Motion_to_compel_deposition_oral_or_writtenMotionCal. Super. - 4th Dist.October 22, 2013ELECTRONICALLY FILED Superior Court of California, County of Orange 08/28/2018 at 03:41:00 FM 1 || LISA M. RICE, State Bar No. 177898 Clerk of the Superior Court Irice@wf{bm.com By Jeanette Torres-Mendoza, Deputy Clerk 2 ||HELEN M. LUETTO, State Bar No. 119478 hluetto@wfbm.com 3 || AMRIT K. DHALIWAL, State Bar No. 309774 adhaliwal@wfbm.com 4 || WFBM, LLP One City Boulevard West, Fifth Floor 5 |{ Orange, California 92868-3677 Telephone: (714) 634-2522 6 || Facsimile: (714) 634-0686 7 || Attorneys for Defendant MEDIVATORS, INC. 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER 11 g N 8 12 {| CARLOS MALDONADO, as an individual, Case No. 30-2013-00682880-CU-PL-CJC TEE: 13 Plaintiff, NOTICE OF MOTION AND MOTION S 49 FOR ORDER PERMITTING UPDATED z3 a, 14 V. DISCOVERY INCLUDING DEPOSITION 9 $ Ly OF PLAINTIFF, INDEPENDENT < 33 i 15 MEDIVATORS, INC, et al, MEDICAL EXAMINATIONS OF 23 6 © PLAINTIFF AND RELEASE OF E ig 16 Defendants. PSYCHIATRIC RECORDS OF 2 PLAINTIFF; MEMORANDUM OF 17 POINTS AND AUTHORITIES; DECLARATION OF HELEN M. LUETTO 18 IN SUPPORT THEREOF 19 [Filed Concurrently with [Proposed] Order] 20 Assigned for all Purposes to: Hon.: Frederick P. Horn 21 Dept.: C64 : Date: September 26, 2018 22 Time: 1:30 p.m. 23 Action Filed: October 22,2013 Trial Date: March 18, 2019 24 25 [TO PLAINTIFF AND TO HIS ATTORNEYS OF RECORD: 26 PLEASE TAKE NOTICE that on Wednesday, September 26, 2018, at 1:30 p.m. in 277 || Department C64, located at 700 Civic Center Drive West, Santa Ana, California 92701, defendant 28 || Medivators, Inc. will and hereby does move this Court for an order permitting it to conduct additional -1- 4553976.1 NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING 4149-33471 DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF O R A N G E , C A L I F O R N I A 9 2 8 6 8 - 3 6 7 7 TE L (7 14 ) 6 3 4 2 5 2 2 « F A X ( 7 1 4 ) 6 3 4 0 6 8 6 W A L S W O R T H O N E C I T Y B O U L E V A R D W E S T , F I F T H F L O O R 4553976.1 4149-3.3471 + wo No ~~ O N W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 updated discovery to permit it to prepare for trial. Specifically, Medivators seeks the following orders: 1. That Medivators be permitted to take a further session of the Plaintiff Carlos Maldonado's deposition to obtain updated information on the Plaintiff's medical and physical condition and claims and employment status since his last deposition session which concluded on February 26, 2015; 2. That Medivators be permitted to conduct an updated independent medical examination of the Plaintiff Carlos Maldonado with its retained expert pulmonologist Alan Szeftel, M.D. to obtain updated information on the Plaintiff's medical and physical condition and claims and ability to be employed since his examination of May 27,2015; 3. That Medivators be permitted to conduct an updated independent medical examination of the Plaintiff Carlos Maldonado with its retained expert psychiatrist Alex D. Michelson, M.D. to obtain updated information on the Plaintiff's psychiatric condition and claims and ability to be employed since his examination of May 19, 2015; 4, That Medivators be permitted to obtain updated medical and psychiatric records from the treating psychiatric health care providers of the Plaintiff Carlos Maldonado, Friedman Psychiatric Medical Group and David Sones, M.D. and that Plaintiff be required to cooperate in signing the necessary authorizations to permit Medivators to obtain updated psychiatric records from these two providers regarding the Plaintiff's psychiatric care and treatment, condition, claims and ability to be employed since these records were originally obtained in 2014. This motion will be made pursuant to Code of Civil Procedure sections 128, 177, 2017.010, 2025.610,2031.310 and 2032.230 and on the grounds that this matter has been remanded back to this Court following the reversal of the granting of Medivator's motion for summary judgment which was heard in this matter on June 1, 2015, taken under submission and granted on June 3, 2015. Accordingly, other than the issuance of subpoenas for updated medical records, no discovery has been undertaken in the matter since that date. The matter is now set for trial on March 18, 2019, and by the time the matter proceeds to trial, the discovery already completed will be nearly four years old. Medivators is unable to prepare for trial without having the opportunity to obtain updated discovery regarding the Plaintiff's current medical and gh NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF O R A N G E , C A L I F O R N I A 9 2 8 6 8 3 6 7 7 TE L (7 14 ) 6 3 4 2 5 2 2 + FA X (7 14 ) 6 3 4 0 6 8 6 W A L S W O R T H ON E CI TY B OU LE VA RD WE ST , FI FT H FL OO R 4553976.1 4149-3 3471 Oo ce 3 n n » 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2d 28 psychiatric conditions and claims and his ability to be gainfully employed. Due to his claims, it is anticipated that Plaintiff has continued to receive treatment for his claims since records were last obtained in the matter in 2014 and 2015. While Medivators can subpoena updated medical records, it cannot, without this Court's assistance, obtain updated psychiatric records nor may it take an updated deposition or independent medical or psychiatric examination of Mr. Maldonado and for this reason, seeks the Court's assistance. This motion is based upon this notice of motion, the attached memorandum of points and authorities, the declaration of Helen M. Luetto, the records and files of this matter, and upon such oral and documentary evidence as may be presented at the hearing on this motion. Dated: August 28, 2018 LYSAAERA HELEN M. RAMERICE AMRIT K. DHALIWAL Attorneys for Defendant MEDIVATORS, INC. 3. NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF O R A N G E , C A L I F O R N I A 9 2 8 6 8 - 3 6 7 7 TE L (7 14 ) 6 3 4 - 2 5 2 2 + FA X (7 14 ) 6 3 4 0 6 8 6 W A L S W O R T H ON E CI TY B OU LE VA RD WE ST , FI FT H FL OO R 4553976.1 4149-33471 OO «0 3 n b s W N ND ND N N N N N N N e Em e e ek a a e d e d pe d « I Y nn B R A W N = O Y N YN Rs W N R D MEMORANDUM OF POINTS AND AUTHORITIES 1. INTRODUCTION AND FACTUAL SUMMARY In this matter, Plaintiff Carlos Maldonado ("Plaintiff") claims that he sustained serious personal injuries due to his claimed exposure to Rapicide High Level Disinfectant and Sterilant (Glutaraldehyde or 1.5 Pentanedial-2%) ("Rapicide"), a product manufactured by Medivators, while employed at Placentia Linda Hospital from 2004 to April of 2012. Plaintiff asserts myriad personal injuries to this claimed exposure including neurological, pulmonary, cardiovascular, and psychiatric injuries. His psychiatric claims include "major depressive disorder, suicidal thoughts, and suicidal attempt. Plaintiff asserts causes of action for strict liability, negligence, and breach of implied and express warranties against Medivators and claims past and future medical expenses, lost earnings, and general damages. As set forth in greater detail below, this matter was remanded following the Court of Appeal's reversal of the judgment in favor of Medivators pursuant to the order granting summary judgment in its favor. The motion was granted in June, 2015. Other than the recent issuance of subpoenas for updated medical records, no discovery has taken place since June 2015, and by the time trial occurs in March 2019, significant discovery previously undertaken will be four years old. By this motion, Medivators seeks to take a limited deposition of the Plaintiff Carlos Maldonado to inquire regarding his current physical and mental condition as well as his current ability to be employed, his current claims of disability and any impact of his ongoing physical and mental conditions on his current ability to undertake the usual activities of daily living. In the same vein, it seeks to have Mr. Maldonado participate in updated medical examinations with its retained experts Drs. Szeftel and Michelson, again to update Medivators on the Plaintiff's current physical and mental claims and to permit the experts the opportunity to be prepared to testify at trial with current information. Finally, because the Plaintiff's psychiatric condition is at issue, Medivators seeks to obtain Mr. Maldonado's updated psychiatric records from 2014 to the present date (Medivators already has the prior psychiatric records obtained through Plaintiff's authorization) which require a signed authorization for such release. Simply put, Medivators seeks -4- NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF O R A N G E , C A L I F O R N I A 9 2 8 6 8 - 3 6 7 7 TE L (7 14 ) 6 3 4 2 5 2 2 + FA X (7 14 ) 6 3 4 - 0 6 8 6 W A L S W O R T H ON E CI TY B OU LE VA RD WE ST , FI FT H FL OO R 4553976.1 4149-33471 wm bh W N ~N 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to have the appropriate discovery to allow it to be prepared for the March 2019 trial date. As set forth in the declaration of Helen M. Luetto, its counsel has met and conferred and informally requested these but has not yet received any favorable response by Plaintiff's counsel. 24 RELEVANT CHRONOLOGY OF THE CASE To assist the Court's evaluation of this matter, a short chronology of the salient facts affecting this motion is set forth below. 2004 to April of 2012 October 22, 2013 January 5, 2015 February 2015 February 26, 2015 May 1, 2015 May 19, 2015 May 27, 2015 June 1, 2015 June 3, 2015 July 15,2015 Plaintiff Carlos Maldonado employed in the gastroenterology department of Placentia Linda Hospital where he asserts he was exposed to Rapicide High Level Disinfectant and Sterilant. Plaintiff Carlos Maldonado filed his Complaint against Medivators asserting causes of action for strict liability, negligence and breach of express and implied warranties. Plaintiff Carlos Maldonado executes authorization for release of his psychiatric medical records from treating doctors David Sones, M.D. and Friedman Psychiatric Medical Group. The authorizations are limited duration of 90 days. Pursuant to the signed authorization, Medivators obtains Plaintiff Carlos Maldonado's psychiatric medical records from treating doctors David Sones, M.D. and Friedman Psychiatric Medical Group. Plaintiff Carlos Maldonado's deposition was concluded. Plaintiff Carlos Maldonado's treating psychiatric Dr, Friedman was deposed and he produced further psychiatric records regarding the Plaintiff. Plaintiff Carlos Maldonado undergoes psychiatric evaluation and consultation with Medivators' retained clinical and psychiatry expert Alex D. Michelson, M.D. Plaintiff Carlos Maldonado undergoes medical examination and evaluation with Medivators' pulmonary medicine expert Alan Szeftel, M.D. Hearing on Medivators' motion for summary judgment, taken under submission. Medivator's motion for summary judgment was granted. Judgment was entered in favor of Medivators, Inc. -5- NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF OR AN GE , CA LI FO RN IA 9 2 8 6 8 3 6 7 7 TE L (7 14 ) 63 42 52 2 » FA X (7 14 ) 63 40 68 6 W A L S W O R T H ON E CI TY B OU LE VA RD WE ST , FI FT H FL OO R 4553976.1 4149-33471 H w Oo 0 3 NY Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 93 24 25 26 27 28 September 21, 2015 Plaintiff Carlos Maldonado filed the notice of appeal of the judgment in favor of Medivators. June 27, 2017 The Court of Appeal issued its opinion reversing the judgment in favor of Medivators and remanding the matter back to the trial court. September 6, 2017 The matter was reassigned to the Honorable Glen R, Salter, Judge, Department C-22. Plaintiff filed a peremptory challenge to the assignment. November 29, 2017 The matter was reassigned to the Honorable Frederick P. Horn, Judge, Department C-31. June 12, 2018 The Case Management Conference was held and the matter assigned the present trial date. 3. GOOD CAUSE EXISTS TO ORDER AN UPDATED SESSION OF PLAINTIFF CARLOS MALDONADO'S DEPOSITION Discovery and lawsuits are intended to be “an intensive search for the truth, not a game to be determined in an outcome by considerations of tactics and surprise.” (Greyhound Corporation v. Superior Court, (1961) 56 Cal.2d 355, 377.) Stated further, “[o]ne