties only ot specdied causes ot action Adofitsy Ol'afly witho t atto y f()r. only, or ot spemried crossummptslnts only, so state and idensfy ths panum ~Y plaintiff/petition M Defendant/Respondentcauses of ecdon, or crossmompiaints to be dismissed. M Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given." Date: (TYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY YaTHOUT ATTORNEY) (SIGNATURE) If a cross-complaint-or Response (Family Law) seeain9 affirmative relief - is on fits, the attorney for cross-complainant (respondent) must son this consent if required by Code of Cwil Procedure sectmn 881 (i) or 0). (To he comp/e/ed hy clerk) 4. ~ Dismissal entered as requested on (dale): Attorney or party without attorney for; Plaintiff/Petitioner ~ Defendant/Respondent Cross-Complainant 5 ~ Dismissal entered on (da/8): as to only (name). 6. ~ Dismissal not entered as requested for the following reasons (specify) 7. a. C3 Attorney or party without attorney notified on (da/e): b. ~ Attorney or party without attorney not notified. Filing party failed to provide C] a copy to be conformed ~ means to return conformed copy Date; Form Adoplad lor Mandalory Uss Judulel Coundl ol Caldumia CIV-110 IRav Jan I, 2013) Clerk, by REQUEST FOR DISMISSAL , Deputy Pa9s lof2 Cods of Ciwl Procedwa, 8 881 at seq; Gov Code, 88883)(c), Cat Rules ofcourt, ruls 3 1390 www.mwnr ca pov PLAINTIFF/PETITIONER: STANFORD HEALTH DEFENDANT/RESPONDENT: HEALTH COST SOLUTIONS, INC., et al. CASE NUMBER: 21CV382334 CIV-110 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were initially waived has recovered or will recover $ 10,000 or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery. Ths court may refuse to dismiss the case until the lien is satisfied. (Gov. Code, $ 68637.) Declaration Concerning Waived Court Fees 1. The court waived court fees and costs in this action for (name): 2 The person named in item 1 is (check one below): a M not recovering anything of value by this action. b. ~ recovering less than $ 10,000 in value by this action. c. ~ recovering $10000 or more in value by this action. (Ifitem 2c is checked, item 3 must be completed) 3. C3 All court fees and court costs that were waived in this actIon have been paid to the court (check one): ~ Yes H No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: ITYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY MAKING OECIARATIONI lsIGNATUREI CIV 110 IRa1 JNIYNY I, 201 at REQUEST FOR DISMISSAL Pasa 2 af 2 PROOF OF SERVICE I am employed in the county ofLos Angeles, State of 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 12 July 2021, I served the foregoing document(s) entitled: REQUEST FOR DISMISSAL - WITH PREJUDICE AS TO PRIVATE HEALTHCARE SYSTEMS ONLY 9 10 by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [X] [] [] BY 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 ifpostal cancellation date or postage meter date is more than one day aAer date of deposit for mailing in affidavit. [C.C.P. 1013a(3); F.R,C.P. 5(b)] 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. 1011(a); F.R.C.P. 5(b)] BY TELECOPIER: Service was effected on 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 been transmitted completely and without error. C.R.C. 2008(e), Cal. Civ. Proc. Code $ 1013(e). BY FEDERAL EXPRESS: I caused such envelope(s), with ovemightFederal 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(c) 1013(d)] 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. ] BY ELECTRONIC SERVICE [BY COURT]: by causing the foregoing document(s) to be electronically filed using the Court's Electronic Filing System which constitutes service of the filed document(s) at the electronic service address of the individual(s) listed on the attached mailing list. 9 10 12 [X] State: I declare under penalty ofperjury under the laws of the State of California that the above is true and correct. ] Federal: I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on 12 July 2021 in Burbank, California. 13 14 15 16 17 18 ANGELA DEMERS 19 20 21 22 23 24 25 26 27 SERVICE LIST Private Healthcare Svstems, Inc. Marjorie Wilde Senior Counsel MultiPlan 535 E. Diehl Rd., Suite 100 Naperville, IL 60563 mariorie.wilde&multinlan.corn 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Private Healthcare Systems, Inc., c/o CSC Lawyers Incorporating Service 2710 Gateway Oaks Drive, Suite 150N Sacramento, CA California Natural Products c/o InCorp Services, Inc. - Agent 5716 Corsa Avenue, Suite 110 Westlake Village, CA 91362 Health Cost Solutions c/o Paracorp Incorporated - Agent 2 North Jackson Street, Suite 605 Montgomery, AL 36104