of the principal purposes of discovery was to do away ‘with the sporting theory of litigation-namely, surprise at the trial.” (/d. at 376 citing Chronicle Pub. Co. v. Super. Ct. (1960) 54 Cal.2d 548, 561.) Additionally, the purpose of discovery is "to enable a party to obtain evidence in the control of his adversary in order to further the efficient, economical disposition of cases according to right and justice of the merits ... Its purpose is not to provide a weapon for punishment, forfeiture and the avoidance of trial on the merits." (Kaplan v. Eldorado Ins. Co. (1976) 55 Cal.App.3d 587, 591.) Defendant anticipates Plaintiff's argument that Medivators' attempt to reopen his deposition is impermissible under California Code of Civil Procedure section 2025.610 (a). However, a party may be deposed more than once in an action either at the consent of the deponent or "for good cause shown, the court may grant leave to take a subsequent deposition." (C.C.P. section 2025.610(b)). Herein, Medivators asserts that there is good cause to allow a brief deposition session on the limited topics of the Plaintiff's medical and psychiatric care and treatment since his deposition was concluded on February 26, 2015, and regarding his current medical, physical and psychiatric condition and his ability to care for himself and engage in any sort of employment. This information is integral to - NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF O R A N G E , C A L I F O R N I A 9 2 8 6 8 - 3 6 7 7 TE L (7 14 ) 6 3 4 - 2 5 2 2 + FA X (7 14 ) 6 3 4 0 6 8 6 W A L S W O R T H O N E C I T Y B O U L E V A R D W E S T , F I F T H F L O O R 4553976.1 4149-33471 S H O W N N O N WD» 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Medivators' preparation of the matter for trial, its experts’ evaluation of Mr. Maldonado to prepare their opinions and the evaluation of the case for settlement discussions and to meaningfully participate in the mandatory settlement conference now set for February 15, 2019. The parties have met and conferred on the issue and it appeared that the Plaintiff was in agreement that such a deposition would be permitted but, to date, in spite of multiple requests, Plaintiff has failed to provide an agreeable date for such a proceeding. In the parties’ meet and confer, Plaintiff is only willing to agree to a two hour deposition, but was open to the possibility that the deposition could continue longer if Mr. Maldonado's health permitted. By this motion, Medivators requests up to four hours to complete the deposition. 4. GOOD CAUSE EXISTS TO PERMIT MEDIVATORS TO OBTAIN UPDATED MEDICAL AND PSYCHIATRIC EXAMINATIONS OF THE PLAINTIFF Plaintiff Carlos Maldonado claims that he has suffered neurological, cardiovascular, respiratory and psychiatric injuries as the result of his claimed exposure at his work. Further, he claims to suffer from major depressive disorder and has had both suicidal ideations and a suicide attempt due to his claimed injuries. To Medivators' knowledge, Mr. Maldonado has not worked since April 2012, due to his asserted injuries. It has now been more than three years since Medivators' experts have had the opportunity to examine and speak with Mr. Maldonado about his current physical and mental status. Medivators now requests that it be permitted to have its experts examine Mr. Maldonado once more so that they may properly evaluate his current condition and limitations, if any. These follow up examinations are critical to Medivators' ability to properly evaluate the merits of this case and to prepare for trial or settlement. The California Civil Discovery statute is intended to accomplish the following. (1) to give a greater assistance to parties in ascertaining the truth and in checking and preventing perjury; (2) to provide an effective means of detecting and exposing false, fraudulent and sham claims or defenses; (3) to make available in a simple, convenient and inexpensive way facts which otherwise would not be proved, except with great difficulty; (4) to educate the parties in advance of trial as to the real value of the claims or defenses, thereby encouraging settlement; (5) to expedite litigation; (6) to safeguard against surprise; (7) to prevent delay; (8) to simplify and narrow the issues; (9) to execute and facilitate preparation of trial. (Crumpton v. Dickstein (1978) 82 Cal.App.3d 166, 169.) [Emphasis added.] 27 NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF O R A N G E , C A L I F O R N I A 9 2 8 6 8 - 3 6 7 7 TE L (7 14 ) 6 3 4 2 5 2 2 + FA X (7 14 ) 6 3 4 - 0 6 8 6 W A L S W O R T H ON E CI TY B OU LE VA RD WE ST , FI FT H FL OO R 4553976.1 4149-33471 Oo 3 A N hn A 10 11 12 13 14 15 16 17 18 19 20 21 22 2% 24 25 26 27 28 Courts have consistently held that the discovery statutes are to be construed broadly so as to uphold fhe right to discovery wherever possible. (Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, superseded by statute on other grounds.) Furthermore, Code of Civil Procedure section 2017.010 permits any party to “obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” California law provides a party the right to request an additional physical examination on the showing of good cause, or by stipulation between the parties. (See, Code of Civil Procedure, sections 2016.030, 2032.310; See also, Shapira v. Superior Court (1990) 224 Cal. App.3d 1249, 1254-1256.) "Good cause" for a court ordered physical examination generally requires showing specific facts justifying discovery and the relevancy of said facts to the subject matter of the action. (Vinson v. Superior Court (1987) 43 Cal.3d 833, 840.) This Court has the power to allow for limited fact discovery and allow for a further examination of Plaintiff pursuant to Code of Civil Procedure section 128, which gives this Court the power to make any order that provides for "the orderly conduct of proceedings before it, or its officers" and "conform to law and justice." By the time trial commences in this matter, it will have been four years since Drs. Szeftel and Michelson will have had the opportunity to see Mr. Maldonado. Without further examinations to provide an updated analysis of Mr. Maldonado's conditions, Defendant has no other way to accurately and appropriately determine Plaintiff's current and future damages in this case. While there has been no settlement demand, an extremely high one is anticipated. Medivators' medical and psychiatric experts must be given the opportunity to examine the nature of Plaintiff's current claimed injuries, and any significant changes to his condition over the past three years. Without an updated examination of Plaintiff, it will be impossible for Defendant to accurately assess Plaintiff's claim as it relates to his injuries and claimed damages and to meaningfully consider potential resolution of this case. Finally, the prejudice to Medivators cannot be overstated. While Plaintiff's experts will certainly enjoy unfettered access to Mr. Maldonado and the current state of his medical and psychiatric condition and care, Medivators' experts have no access. Indeed, Medivators expects that its experts will be soundly cross examined on the very fact that by the time trial commences, they will not have seen Mr. -8- NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF O R A N G E , C A L I F O R N I A 9 2 8 6 8 - 3 6 7 7 TE L (7 14 ) 6 3 4 - 2 5 2 2 + FA X (7 14 ) 6 3 4 - 0 6 8 6 W A L S W O R T H ON E CI TY B OU LE VA RD WE ST , FI FT H FL OO R 4553976.1 4149-3.3471 H W W Oo ©0 3 Y Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 Maldonado for four years and such fact will be solicited by the Plaintiff solely to discredit their opinions and evaluations. That is extremely prejudicial to Medivators and there simply is no reason for the situation to occur. The delay in the matter proceeding to trial is not the fault of either party and neither party should be prejudiced when they acted diligently to pursue proper discovery in this matter. Through no fault of Medivators, the discovery once timely obtained is now stale. Fundamental fairness requires that Medivators' experts be given another opportunity to examine Mr. Maldonado. | | 3, THE COURT CAN ORDER PLAINTIFF TO SIGN THE AUTHORIZATIONS FOR THE RELEASE OF HIS PSYCHIATRIC RECORDS California Code of Civil Procedure section 2017.010 permits any party to "obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” The Court has the inherent power to order Plaintiff to execute the authorizations in this case. In particular, Code of Civil Procedure section 128 provides in relevant part as follows: (a) Every court shall have the power to do all of the following: (1) To preserve and enforce order in its immediate presence. ?) To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority. 3) To provide for the orderly conduct of proceedings before it, or its officers. (5) To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. (6) To compel the attendance of persons to testify in an action or proceeding pending therein, in the cases and manner provided in this code. 9. NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF he 3 8 0259 Tol TEge Thos Oz & a Gab g B38 < 203 ou g 888 58 LB 0 Ie 4553976.1 4149-3.3471 Bo NN S N Lv B W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 pr 26 27 28 (8) To amend and control its process and orders so as to make them conform to law and justice.... Similarly, Code of Civil Procedure section 177 provides in relevant part as follows: Every judicial officer shall have power: 1. To preserve and enforce order in his immediate presence, and in proceedings before him, when he is engaged in the performance of official duty; 2. To compel obedience to his lawful orders as provided in this code; 3. To compel the attendance of persons to testify in a proceeding before him, in the cases and manner provided in this code.... Every court has certain inherent powers which, exercised within reasonable and proper limits, authorizes the court to go beyond its express powers where the interest of justice imperatively demands such a course. (Clark v. Tulare Lake Dredging Co. (1910) 14 Cal. App. 414, 437 [the court’s inherent power extends to an order to allow a party to inspect machinery at issue in the action.] These inherent powers extend to discovery matters. See, e.g., Lumerman v. Dikoff (1962) 203 Cal. App.2d 490, 494 [order permitting a physical examination of the Plaintiff to be performed by a qualified doctor employed by the defense is proper;] cf., Hays v. Superior Court (1940) 16 Cal.2d 260, 264 [even after the enactment of statutes relating to discovery, “the taking of a deposition is one of the proceedings of the court, subject to the control of the court in the exercise of a ‘legal discretion’ in the same manner as other proceedings of the court.”] Asa result, this Court has the authority to order Plaintiff to execute the required authorizations in this case. 6. PLAINTIFF CARLOS MALDONADO'S PSYCHIATRIC RECORDS ARE NOT JUST DISCOVERABLE, THEY ARE RELEVANT TO THE ISSUES IN THE CASE Medivators is entitled to obtain Plaintiff's records relating to the conditions he has intentionally put at issue by the filing of his lawsuit. In Britt v. Superior Court (1978) 20 Cal.3d 844, 864, the Supreme Court held that Plaintiffs “may not withhold information which relates to any physical or mental condition which they have put in issue by bringing [the] lawsuit.” Similarly, in City and County of San Francisco v. Superior Court (1951) 37 Cal.2d 227, 232, the -10- NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF O R A N G E , C A L I F O R N I A 9 2 8 6 8 - 3 6 7 7 TE L (7 14 ) 6 3 4 - 2 5 2 2 « FA X (7 14 ) 6 3 4 - 0 6 8 6 W A L S W O R T H ON E CI TY B OU LE VA RD WE ST , FI FT H FL OO R 4553976.1 4149-3.3471 wv R A W Oo Rr 0 10 11 12 13 14 15 16 17. 18 19 20 21 22 23 24 25 26 27 28 Court specifically found that the Plaintiff waived the patient-physician privilege in bringing a personal injury lawsuit. In reaching its ruling the Court noted: The whole purpose of the privilege is to preclude the humiliation of the patient that might follow disclosure of his ailments. When the patient himself discloses those ailments by bringing an action in which they are in issue, there is no longer any reason for the privilege. The patient-litigant exception precludes one who has placed in issue his physical condition from invoking the privilege on the ground that disclosure of his condition would cause him humiliation. He cannot have his cake and eat it too. Id. at 232; see also, Slagle v. Superior Court (1989) 211 Cal. App.3d 1309,1313 (Plaintiff waives privilege when patient tenders issue of his physical health if he files an action for personal injuries); Southern California Gas Company v. Public Utilities Commission (1984) 37 Cal.3d 591, 606 (waiver is implied when the entity seeking to discover privileged information by demonstrating that the client has put the otherwise privileged communication directly at issue and that the disclosure is essential for a fair adjudication of the case). Here, Mr. Maldonado has intentionally placed his psychiatric condition at issue by filing his lawsuit and alleging that as a result of his exposure to Medivators' product at issue, he sustained "significant injury to his health and person, including neurological, cardiovascular, respiratory and mental injuries." Similarly, in written discovery, he claims among his injuries, major depressive disorder, suicidal thoughts, and suicidal attempt. Unless there has been some change, Medivators understands that these are still being claimed. And as such, Medivators is permitted to conduct proper discovery regarding these for the same reasons that it seeks an updated deposition session and updated medical and psychiatric evaluations. There seems to be no reason that this should be an issue as Mr. Maldonado previously provided his written authorization for the release of these records but that authorization is now expired. Medivators has no way to obtain the updated psychiatric records without an authorization or an order of this Court. Though Medivators has met and conferred and informally requested the signed authorization, Plaintiff has failed to cooperate. Medivators must be permitted an unfettered opportunity to complete its legitimate discovery. Where it can obtain no cooperation of the Plaintiff, it has no option but to seek the assistance of this Court. It is respectfully requested that -11- NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF O R A N G E , C A L I F O R N I A © 2 8 6 8 - 3 6 7 7 TE L (7 14 ) 6 3 4 - 2 5 2 2 + FA X (7 14 ) 8 3 4 0 6 8 6 W A L S W O R T H ON E CI TY B OU LE VA RD WE ST , FI FT H FL OO R 4553976.1 4149-33471 N N n h W N oo 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 this Court order Mr. Maldonado to forthwith execute the appropriate authorizations for the release of his psychiatric records in the possession of Drs. Sones and Friedman. Ts CONCLUSION Based on the forgoing, Medivators respectfully requests that the Court order as follows: 1. That Medivators be permitted to take a further session of the Plaintiff Carlos Maldonado's deposition (not to exceed 4 hours) to obtain updated information on the Plaintiff's medical and physical condition and claims and employment status since his last deposition session which occurred on February 26, 2015; | 2. That Medivators be permitted to conduct an updated independent medical examination of the Plaintiff Carlos Maldonado with its retained expert pulmonologist Alan Szeftel, M.D. to obtain updated information on the Plaintiff's medical and physical condition and claims and ability to be employed since his examination of May 27, 2015; 3, That Medivators be permitted to conduct an updated independent medical examination of the Plaintiff Carlos Maldonado with its retained expert psychiatrist Alex D. Michelson, M.D. to obtain updated information on the Plaintiff's psychiatric condition and claims and ability to be employed since his examination of May 19, 2015; 4. That Medivators be permitted to obtain updated medical and psychiatric records from the treating psychiatric health care providers of the Plaintiff Carlos Maldonado, Friedman Psychiatric Medical Group and David Sones, M.D. and that Plaintiff be required to cooperate in signing the necessary authorizations to permit Medivators to obtain updated psychiatric records from these two providers regarding the Plaintiff's psychiatric care and treatment, condition, claims and ability to be employed since these records werepriginally obtajned in 2014. Dated: August 28,2018 WEBM P By: : M. LUETT AMRIT K. DHALIWAL Attorneys for Defendant MEDIVATORS, INC. 19 NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF O R A N G E , C A L I F O R N I A 9 2 8 6 8 - 3 6 7 7 TE L (7 14 ) 6 3 4 - 2 5 2 2 « FA X (7 14 ) 6 3 4 0 6 8 6 W A L S W O R T H ON E CI TY B OU LE VA RD WE ST , FI FT H FL OO R 4553976.1 4149-3.3471 $a ~~ Y Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF HELEN M. LUETTO I, Helen M. Luetto, declare as follows: 1. I am an attorney duly admitted to practice before this Court. I am a partner with WEBM, LLP, attorneys of record for Medivators, Inc. Ihave personal knowledge of the facts set forth herein, except as to those stated on information and belief and, as to those, I am informed and believe them to be true. If called as a witness, I could and would competently testify to the matters stated herein. I make this declaration in support of Medivators' motion for an order permitting it to conduct additional updated discovery. Zs Based on my review of the file in this matter, the following is a chronology of the facts relevant to the present motion. These are offered to provide the Court with an accurate timeline of the pertinent details. 2004 to April of 2012 Plaintiff Carlos Maldonado employed in the gastroenterology department of Placentia Linda Hospital where he asserts he was exposed to Rapicide High Level Disinfectant and Sterilant. October 22, 2013 Plaintiff Carlos Maldonado filed his Complaint against Medivators : ~ asserting causes of action for strict liability, negligence and breach of express and implied warranties. January 5, 2015 Plaintiff Carlos Maldonado executes authorization for release of his psychiatric medical records from treating doctors David Sones, M.D. and Friedman Psychiatric Medical Group. The authorizations are limited duration of 90 days. February 2015 Pursuant to the signed authorization, Medivators obtains Plaintiff Carlos Maldonado's psychiatric medical records from treating doctors David Sones, M.D. and Friedman Psychiatric Medical Group. February 26, 2015 Plaintiff Carlos Maldonado's deposition was concluded. May 1, 2015 Plaintiff Carlos Maldonado's treating psychiatric Dr. Friedman was deposed and he produced further psychiatric records regarding the Plaintiff. May 19, 2015 Plaintiff Carlos Maldonado undergoes psychiatric evaluation and consultation with Medivators' retained clinical and psychiatry expert Alex D. Michelson, M.D. May 27, 2015 Plaintiff Carlos Maldonado undergoes medical examination and -13- NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF O R A N G E , C A L I F O R N I A 8 2 8 6 8 - 3 6 7 7 TE L (7 14 ) 6 3 4 2 5 2 2 + FA X (7 14 ) 6 3 4 - 0 6 8 6 W A L S W O R T H ON E CI TY B OU LE VA RD WE ST , FI FT H FL OO R 4553976.1 4149-33471 0 3 S N nn Bs W N \O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 evaluation with Medivators' pulmonary medicine expert Alan Szeftel, M.D. June 1, 2015 Hearing on Medivators' motion for summary judgment, taken under submission. June 3, 2015 Medivators' motion for summary judgment was granted. July 15, 2015 Judgment was entered in favor of Medivators, Inc. September 21, 2015 Plaintiff Carlos Maldonado filed the notice of appeal of the judgment in favor of Medivators. June 27, 2017 The Court of Appeal issued its opinion reversing the judgment in favor of Medivators and remanding the matter back to the trial court. September 6, 2017 The matter was reassigned to the Honorable Glen R. Salter, Judge, Department C-22. Plaintiff filed a peremptory challenge to the assignment. November 29, 2017 The matter was reassigned to the Honorable Frederick P. Horn, Judge, Department C-31. June 12, 2018 The Case Management Conference was held and the matter assigned the present trial date. 3. On June 12, 2018, at the Case Management Conference, I spoke with Plaintiff's counsel Roger Gordon about the case and about Medivators' need to take an updated deposition of Mr. Maldonado. 4. On the same day, my partner Lisa Rice who had previously spoken with Mr. Gordon about a possible mediation of the matter, emailed about taking Mr. Maldonado's deposition. In response to the email, a response was provided that Medivators "is not entitled to re-depose Plaintiff" but that his counsel would be willing to meet and confer regarding a limited deposition on Mr. Maldonado's current medical complaints/condition. A true and correct copy of the email exchange is attached hereto as Exhibit A. 5. Pursuant to the email exchange, we scheduled a telephonic meet and confer call to occur on July 3, 2018. On that day, Ms. Rice and I called and spoke with Plaintiff's counsel Vincent Bennett. During the conversation, we discussed a limited deposition of Mr. Maldonado to obtain an update about his current employment, medical and psychiatric condition and any out of -14- NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF O R A N G E , C A L I F O R N I A 9 2 8 6 8 3 6 7 7 TE L (7 14 ) 6 3 4 2 5 2 2 » FA X (7 14 ) 6 3 4 - 0 6 8 6 W A L S W O R T H ON E CI TY B OU LE VA RD WE ST , FI FT H FL OO R 4553976.1 4149-3.3471 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Fi 26 2 28 pocket expenses. We suggested that it would not take more than four hours and that we would like to take it within the next 60 days. Mr. Bennett did not appear to have any stated opposition to the deposition as suggested. 0. In the same call, we also addressed the issue of Medivators' request for follow up medical and psychiatric examinations of Mr. Maldonado by Medivators' experts Alan Szeftel M.D. and Alex Michelson, M.D. We offered to discuss parameters for these suggested examinations and we discussed the reason for these. Mr. Bennett did not agree to permit these but requested that we reduce the matters discussed in our telephone conference to a writing. Attached hereto as Exhibit B is a true and correct copy of the letter sent to Mr. Bennett following up on our phone conference regarding the requested further deposition and medical and psychiatric examinations. 7s Having heard nothing from Mr. Bennett in response to our call and letter, on July 18, 2018, I emailed Mr. Bennett to follow up. A true and correct copy of the email is attached hereto as Exhibit C. As of the date of this declaration, I have received no response from Plaintiff's counsel regarding these requests. 8. On July 23, 2018, I wrote to Mr. Bennett to request that the Plaintiff sign authorizations for the release of his psychiatric records from Dr. Friedman and Dr. Sones so that Medivators could obtain updated psychiatric records. This was sent following our receipt of the Plaintiff's objection to my office's subpoena for these updated records. A true and correct copy of my letter to Mr. Bennett is attached as Exhibit D. 9. On July 30, 2018, I received an email from Plaintiff's counsel's office indicating that with respect to Mr. Maldonado's deposition, Mr. Maldonado's counsel "will agree to 2 hours and it will only be about Plaintiff's current medical status and his physical condition." A true and correct copy of that email is attached as Exhibit E. 10. On July 31, 2018, I wrote to Mr. Bennett seeking to clarify issues raised by his office email regarding the deposition requested as well as the medical examinations. I also requested that Mr. Maldonado execute the requested authorizations for release of his psychiatric records. A true and correct copy of this letter is attached as Exhibit F. -15- NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF O R A N G E , C A L I F O R N I A 9 2 8 6 8 3 6 7 7 TE L (7 14 ) 6 3 4 - 2 5 2 2 + FA X (7 14 ) 6 3 4 - 0 6 8 6 W A L S W O R T H ON E CI TY B OU LE VA RD WE ST , FI FT H FL OO R 4553976.1 4149-33471 11. Inresponse to my letter of July 31, 2018, on the same day, I received a call from Mr. Bennet's office from his assistant who advised that Mr. Bennett was in another trial and would respond the following week when he was done. 12. Iemailed Mr. Bennett on August 8, 2018, to follow up on the subject discovery. A true and correct copy of this email is attached hereto as Exhibit G. 13. On August 15, 2018, I spoke with Plaintiff's counsel regarding the subject of this motion. In the call, Mr. Bennett agreed to permit the deposition of Mr. Maldonado for up to two hours and perhaps more, depending on his health. Mr. Bennett was to produce dates for the deposition but, to date, in spite of my letter of August 16, 2018, and a follow up email of August 24,2018, no dates have been provided. These are collectively attached as Exhibit H. 14. Further, though Plaintiff's counsel agreed to have his client sign the authorizations, these have not yet been provided. The records of Plaintiff's treating psychiatrists are necessary in order to allow for a useful psychiatric examination, to which Mr. Bennett also agreed in our call. 15. While Mr. Bennett agreed to permit an updated medical and psychiatric examination of Mr. Maldonado with defense experts, these issues are raised in the motion only in an abundance of caution and the parties may not actually require the Court's assistance if Plaintiff voluntarily cooperates as agreed by his counsel 16. Attached hereto as Exhibit I is a true and correct copy of a letter from Plaintiff's counsel dated January 6, 2015, enclosing signed authorizations for the release of these psychiatric records. These authorizations expired by their own terms within 90 days. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed August 28, 2018, at Orange, Califpfnjé wed -16- NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF EXHIBIT A Helen M. Luetto From: Lisa Rice Sent: Thursday, June 14, 2018 10:46 AM To: ~ Helen M. Luetto Subject: Fwd: Maldonado v. Medivators - plaintiff's settlement demand and mediation Attachments: image001.jpg; image002. jpg; image003.jpg FYI Begin forwarded message: From: Patricia Alamina Date: June 14, 2018 at 11:35:33 AM MDT To: Lisa Rice , Roger Gordon Cc: Roger Gordon , "Vincent F. Bennett" Subject: RE: Maldonado v. Medivators - plaintiff's settlement demand and mediation Dear Ms. Rice, As per the attorneys, Defendant is not entitled to re-depose plaintiff as his deposition was already taken and completed. However, we would be willing to meet and confer with regard to CHIE a limited deposition on his current medical complaints/condition. Patricia Alamina Legal Secretary/Paralegal GORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEIN 3580 Wilshire Blvd. Suite 1800 Los Angeles, CA 90010 Direct Dial: (213)368-8332 patricia@geklaw.com GORDON EDELSTEIN KREPACK GRANT FELTON & GOLDSTEIN CONFIDENTIALITY NOTICE: This e-mail and the documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individuals or entities named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this e-mailed information is strictly prohibited. If you have received this e-mail in error, please immediately nofify the sender by e-mail at the address above. The transmission is to be deleted and any items that may have been printed are to be destroyed. Thank you for your compliance. ’ [= GEKLAW Facebook GEKLAW LinkedIn GEKLAW YouTube From: Lisa Rice [mailto:Irice@wfbm.com] Sent: Tuesday, June 12, 2018 11:14 AM To: Roger Gordon Cc: Patricia Alamina : Subject: RE: Maldonado v. Medivators - plaintiff's settlement demand and mediation Hi Roger, Just following up on the below as | haven't heard back from you. Now that we have a trial date, we will need dates for your client’s deposition. If your client is interested in mediation, | will need a demand and updated info on Mr. Maldonado’s condition/damages. I'm traveling on business this week but am available next week if you wish to discuss further. Thanks, Lisa Lisa M. Rice Partner T (714) 634-2522 ext. 3358 E Irice@wfbm.com WALSWORTH wesm, ee WFBM.COM From: Lisa Rice Sent: Tuesday, May 29, 2018 4:12 PM To: 'RLG@geklaw.com' Subject: Maldonado v. Medivators - plaintiff's settlement demand and mediation Dear Roger: It was a pleasure speaking with you last week. Per our discussion, you agreed to provide plaintiff's settlement demand and WC lien information to defendant. We also discussed the possibility of mediation. In addition to the mediators you proposed, we would suggest: Troy Roe Jeff Krivis Please let me know your thoughts. | look forward to hearing from you. Kind regards, Lisa Lisa M. Rice Partner T (714) 634-2522 ext. 3358 E lrice@wfbm.com WALSWORTH wesw, wp One City Boulevard West, Fifth Floor Orange; CA 92868 WFBML.COM Disclaimer “This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret. If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this message, or files associated with this message, is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. Messages sent to and from us may be monitored. , Internet communications cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. Therefore, we do not accept responsibility for any errors or omissions that are present in this message, or any attachment, that have arisen as a result of e- ‘mail transmission. If verification is required, please request a hard-copy version. Any views or opinions presented are solely those of the author and do not necessarily represent those of the company.” EXHIBIT B WALSWORTH WEBM, Lp Helen M. Luetto Attorney at Law T (7 14) 634-2522 F (714) 634-0686 E hluetto@wfbm.com July 5,2018 VIA E-MAIL AND U.S. MAIL Vincent Bennett, Esq. Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP 3580 Wilshire Blvd., Suite 1800 Los Angeles, California 90010 E-Mail: Vincent@geklaw.com RE Case Name: Carlos Maldonado vs. Medivators, Inc, et al. Orange County Superior Court, Case No.: 30-2013-00682880-CU-PL- LCC Our Client: Medivators, Inc. Claim No: 040514008439 Our File No.: 4149-3.3471 Dear Mr. Bennett: It was a pleasure speaking with you on Tuesday, July 3, 2018, about the above referenced matter. Please allow this correspondence to recap the discussions during our call pursuant to your request that we make our requests in writing. Deposition of Plaintiff Carlos Maldonado As we discussed, Medivators requests the opportunity to take a limited deposition of your client Carlos Maldonado. The purpose of this deposition is to obtain an update regarding his current medical and employment status, care and treatment, current psychiatric claims, if any, and any out of pocket expense claims. We expect that this would be a very limited examination calculated to update the plaintiff's status since his last deposition in February 2015. We do not anticipate that it would take more than four (4) hours. We would like to take this deposition in the next approximately sixty (60) days. If this is agreeable, kindly provide us with some agreeable dates so that we may schedule this at our mutual convenience. 45318921 4149-33471 WFBM.COM / One City Boulevard West, Fifth Floor, Orange, California 92868-3677 Vincent Bennett, Esq. July 5,2018 Follow Up IMEs of the Plaintiff Carlos Maldonado As you know, Mr. Maldonado underwent two IMEs in this case, one with retained allergy and pulmonary disease expert Alan Szeftel, M.D. (May 27, 2015) and one with clinical and forensic psychiatrist Alex D. Michelson, M.D. (May 19, 2015). It has been over three years since Mr. Maldonado was examined by these experts and trial is set for March of 2019. By the time of the trial in this matter, it will have been nearly four years since Medivators' experts had the opportunity to examine Mr. Maldonado. As such, Medivators seeks the opportunity to have a limited follow-up examination of Mr. Maldonado by its experts for precisely the same reason it seeks a follow up session of his deposition, namely, to obtain an update as to his current medical and psychiatric conditions and to allow its experts the opportunity to evaluate these. We certainly can work to establish some detailed parameters regarding these examinations. Please let us know if you are agreeable to this and any particular details of concern. Similarly, if plaintiff is unwilling to stipulate to these limited follow up examinations, kindly advise and we will simply file our motion. Mediation and Selection of Mediator We also discussed a follow up to our communications with your partner Roger Gordon. In recent communications, Mr. Gordon seemed agreeable to attending a private mediation in this matter. To that end, we requested that he provide us with the names of some agreeable potential mediators and a settlement demand. We understand that you were not aware of these discussions and we will communicate with Mr. Gordon as well but would request that you please communicate with him regarding our request for a demand and mediators for this matter. If we are to mediate, it obviously makes sense for us to do this sooner rather than later. We would like to schedule a mediation shortly after we have had the opportunity to depose Mr. Maldonado. Thank you for the opportunity to speak with you on these issues and for your anticipated cooperation and professional courtesy. We look forward to hearing from you shortly. Very truly yours, Helen M. Luetto WEFBM, LLP HMLPC cc: Lisa M. Rice 4531892.1 4149-3.3471 WALSWORTH WFBM, LLP / WFBM.COM / One City Boulevard West, Fifth Floor, Orange, California 92868-3677 2 EXHIBIT C Helen M. Luetto one EE RR 3% ERT From: Helen M. Luetto Sent: Wednesday, July 18, 2018 8:46 AM To: ‘Vincent F. Bennett’ Cc: Lisa Rice; Michelle Gardner; Patricia Alamina; Helen M. Luetto; Peri Clark Subject: RE: Carlos Maldonado v. Medivators, Inc, et al. - July 5, 2018 Correspondence . Attachments: Medivators.Maldonado - 7.5.pdf Good morning, Mr. Bennett: We were following up on our letter of July 5, 2018, regarding our request for follow up deposition and IME of Mr. Maldonado. We have received no response to this letter which you requested during our telephone call. Please provide us with agreeable dates for the deposition and advise of plaintiff's positon regarding the follow up medical exams. Also, if the plaintiff is interested in a mediation as discussed, please advise of some agreeable mediators so that we may get something scheduled. May we please have the courtesy of a reply by the end of the week? Thank you for your professional courtesy. | Kind regards, Helen Helen M. Lustto Partner T (714) 634-2522 ext. 3317 E hluetto@wfbm.com WALSWORTH wrem, Lee WFBM.COM From: Vincent F. Bennett [mailto:Vincent@geklaw.com] Sent: Thursday, July 05, 2018 3:09 PM To: Peri Clark Cc: Helen M. Luetto; Lisa Rice; Michelle Gardner; Patricia Alamina Subject: RE: Carlos Maldonado v. Medivators, Inc., et al. - July 5, 2018 Correspondence Thank you for the letter. In the future, kindly copy my legal assistant Patricia (Patricia@geklaw.com) on all email correspondence. tx Sent: Thursday, July 05, 2018 2:47 PM To: Vincent F. Bennett Cc: Helen M. Luetto; Lisa Rice; Michelle Gardner; Peri Clark Subject: Carlos Maldonado v. Medivators, Inc., et.al. - July 5, 2018 Correspondence Attached please find Helen M. Luetto’s July 5, 2018 correspondence regarding the above-referenced matter. 1 Thank you. Peri Clark Legal Assistant T (714) 634-2522 ext. 3323 E pclark@wfom.com WALSWORTH wram, ue One City Boulevard West, Fifth Floor Orange, CA 92868 WFBM.COM Disclaimer “This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret. If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this message, or files associated with this message, is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the Higssage and deleting it from your computer. Messages sent to and from us may be monitored. Internet communications cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. Therefore, we do not accept responsibility for any errors or omissions that are present in this message, or any attachment, that have arisen as a result of e-mail transmission. If verification is required, please request a hard-copy version. Any views or opinions presented are solely those of the author and do not necessarily represent those of the company.” EXHIBIT D WALSWORTH WFBM, ue Helen M. Luetto Attorney at Law T (714) 634-2522 F (714) 634-0686 E hiuetto@wfbm.com July 23,2018 VIA E-MAIL AND U.S. MAIL CORRECTED ENCLOSURES Vincent Bennett, Esq. Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP 3580 Wilshire Blvd., Suite 1800 Los Angeles, California 90010 E-Mail: Vincent@geklaw.com RE Case Name: Carlos Maldonado vs. Medivators, Inc, et al. Orange County Superior Court, Case No.: 30-2013-00682880-CU-PL-CJC Our Client: Medivators, Inc. Claim No: 040514008439 " Qur File No.: 4149-3.3471 Dear Mr. Bennett: We are in receipt of your objection to the subpoena of Medivators, Inc. for the updated medical records and billings of Mr. Maldonado for his treatment by Dr. Friedman. The records sought are only to update Mr. Maldonado’s care since receipt of the last records. As such, we sought limited records from April 2015 to the present. As we understand that Mr. Maldonado’s psychiatric issues remain at issue in the case, these materials would be discoverable. Please advise what exactly your objections are as we cannot tell based on the written objection served. We are happy to work with you regarding these. Enclosed herewith is an updated authorization for the release of these records. Also enclosed is an authorization for the records of Dr. Sones. Would you kindly have the authorizations executed so that we may obtain these records. 4550656. 1 4149-3.3471 WFBM.COM / One City Boulevard West, Fifth Floor, Orange, California 92868-3677 Vincent Bennett, Esq. July 23,2018 Thank you for your professional courtesy. Very truly yours, Helen M. Luetto WFBM, LLP HML:PC ENCLS 4550656.1 4149-33471 WALSWORTH WFBM, LLP / WFBM.COM / One City Boulevard West, Fifth Floor, Orange, California 92868-3677 AUTHORIZATION FOR RELEASE OF INFORMATION Patient Information: Carlos Maldonado AKA’s (if any) (PRINT name of patient) DOB:___ 4/13/1996 SS#: 604-14-0528 Facility Medical Record Number (if known): Information to be released from: David Sones, M.D. Name of designated Facility or Provider 11980 San Vicente Blvd., Suite 701 Facility/Provider Address Los Angeles, CA 90049 (310) 207-2006 City, State, Zip Code Phone Number Information to be released to: Walsworth, Franklin, Bevins & McCall, LL.C Requestor’s Name and Company if applicable, and Address 1 City Blvd. W., 5" Floor, Orange, CA 92868 (and/or their authorized representatives or other person designated by them, including but not limited to attorneys, secretaries, paralegals, investigators, adjusters and doctors). Representative/Copy Service: Titan Legal Services, Inc. - 19700 Vermont Avenue, Suite 225 Torrance, CA 90504 (310) 464-8655 (Company name and address) Information to be released: XAIll medical records and Date of Injury: 0 Specific medical information (i.e.,chart notes, labs, x-rays, billing records and special . tests.) Please specify: 0 All employment records (i.e., payroll, educational, or job training.) Please specify: oO All insurance records (i.e., applications, policies, payment records). Please specify: 0 All police records (i.e., reports, arrest records, jail/prison records, probation records. Please specify: Purpose of disclosure: Litigation Patient Authorization: I understand that my records may contain information regarding the diagnosis or treatment of HIV/AIDS, sexually transmitted diseases, drug and/or alcohol abuse, mental illness, or psychiatric treatment. I give my specific authorization for these records to be released. I understand that this consent includes the disclosure of: (PLEASE INITIAL): Drug/Alcohol abuse/treatment & diagnosis Sexually Transmitted Disease HIV/AIDS diagnosis/treatment & testing X Mental Iliness of Psychiatric diagnosis/treatment I do hereby give my consent for release of any and all insurance records including applications, policies and or payment records. Treatment, payment enrollment or eligibility for benefits may not be conditioned on signing this authorization except if the authorization is for: 1) conducting research-related treatment, 2) to obtain information in connection with eligibility or enrollment in a health plan, 3) to determine an entity’s obligation to pay a claim, or 4) to create health information to provide to a third party. I also give my approval for release of any and all employment, payroll, educational, or job training records as my be deemed necessary by my legal representatives. As well, I approve the release of all police reports/records, arrest records, jail/prison records, and probation reports/records. This document covers information or material whose disclosure would, but for this waiver, be prohibited by state or federal statutes or regulations. My Rights: This authorization is pursuant to the Confidentiality of Medical Information Act of 1980, California Civil Codes, sections 56-56.37, and the California Evidence Code Section 1158. The person signing this authorization has a right to receive a copy hereof, and a reproduced copy of this authorization shall be as valid as the original. This authorization is in force from the date of signature herein due to the nature, duration, and extent of this case. This authorization applies to all records both prior to, and after the date of signature. I understand this consent may be modified by myself or representing attorney at any time and the consent may be revoked in writing at any time with the exception to the extent that disclosure of information has already occurred prior to the receipt of revocation by the above named provider. If written revocation is not received, authorization will be considered valid for a period of time not to exceed 90 days from the date of signing. To initiate revocation of this authorization direct all correspondence to the “Designated Recipient” above. ‘If this consent is being sent to a medical provider, the provider cannot condition treatment on signing of this consent unless the treatment is research-related. I also understand that there is a chance that once my records are disclosed to others that they could be re- disclosed to individuals or organizations not subject to HIPAA, and therefore, may no longer be protected by HIPAA. SIGNATURE: (Patient, Guardian*®, or Authorized Representative®) *Please provide documents to prove authority to sign on behalf of the patient. DATE: AUTHORIZATION FOR RELEASE OF INFORMATION Patient Information: Carlos Maldonado AKA’s (if any) (PRINT name of patient) DOB: 4/13/1966 SS#: 604-14-0528 Facility Medical Record Number (if known): Information to be released from: Friedman Psychiatric Medical Clinic Name of designated Facility or Provider 5769 Uplander Way Facility/Provider Address Culver City, CA 90230 (310) 337-9800 City, State, Zip Code Phone Number Information to be released to: Walsworth, Franklin, Bevins & McCall, LL.C Requestor’s Name and Company if applicable, and Address 1 City Blvd. W., 5" Floor, Orange, CA 92868 (and/or their authorized representatives or other person designated by them, including but not limited to attorneys, secretaries, paralegals, investigators, adjusters and doctors). Representative/Copy Service: Titan Legal Services, Inc. - 19700 Vermont Avenue, Suite 225 Torrance, CA 90504 (310) 464-8655 (Company name and address) Information to be released: X All Medical/Billing Records Dates of Records Requested: 2002 to Present X Specific Medical Information (i.e.,chart notes, labs, x-rays, billing records and special tests.) Please specify: Any/all records relating to psychiatric/psychological treatment, counseling, diagnosis, etc. for dates 1/1/2012 to present o All employment records (i.e., payroll, educational, or job training.) Please specify: X All insurance records (i.e., applications, policies, payment records). ~ Please specify: _relating to treatment/dates above 0 All police records (i.e., reports, arrest records, jail/prison records, probation records. Please specify: Purpose of disclosure: Litigation 2999563.1 4149-3.3471 Patient Authorization: I understand that my records may contain information regarding the diagnosis or treatment of HIV/AIDS, sexually transmitted diseases, drug and/or alcohol abuse, mental illness, or psychiatric treatment. I give my specific authorization for these records to be released. I understand that this consent includes the disclosure of: (PLEASE INITIAL): Drug/Alcohol abuse/treatment & diagnosis Sexually Transmitted Disease HIV/AIDS diagnosis/treatment & testing X Mental Iliness of Psychiatric diagnosis/treatment I do hereby give my consent for release of any and all insurance records including applications, policies and or payment records. Treatment, payment enrollment or eligibility for benefits may not be conditioned on signing this authorization except if the authorization is for: 1) conducting research-related treatment, 2) to obtain information in connection with eligibility or enrollment in a health plan, 3) to determine an entity’s obligation to pay a claim, or 4) to create health information to provide to a third party. I also give my approval for release of any and all employment, payroll, educational, or job training records as my be deemed necessary by my legal representatives. As well, I approve the release of all police reports/records, arrest records, jail/prison records, and probation reports/records. This document covers information or material whose disclosure would, but for this waiver, be prohibited by state or federal statutes or regulations. My Rights: This authorization is pursuant to the Confidentiality of Medical Information Act of 1980, California Civil Codes, sections 56-56.37, and the California Evidence Code Section 1158. The person signing this authorization has a right to receive a copy hereof, and a reproduced copy of this authorization shall be as valid as the original. This authorization is in force from the date of signature herein due to the nature, duration, and extent of this case. This authorization applies to all records both prior to, and after the date of signature. I understand this consent may be modified by myself or representing attorney at any time and the consent may be revoked in writing at any time with the exception to the extent that disclosure of information has already occurred prior to the receipt of revocation by the above named provider. If written revocation is not received, authorization will be considered valid for a period of time not to exceed 90 days from the date of signing. To initiate revocation of this authorization direct all correspondence to the “Designated Recipient” above. If this consent is being sent to a medical provider, the provider cannot condition treatment on signing of this consent unless the treatment is research-related. I also understand that there is a chance that once my records are disclosed to others that they could be re- disclosed to individuals or organizations not subject to HIPAA, and therefore, may no longer be protected by HIPAA. 29995631 4149-3.3471 SIGNATURE: (Patient, Guardian*, or Authorized Representative*)*Please provide documents to prove authority to sign on behalf of the patient. DATE: 2999563.1 4149-33471 EXHIBIT E Helen M. Luetto SE AC NS 7 From: Patricia Alamina Sent: Monday, July 30, 2018 3:19 PM To: Helen M. Luetto Cc: Peri Clark Subject: Carlos Maldonado v. Medivators, Inc, et al. | am sending this email on behalf of Mr. Bennett who is getting ready to start a federal trial. He wanted me to let you know that with respect to the deposition of plaintiff, he will agree to 2 hours and it will only b be about plaintiff's current medical status and his physical conditions. Patricia Alamina Legal Secretary/Paralegal GORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEIN 3580 Wilshire Blvd. Suite 1800 Los Angeles, CA 90010 Direct Dial: (213)368-8332 patricia@geklaw.com GORDON EDELSTEIN KREPACK GRANT FELTON & GOLDSTEIN CONFIDENTIALITY NOTICE: This e-mail and the documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individuals or entities named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this e-mailed information is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by e-mail at the address above. The transmission is to be deleted and any items that may have been printed are to be destroyed. Thank you for your compliance. | GEKLAW Facebook il4} GEKLAW Linkedin %i GEKLAW YouTube EXHIBIT F Peri Clark From: Peri Clark Sent: Tuesday, July 31, 2018 2:44 PM To: "Vincent F. Bennett’; 'Patricia@geklaw.com’ Cc: Helen M. Luetto; Peri Clark Subject: Maldonado v. Medivators, Inc, et al. Attachments: Medivators.Maldonado - 7.31.18 [tr to pltf_s counsel re update discovery.PDF Attached please find our July 31, 2018 correspondence. Peri Clark Legal Assistant T (714) 634-2522 ext. 3323 E pclark@wfbm.com WALSWORTH wesw, up One City Boulevard West, Fifth Floor Orange, CA 92868 WEFBM.COM / Los Angeles Orange County San Francisco WALSWORTH WFBM, ue Helen M. Luetto Attorney at Law T (714) 634-2522 Fo (714) 634-0686 E hluetto@wfbm.com July 31,2018 VIA E-MAIL AND 1.8, MAIL Vincent Bennett, Esq. Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP. : 3580 Wilshire Blvd., Suite 1800 Los Angeles, California 90010 E-Mail: Vincent@geklaw.com RE Case Name: Carlos Maldonado vs. Medivators, Inc, et dl, Orange County Superior Court, Case No.: 30-2013-00682880-CU-PL-CJC Our Client: Medivators, Inc. Claim No: 040514008439 Our File No.: 4149-3.3471 Dear Mr. Bennet: Please-allow-this-letter-to-follow-our-recent-call-as-well as the-email from your- office. Updated Deposition of Mr. Maldonado We are in receipt of your message that “with respect to the deposition of plaintiff, [you] will agree to 2 hours and it will only be about plaintiff's current medical status and his physical conditions.” While we certainly appreciate your cooperation, we do have concerns that that will unduly restrict our ability to fully and fairly obtain information about Mr. Maldonado’s current condition and how he has progressed/declined over the past 3 years, what health care providers he has seen, medications prescribed, damages, what he can/cannot do, etc. When we spoke on the phone some time ago, we advised that we believed that this deposition would take no more than 4 hours, That time estimate was made not as a random number from which we sought to begin negotiations, but, rather, as a genuine and good faith evaluation of the time 4560318. 1 4149-3.3471 WFBM.COM / One City Boulevard West, Fifth Floor, Orange, California 92868-3677 Vincent Bennett, Esq. July 31, 2018 needed to depose Mr. Maldonado. Certainly, depending on his answers, it may be shorter. If his condition does not permit him to sit for a four hour period, we certainly can depose him in shorter intervals to accommodate his condition. _ As for the portion of your message “and it will only be about plaintiff's current medical status and his physical conditions,” we seek some clarity. Are you saying that Medivators will not be permitted to address anything other than that? As mentioned above, the progression or decline of Mr. Maldonado's condition over the past 3 years is important as is the treatment which he has undertaken and received. Further, if his damages claimed have changed, we need to inquire regarding that as well as his employment status and ability to undertake any employment. Further, the message only references “physical conditions.” If the plaintiff is still making a claim for damages related to any psychiatric conditions including but not limited to depression, suicidal thoughts or attempts, we request the opportunity to address these conditions with him including the progression or resolution of these conditions, treatment received and medications prescribed. Medical and Psychiatric Examinations of Mr. Maldonado - As you requested, following our call of July 3, 2018, you requested that we make our requests in writing which we did by letter of July 5, 2018, a copy of which is included herewith. To date, in spite of our emailed reminder, we have not had any response to the request for updated independent medical and psychiatric examinations with Drs. Szeftel and Michelson. Please let us know if plaintiff will agree to undergo updated examinations. If not, please advise and we will simply make the request to the Court. It is extremely prejudicial to Medivators to proceed to a trial where the medical examinations occurred more than 3 years earlier. In fact, by the time of the trial in this matter, it will have been nearly four years since these experts examined Mr. Maldonado. Certainly, you would agree that-Medivators-is-entitled-to-update-these— examinations to prepare for trial in this matter. Updated Psychiatric Records ~ Further to Mr. Maldonado’s objection to our attempts to obtain updated psychiatric records from Drs. Friedman and Sones, we forwarded to you the new authorizations for release of these materials. We expect that plaintiff will have no objection to executing these new authorizations since he signed the original ones. If he has seen any different psychiatric provider, we would appreciate receiving that information so that we may provide you with an authorization for the release of those records as well. Thank you for your cooperation regarding these. As the trial date is just over seven months away, we would like to obtain this information in the very near future. Please let us know how you would like to proceed with these issues. If we 4560318.1 4149-3.3471 WALSWORTH WEFEM, LLP / WFBM.COM / One City Boulevard West, Fifth Floor, Orange, California 92868-3677 2 Vincent Bennett, Esq. July 31,2018 need to obtain the Courts assistance on any of this, kindly advise and we will proceed in that direction. However, we appreciate your professional courtesy and are hopeful that we can resolve these issues informally. Very truly yours, Helen M. Luetto WFBM, LLP HMLPC ENCL 4560318.1 4149-3.3471 WALSWORTH WM, LLP / WFBM.COM / One City Boulevard West, Fifth Floor, Orange, California 92868-3677 / WALSWORTH WF BM, up Helen M, Luetto Attorney at Law T (714) 634-2522 Fo (714) 634-0686 ££ hluetto@wfbm.com July 5,2018 VIA E-MAIL AND US, MAIL Vincent Bennett, Esq. Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP 3580 Wilshire Blvd., Suite 1800 Los Angeles, California 90010 E-Mail: Vincent@geklaw.com RE Case Name: Carlos Maldonado vs. Medivators, Inc, et al. Orange County Superior Court, Case No.: 30-2013-00682880-CU-PL-CJC Our Client: Medivators, Inc. Claim No: 040514008439 Qur File No.: 4149-3.3471 Dear Mr. Bennett: It was a pleasure speaking with you on Tuesday, July 3, 2018, about the above referenced matter. Please allow this correspondence to recap the discussions during our call pursuant to your request that we make our requests in writing, Deposition of Plaintiff Carlos Maldonado As we discussed, Medivators requests the opportunity to take a limited deposition of your client Carlos Maldonado. The purpose of this deposition is to obtain an update regarding his current medical and employment status, care and treatment, current psychiatric claims, if any, and any out of pocket expense claims. We expect that this.would be a very limited examination calculated to update the plaintiff's status since his last deposition in February 2015. We do not anticipate that it would take more than four (4) hours. We would like to take this deposition in the next approximately sixty (60) days. If this is agreeable, kindly provide us with some agreeable dates so that we may schedule this at our mutual convenience, 45318921 4149-3.3471 WALSWORTH WEBM, LLP / WEFBM.COM / One City Boulevard West, Fifth Floor, Orange, California 92868-3677 Vincent Bennett, Esq, July 5, 2018 Follow Up IMEs of the Plaintiff Carlos Maldonado As you know, Mr, Maldonado underwent two IMEs in this case, one with retained allergy and pulmonary disease expert Alan Szeftel, M.D. (May 27, 2015) and one with clinical and forensic psychiatrist Alex D. Michelson, M.D. (May 19, 2015). It has been over three years since Mr. Maldonado was examined by these experts and trial is set for March of 2019. By the time of the trial in this matter, it will have been nearly four years since Medivators' experts had the opportunity to examine Mr. Maldonado. As such, Medivators seeks the opportunity to have a limited follow-up examination of Mr. Maldonado by its experts for precisely the same reason it seeks a follow up session of his deposition, namely, to obtain an update as to his current medical and psychiatric conditions and to allow its experts the opportunity to evaluate these. We certainly can work to establish some detailed parameters regarding these examinations. Please let us know if you are agreeable to this and any particular details of concern. Similarly, if plaintiff is unwilling to stipulate to these limited follow up examinations, kindly advise and we will simply file our motion. : Mediation and Selection of Mediator We also discussed a follow up to our communications with your partner Roger Gordon. In recent communications, Mr. Gordon seemed agreeable to attending a private mediation in this matter. To that end, we requested that he provide us with the names of some agreeable potential mediators and a settlement demand, We understand that you were not aware of these discussions and we will communicate with Mr. Gordon as well but would request that you please communicate with him regarding our request for a demand and mediators for this matter. If we are to mediate, it obviously makes sense for us to do this sooner rather than later. We would like to schedule a mediation shortly after we have had the opportunity to depose Mr. Maldonado. Thank you for the opportunity to speak with you on these issues and for your anticipated cooperation and professional courtesy. We look forward to hearing from you shortly. WFBM, LLP MLC cc: Lisa M. Rice 45318921 4149-3.34714 WALSWORTH WEFBM, LLP / WFRMCOM 7 One City Boulevard West, Fifth Floor, Orange, California 92868-3677 2 EXHIBIT G Helen M. Luetto From: Helen M. Luetto Sent: Wednesday, August 08, 2018 1:54 PM To: Vincent F. Bennett’; ‘Patricia Alamina’ Cc: Helen M. Luetto Subject: FW: Maldonado v. Medivators, Inc., et al. Attachments: Medivators.Maldonado - 7.31.18 ltr to pltf_s counsel re update discovery.PDF Good afternoon: | am just circling back about the discovery issues in the case, namely, the plaintiff's deposition, updated medical and psychiatric examinations and the signed releases for updated psychiatric records. Thank you for your professional courtesy. Helen Helen M. Luetto Partner T (714) 634-2522 ext. 3317 E hluetto@wfbm.com WALSWORTH wesm, wie WEBM.COM From: Peri Clark Sent: Tuesday, July 31, 2018 2:44 PM To: Vincent F. Bennett’; 'Patricia@geklaw.com' Cc: Helen M. Luetto; Peri Clark Subject: Maldonado v. Medivators, Inc., et al. Attached please find our July 31, 2018 correspondence. Peri Clark Legal Assistant T (714) 634-2522 ext. 3323 E pclark@wfbm.com WALSWORTH weem, ue One City Boulevard West, Fifth Floor Orange, CA 92868 WEFBM.COM / Los Angeles Orange County San Francisco EXHIBIT H Helen M. Luetto EEE RETRARE From: Helen M. Luetto Sent: Friday, August 24, 2018 1:42 PM To: "Vincent F. Bennett’; 'Patricia@geklaw.com’ Cc: Helen M. Luetto Subject: RE: Maldonado v. Medivators, Inc, et al. Good afternoon: I was just following up to see if you had any proposed dates for Mr. Maldonado’s further deposition. Additionally, could you please advise as to when we could expect return of the signed authorizations for psychiatric records? It will take some time to get those and we are in the process of obtaining dates for his follow up exams so we would certainly appreciate your attention to this. Finally, as a reminder, we are still awaiting plaintiff's response to outstanding discovery which is overdue. Please let me know if you have any questions regarding this. Have a wonderful weekend! Helen Helen M. Luetto Partner T (714) 634-2522 ext. 3317 E hluetto@wfbm.com WALSWORTH wrem, wep WFBM.COM From: Peri Clark Sent: Thursday, August 16, 2018 11:12 AM To: Vincent F. Bennett’; 'Patricia@geklaw.com’ Cc: Helen M. Luetto; Peri Clark Subject: Maldonado v. Medivators, Inc., et al. Attached please find our August 16, 2018 correspondence with authorizations. Peri Clark Legal Assistant T (714) 634-2522 ext. 3323 E pclark@wfbm.com WALSWORTH wesw, Lip One City Boulevard West, Fifth Floor Orange, CA 92868 WEFBMLCOM / Los Angeles Orange County San Francisco WALSWORTH WFBM, LLP Helen M. Luetto Attorney at Law T (714) 634-2522 Fo (714) 634-0686 E hluetto@wfbm.com August 16, 2018 VIA E-MAIL AND U.S. MAIL Vincent Bennett, Esq. Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP 3580 Wilshire Blvd., Suite 1800 Los Angeles, California 90010 E-Mail: Vincent@geklaw.com RE Case Name: Carlos Maldonado vs. Medivators, Inc, et al. Orange County Superior Court, Case No.: 30-2013-00682880-CU-PL-CJC Our Client: Medivators, Inc. Claim No: 040514008439 Our File No.: 4149-3.3471 Dear Mr. Bennet: Please allow this letter to confirm our telephone call of August 15, 2018, wherein we discussed the pending discovery requests of Medivators, Inc. in the above-referenced action. Follow. Up Deposition of Plaintiff Carlos Maldonado As we discussed, Plaintiff has agreed to permit a two hour follow up deposition of Mr. Maldonado. Medivators has requested that it be permitted up to four hours to complete this updated deposition. Plaintiff has agreed that if after two hours, Mr. Maldonado appears to be able to continue participating in his deposition, it will be allowed. This agreement is made without prejudice to Medivators' ability to request additional time beyond the two hours to which Plaintiff has agreed. As we discussed, we are willing to accommodate Mr. Maldonado in any way to make this process easier including scheduling the follow up deposition in multiple single hour sessions. 4582745.1 4149-3.3471 WALSWORTH WFBM, LLP / WFBM.COM / One City Boulevard West, Fifth Floor, Orange, California 92868-3677 Vincent Bennett, Esq. August 16,2018 Plaintiff will provide some agreeable dates for the deposition to take place in the next 30 to 60 days. Follow Up Independent Medical and Psychiatric Examinations Based on our call, we understand that Plaintiff has agreed to allow Medivators' experts Drs. Szeftel and Michelson to conduct follow up medical and psychiatric examinations respectively of Mr. Maldonado. We will obtain some dates for these examinations though the psychiatric reevaluation will need to await our receipt of the updated psychiatric records not yet released by the Plaintiff. During our call, you expressed a concern about Dr. Szeftel asking too many questions during the medical examination. While certainly Plaintiff understands that Dr. Szeftel does need to ask certain questions to permit him to evaluate Mr. Maldonado, rest assured that there is no intention to undertake what you have called a "deposition" on the part of Dr. Szeftel. We believe that this matter has already been the subject of a motion before the Court previously so the parties likely understand the appropriate procedures. Release of Mr. Maldonado's Updated Psychiatric Records It is our understanding that Plaintiff will execute authorizations for the release of any updated records regarding his psychiatric care and treatment by Dr. Friedman and Dr. Sones. If there are any other treaters, would you kindly advise and we will provide a release for those records as well. Though we have previously sent you the authorizations, we include them herewith for your convenience. Would you kindly expedite these so that we may obtain the records well in advance of any follow up examination with Dr. Michelson? Mediation During our call, the issue of a mediation was raised. We had previously discussed this with Mr. Gordon and again, Medivators would be glad to explore a settlement in this matter. Kindly provide us with some names of agreeable mediators as well as a settlement demand. We have previously provided Mr. Gordon with the names of some agreeable mediators. Maybe one of those would be acceptable to Plaintiff as well. Perhaps we can get a mediation on calendar to coordinate with the completion of the above-referenced discovery. 45827451 4149-3.3471 WALSWORTH WFBM, LLP / WFBM.COM / One City Boulevard West, Fifth Floor, Orange, California 92868-3677 2 Vincent Bennett, Esq. August 16, 2018 We certainly appreciate your professional courtesy regarding this matter. If the forgoing does nqt tomport with your understanding or recollection of our call, please do not hesitate to call Helen M. Luetto WFBM, LLP HML:PC ENCLS 4582745.1 4149-3.3471 WALSWORTH WFBM, LLP / WFBM.COM / One City Boulevard West, Fifth Floor, Orange, California 92868-3677 3 AUTHORIZATION FOR RELEASE OF INFORMATION Patient Information: Carlos Maldonado AKAs (if any) * (PRINT name of patient) DOB:__ 4/13/1966 SS#: 604-14-0528 Facility Medical Record Number (if known): Information to be released from: Friedman Psychiatric Medical Clinic ) Name of designated Facility or Provider 5769 Uplander Way Facility/Provider Address Culver City, CA 90230 (310) 337-9800 City, State, Zip Code Phone Number Information to be released to: Walsworth, Franklin, Bevins & MeCall, 1LLL.C Requestor’s Name and Company if applicable, and Address 1 City Blvd. W., 5" Floor, Orange, CA 92868 (and/or their authorized representatives or other person designated by them, including but not limited to attorneys, secretaries, paralegals, investigators, adjusters and doctors). Representative/Copy Service: Titan Legal Services, Inc. - 19700 Vermont Avenue, Suite 225 Torrance, CA 90504 (310) 464-8655 (Company name and address) Information to be released: : X All Medical/Billing Records Dates of Records Requested: 2002 to Present X Specific Medical Information (i.e.,chart notes, labs, x-rays, billing records and special tests.) Please specify: _Any/all records relating to psychiatric/psychological treatment, counseling, diagnosis, etc. for dates 1/1/2012 to present 0 All employment records (i.e., payroll, educational, or job training.) Please specify: X All insurance records (i.e., applications, policies, payment records). Please specify: relating to treatment/dates above oO All police records (i.e., reports, arrest records, jail/prison records, probation records. Please specify: Purpose of disclosure: Litigation 2999563.1 4149-3.3471 Patient Authorization: I understand that my records may contain information regarding the diagnosis or treatment of HIV/AIDS, sexually transmitted diseases, drug and/or alcohol abuse, mental illness, or psychiatric treatment. I give my specific authorization for these records to be released. I understand that this consent includes the disclosure of: (PLEASE INITIAL): Drug/Alcohol abuse/treatment & diagnosis Sexually Transmitted Disease HIV/AIDS diagnosis/treatment & testing X Mental Illness of Psychiatric diagnosis/treatment I do hereby give my consent for release of any and all insurance records including applications, policies and or payment records. Treatment, payment enrollment or eligibility for benefits may not be conditioned on signing this authorization except if the authorization is for: 1) conducting -research-related treatment, 2) to obtain information in connection with eligibility or enrollment in a health plan, 3) to determine an entity’s obligation to pay a claim, or 4) to create health information to provide to a third party. I also give my approval for release of any and all employment, payroll, educational, or job training records as my be deemed necessary by my legal representatives. As well, I approve the release of all police reports/records, arrest records, jail/prison records, and probation reports/records. This document covers information or material whose disclosure would, but for this waiver, be prohibited by state or federal statutes or regulations. My Rights: This authorization is pursuant to the Confidentiality of Medical Information Act of 1980, California Civil Codes, sections 56-56.37, and the California Evidence Code Section 1158. The person signing this authorization has a right to receive a copy hereof, and a reproduced copy of this authorization shall be as valid as the original. This authorization is in force from the date of signature herein due to the nature, duration, and extent of this case. This authorization applies to all records both prior to, and after the date of signature. I understand this consent may be modified by myself or representing attorney at any time and the consent may be revoked in writing at any time with the exception to the extent that disclosure of information has already occurred prior to the receipt of revocation by the above named provider. If written revocation is not received, authorization will be considered valid for a period of time not to exceed 90 days from the date of signing. To initiate revocation of this authorization direct all correspondence to the “Designated Recipient” above. If this consent is being sent to a medical provider, the provider cannot condition treatment on signing of this consent unless the treatment is research-related. I also understand that there is a chance that once my records are disclosed to others that they could be re- disclosed to individuals or organizations not subject to HIPAA, and therefore, may no longer be protected by HIPAA. 2999563.1 4149-3.3471 SIGNATURE: (Patient, Guardian*, or Authorized Representative*)*Please provide documents to prove authority to sign on behalf of the patient. DATE: 2999563.1 4149-3.3471 AUTHORIZATION FOR RELEASE OF INFORMATION Patient Information: Carlos Maldonado AKA’s (if any) (PRINT name of patient) DOB: 4/13/1966 SSH: 604-14-0528 Facility Medical Record Number (if known): Information to be released from: David Sones, M.D. Name of designated Facility or Provider 11980 San Vicente Blvd., Suite 701 Facility/Provider Address Los Angeles, CA 90049 (310) 207-2006 City, State, Zip Code Phone Number Information to be released to: Walsworth, Franklin, Bevins & McCall, LLC Requestor’s Name and Company if applicable, and Address 1 City Blvd. W., 5" Floor, Orange, CA 92868 (and/or their authorized representatives or other person designated by them, including but not limited to attorneys, secretaries, paralegals, investigators, adjusters and doctors). Representative/Copy Service: Titan Legal Services, Inc. - 19700 Vermont Avenue, Suite 225 Torrance, CA 90504 (310) 464-8655 (Company name and address) Information to be released: X Al Medical/Billing Records Dates of Records Requested: 2002 to Present X Specific Medical Information (i.e.,chart notes, labs, x-rays, billing records and special tests.) Please specify: Any/all records relating to psychiatric/psychological treatment, counseling, diagnosis, etc. for dates 1/1/2012 to present 0 All employment records (i.e., payroll, educational, or job training.) Please specify: X All insurance records (i.e., applications, policies, payment records). Please specify: relating to treatment/dates above oO All police records (i.e., reports, arrest records, jail/prison records, probation records. Please specify: Purpose of disclosure: Litigation Patient Authorization: I understand that my records may contain information regarding the diagnosis or treatment of HIV/AIDS, sexually transmitted diseases, drug and/or alcohol abuse, mental illness, or psychiatric treatment. I give my specific authorization for these records to be released. I understand that this consent includes the disclosure of: (PLEASE INITIAL): Drug/Alcohol abuse/treatment & diagnosis Sexually Transmitted Disease HIV/AIDS diagnosis/treatment & testing X Mental Illness of Psychiatric diagnosis/treatment I do hereby give my consent for release of any and all insurance records including applications, policies and or payment records. Treatment, payment enrollment or eligibility for benefits may not be conditioned on signing this authorization except if the authorization is for: 1) conducting research-related treatment, 2) to obtain information in connection with eligibility or enrollment in a health plan, 3) to determine an entity’s obligation to pay a claim, or 4) to create health information to provide to a third party. I also give my approval for release of any and all employment, payroll, educational, or job training records as my be deemed necessary by my legal representatives. As well, I approve the release of all police reports/records, arrest records, jail/prison records, and probation reports/records. This document covers information or material whose disclosure would, but for this waiver, be prohibited by state or federal statutes or regulations. My Rights: This authorization is pursuant to the Confidentiality of Medical Information Act of 1980, California Civil Codes, sections 56-56.37, and the California Evidence Code Section 1158. The person signing this authorization has a right to receive a copy hereof, and a reproduced copy of this authorization shall be as valid as the original. This authorization is in force from the date of signature herein due to the nature, duration, and extent of this case. This authorization applies to all records both prior to, and after the date of signature. I understand this consent may be modified by myself or representing attorney at any time and the consent may be revoked in writing at any time with the exception to the extent that disclosure of information has already occurred prior to the receipt of revocation by the above named provider. If written revocation is not received, authorization will be considered valid for a period of time not to exceed 90 days from the date of signing. To initiate revocation of this authorization direct all correspondence to the “Designated Recipient” above. If this consent is being sent to a medical provider, the provider cannot condition treatment on signing of this consent unless the treatment is research-related. I also understand that there is a chance that once my records are disclosed to others that they could be re- disclosed to individuals or organizations not subject to HIPAA, and therefore, may no longer be protected by HIPAA. SIGNATURE: (Patient, Guardian*, or Authorized Representative™) “Please provide documents to prove authority to sign on behalf of the patient. DATE: EXHIBIT I Jan. 6. 2015 12:26PM ROGER L. GORDON MARK EDELSTEIN SHERRY E. GRANT RICHARD L FELTON DAVID A, GOLDSTEIN ADAM DOMRBCHIK VINCENT VALLIN BENNETT GARY N. STERN JOANNA SACAVITCH ERIKA L. VARGAS STEVE SCARDINO AMY C. LEUNG ALVARO 8. LIZARRAGA JILL A. SINGER KEITH C. MACKENZIE BRANT BRUNER Larner Retired HOWARD I. KREPACK IRWIN L. GOLDSTEIN QF Coyngel JOSHUA M, MERLISS JENNIFER, 8. KUKLIN LELAND ROSNER BARBARA THOMPSON GORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEIN ATTORNEYS AT LAW THE PARAMOUNT PLAZA SUITE 1800" 3580 WILSHIRE BLVD. LOS ANGELES, CALIFORNIA 90010 January 6, 2015 Via Facsimile: (714) 634-0686 & First Class Mail Lisa Rice, Esq. WFBM, LLP dba Walsworth 1 City Blvd West, 5th Floor Orange, CA 92868 ‘Re: Carlos Maldonado v. Medivators, Inc. Our File No. 1722-001 Dear Ms. Rice: No. 1260 PF. 2 (213) 739-7000 (213) 487-1520 FAX (213) 386-1671 Veptura/Santa Barbara Coupt By Appointment: 816 Camarillo Springs Road, Suite I Camarillo, CA 93012 805-377-0633 or 888-761-0439 Orange County Xerox Centre 185] East First Street, Suite #900 Santa Ana, CA 92705 888-764-5501 Enclosed please find duly executed authorizations by our client with regard to obtaining his medical records from Friedman Psychiatric Medical Clinic and David Sones, M.D. Very truly yours, VVB/pa Encls. ceemfan, 6 WBBM om mem em mm = =e = No 1260 PS Patient Information: AKA's (if any) | (PRINT name of patent) DOB: __ 4/13/1966 SSH 604-14-0528 Facility Medical Record Numbar (if known): Information to be released from: ri ge ~ Name of etic] Facllity or Provider Facllity/Provider Address City, Stats, Zip Code Phone Number AG pC limited to attorneys, secretaries, paralegals, investigators, adjusters and doctors). SX AI Medical Billing Records Dates of Records Requested: 201.to Present X Specific Medical Information (Le. haut HO EE x-rays, » biltng records and ne apacl All : ig ur dats or job arp] a , payroll ona j traning.) X All surance r3eords G. c. sppllications, policies, payment rocords). 0 All police records (ie., reports, arrest records, jail/prison records, aion records, Please specify: pret Purpose of disclosure; Litigation TFL Ah 3471 Jan, 6. 2015 12:26PM TT —_— ri ww ~~ No. 1260 P. 4 “I . ’ ‘Patient Authorization: 1 understand. that my records may contain information regarding the diagnosis or treatment of HIV/AIDS, sexually transmitted diseases, drug and/or alcohol abuse, mental illness, or psychiatric treatment. § give my specific authorization for these records to be released. 1 \mderstand that this consent includes the disclosure of: (PLEASE INITIAL): Drug/Alechd] abuse/restment & diagnosis Sexually Transmitted Discase HIV/AIDS diagnosis/treatment & testing X Mental lliness of Poychiatric diagnosis/treatment ~ I do hereby give. my consent for release of any und all insurance records including applications, policies and or payment récords. Treatment, payment enrollment or eligibility. for benefits may uot be conditiofied on signing this authorization except if the authorization is for: 1) conducting rescarcherelated treatment, 2) to obtain information in connection with eligibility or enroliment in a health plan, 3) to determine an entity's obligation to pay a claim, or 4) to create health information to provide to & third party. I also give my approval for release of any and all employment, payroll, educational, or job training records as my be deemed necessary by my legal representatives. As well, I approve the release of all police reports/recaids, arrest records, jail/prison records, and probation reports/records. This document covers information or material whose disclosure would, but for thia waiver, be -prohitiitad by state or federal statutes or regulations. ~ My Rights: This authorization is pursuant to the Confidentiality of Medical Information Act of 1980, California Civil Codes, sections 56-56.37, and the California Evidence Code Section 1158. The person signing this authorization bay aright to receive a copy hereof, and a reproduced copy of this authorization shall be ay valid:as the original. This authorization is in force. from the date of signature herein dus to the nature, ducation, and extent of this case, This authorization applies to all records both prior to, and after the date of signature. I understand this consent may be modified by myself or representing attorney at anytime and the consent may be revoked in writing at any time with the exception to. the extent that disclosure of information has already occurred prior to the receipt of revogation by the nbove named provider. If written revocation is not received, authorization will be considered valid fora period of time not to exceed 50 days fiom the date of signing. To initiate revocation of this authorization direct all correspondence to the “Designated Recipient” above. If this.consent is‘ being sent to a medical provider, the provider cannot condition treatment on signing of this consent unless the treatment is research-related. T also understand that thete is a chance that once my records are disclosed to others that they could be re- disclosed to individuals or organizations riot subject to HIPAA, and therefore, may no longer be ‘pratected by HIPAA. SIGNATURE: Cerro 3 : i. Cafe, Sune wr ubarized Reprseatve | eage:provide documents to prove authority to sign on behalf of the patient. DATE: __/—S" Ey proves = o Jan. 6 2015 12:27PM mw remem + elo 1260 PD Patient Information: (PRINT nams of patient) DOBs__4/13/1966 SW: _goeleoms Facility Medical Record Number Gt known): Information to be released from: Name of designated Facility or Provider dior thc thorisd Pa oi ry ep by them, including but not limited to attorneys, searetaries, paralegals, investigators, adjuaters and dootons). Representative/Copy Service: Tits ads Cy ZAR Medical/Billing Records Dates of Records ested: 2002 to Present X Specific Medical Information Ge shat fabs, wr, billing records o = | peclal tests.) Sidon pocity: Any/alll peer ti H aA mpcymet cons Ge, payroll, por mv mero wining.) Ale insu ts . x wine veoo (i.e teat policies, payment records). 0 All potics vecords (i.e., wy set recs il Plestesy repo ds, ja /prison records, probation records. Purpose of disclosures ——Litization_ Can 6 2015-12:21PM me — No. 1260 Pf meme ~ Patient Authorization: 5 T understand thes my records may contain information regarding the diagnosis or treatment of HIV/AIDS, sexually transmitted diseases, drug and/or alcohol abuse, mental illness, or psychiatric treatment. 1 give my sp cific authorization for these records to be released. I understand that this consent includes the disclosure oft (PLEASE INITIAL): Drug/Alcchol abuse/irestment & disgnosls ____ Sexually Transmitted Dissase HIV/AIDS disgnosis/trastment & testing X Mental Noes of Psychiatric diagnosic/treatment I do hereby give my congent for release of any and all insurance records including applications, policies and or payment records. Treatment, payment enroliment or eligibility for benefits may aot be conditioned on signing this authorization except if the authorization ia for: 1) conducting research-related treatment, 2) to obtain information in connection with eligthility or enrollment in 8 health plan, 3) to determine an entity’s obligation to pay a claim, or 4) to creats health information to provide o a third party. : 1 also give my approval for release of any and all employment, payroll, educational, or job training records as my be deemed necessary by my legal representatives, As well, I approve the release of all polive reporta/records, arrest records, jail/prison records, and probation reports/records, This document covers information or material whose disclosure would, but for this waiver, be prohibited by state or fe eral statutes or regulations. My Rights: | This authorization is pursuant to the Confidentiality of Medical Information Act of 1980, California Civil Codes, sections 5656.37, and the Califomia Evidence Code Section 1158, The person signing this authorization has a right to receive a copy hereof, and a reproduced copy of this authorization shall be as valid as the original. This authorization is in force from the date of signature herein due to the nature, duration, and extent of his case. This authorization applies to all records both prior to, and after the date of signature, I understand this conse t may be modified by myself or representing attorney at any time and the consent may bo revoked in writing at any time with the exception to the extent that disclosure of information hes already occurred prior to the receipt of revocation by the above named provider. If written revocation is not received, authorization will be considered valid for a peried of time not to exceed 90 days from the date of signing. To initiate revocation of this suthorization direct all correspondenca to the “Designated Recipient” above. If this consent is being sent to a medical provider, the provider cannot condition treatment on signing of this consent unless the treatment is resesrch-related. 1 also understand that there is a chence that once my records are disclosed 0 others that they could be re- discloged ta individuals or organizations not subject to HIPAA, and thereftre, may no longer be protected by HIPAA. : O R A N G E , C A L I F O R N I A 9 2 8 6 8 - 3 6 7 7 TE L (7 14 ) 6 3 4 2 5 2 2 + FA X (7 14 ) 6 3 4 0 6 8 6 W A L S W O R T H O N E C I T Y B O U L E V A R D W E S T , F I F T H F L O O R 4553976.1 4149-33471 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Orange, State of California. My business address is One City Boulevard West, Fifth Floor, Orange, CA 92868-3677. On August 28, 2018, I served true copies of the following document(s) described as NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION OF PLAINTIFF, INDEPENDENT MEDICAL EXAMINATIONS OF PLAINTIFF AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF HELEN M. LUETTO IN SUPPORT THEREOF on the interested parties in this action as follows: Roger L. Gordon, Esq. Blake Posner, Esq. Vincent Vallin Bennett, Esq. FLOYD, SKEREN & KELLY, LLP GORDON, EDELSTEIN, KREPACK, 2045 W. Orangewood Ave., Suite A GRANT, FELTON & GOLDSTEIN, LLP ~~ Orange, CA 92868 3580 Wilshire Blvd., Suite 1800 Tel: (714) 558-8892 Los Angeles, CA 90010 Fax: (714) 558-8759 Tel: (213) 739-7000 blake.posner@fsklaw.com Fax: (213) 739-0317 Vincent@geklaw.com Attorneys for Plaintiff BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. Iam readily familiar with WFBM, LLP's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 1 am a resident or employed in the county where the mailing occurred. The envelope was placed in, the mail at Orange, California. ~~ Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 28, 2018, at Orange, California. Cts Peri Clark -17- NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING UPDATED DISCOVERY INCLUDING DEPOSITION, IMES AND RELEASE OF PSYCHIATRIC RECORDS OF PLAINTIFF
