SS OO 00 NN O N n n Bs W N 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. MELANIE JOY STEPHENSON-LAWS, ESQ. (SBN 113755) BARRY SULLIVAN, ESQ. (SBN 136571) ELECTRONICALLY FILED RICHARD A. LOVICH, ESQ. (SBN 113472) Superior Court of Caliomia, KARLENE J. ROGERS-ABERMAN, ESQ. (SBN 237 gt” "50% MICHAEL S. ROBINSON, ESQ. (SBN 152109) Elerion fe puis Enuf 303 N. Glenoaks Blvd., Suite 700 By e Clerk Deputy Clerk Burbank, CA 91502 Telephone: (818) 559-4477 Facsimile: (818) 559-5484 Attorneys for Plaintiff THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a public trust corporation, on behalf of THE UNIVERSITY OF CALIFORNIA, IRVINE MEDICAL CENTER SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF ORANGE UNLIMITED JURISDICTION THE REGENTS OF THE Case No. 30-2015-00808967-CU-CO- UNIVERSITY OF CALIFORNIA, a CIC public trust corporation, on behalf of THE UNIVERSITY OF CALIFORNIA, [Assigned to Dept. C21, Hon. Mary IRVINE MEDICAL CENTER, Schulte] Plaintiff, PLAINTIFF’S OPPOSITION TO vs. MOTION TO DISMISS DEFENDANT KAISER FOUNDATION HEALTH KAISER FOUNDATION HOSPITALS, [PLAN, INC. a California corporation; KAISER FOUNDATION HEALTH PLAN, INC., Pate: April 28, 2016 a California corporation; SOUTHERN Time: 1:30 p.m. CALIFORNIA PERMANENTE Dept.: C21 MEDICAL GROUP, a California partnership; and DOES 1 THROUGH 25, INCLUSIVE, Defendants. FC 12002 - 1 - PLAINTIFF'S OPPOSITION TO DEMURRER TO FIRST AMENDED COMPLAINT OO 0 9 O&O nn BH WW ND == - oS 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff The Regents of the University of California, a public trust corporation, on behalf of the University of California, Irvine Medical Center (hereafter “UCI Medical Center”), hereby submits its opposition to the motion to dismiss Kaiser Foundation Health Plan, Inc. (“KFHP”), filed by defendants Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., and Southern California Permanente Medical Group (hereafter collectively “Kaiser”). The motion should be denied as moot, since UCI Medical Center has filed a request for dismissal of KFHP. After the Court sustained Kaiser’s demurrer to the First Amended Complaint with respect to KFHP, with leave to amend, plaintiff allowed the amendment period to pass, opting to not attempt to state a claim against KFHP and instead proceed only against the other two Kaiser entities. After Kaiser counsel requested a formal dismissal of KFHP, plaintiff agreed to file one. Said request for dismissal of KFHP was filed and mail served on April 4, 2016, obviating the need for the instant motion. Dated: April 15, 2016 LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. MICHAEL S. ROBINSON, ESQ. Attorneys for THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a public trust corporation, on behalf of THE UNIVERSITY OF CALIFORNIA, IRVINE MEDICAL CENTER FC 12002 2 - PLAINTIFF'S OPPOSITION TO DEMURRER TO FIRST AMENDED COMPLAINT 1 PROOF F SERVICE 2 3 I am employed in the county of Los Angeles, State of California. I am 4 ||OVver the age of 18 and not a party to the within action; my business address is 303 North Glenoaks Boulevard, Suite 700, Burbank, California 91502-3226. On 15 5 || April 2016, I served the foregoing document(s) entitled: 6 PLAINTIFF’S OPPOSITION TO MOTION TO DISMISS 7 DEFENDANT KAISER FOUNDATION HEALTH PLAN, INC. 8 || by placing a true copy thereof enclosed in a sealed envelope addressed per the 9 attached Service List. 10 |[[X1 BY MAIL: Iam "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be 11 deposited with the United States Postal Service on that same day with 12 postage thereon fully prepaid at Burbank, California in the ordinary course of business. I am aware that on motion of the party served, service is 13 presumed invalid if postal cancellation date or postage meter date is more 14 than one day after date of deposit for mailing in affidavit. [C.C.P. 1013a(3); a F.R.C.P. 5(b)] 16 [ 1] BY CERTIFIED MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it 17 would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at Burbank, California in the ordinary 18 . : Jo. course of business. I am aware that on motion of the party served, service is 19 presumed invalid if postal cancellation date or postage meter date is more 20 than one day after date of deposit for mailing in affidavit. [C.C.P. 1013a(3); F.R.C.P. 5(b)] 21 [ ] BY FEDERAL EXPRESS: I caused such envelope(s), with overnight 22 Federal Express Delivery Charges to be paid by this firm, to be deposited 73 with the Federal Express Corporation at a regularly maintained facility on oi the aforementioned date. [C.C.P. 1013(c) 1013(d)] 75 [ 1] BY PERSONAL SERVICE: I caused the above-stated document(s) to be served by personally delivering a true copy thereof to the individuals 26 identified above. [C.C.P. 1011(a); F.R.C.P. 5(b)] 27 {I[ 1 BY EXPRESS MAIL: I caused such envelope(s), with postage thereon 28 fully prepaid and addressed to the party(s) shown above, to be deposited in a © 00 3 Oo vi » WLW ND = N O N O N N N N D N D ND N = e m e e e e e e e m e e 0 - O N nh BA W N = Oo V W X N N R E W D = O O [] [] [X] facility operated by the U.S. Postal Service and regularly maintained for the receipt of Express Mail on the aforementioned date. [C.C.P. 1013(c)] BY TELECOPIER: Service was effected on all parties at approximately _____am/pm by transmitting said document(s) from this firm's facsimile machine (818/559-4477) to the facsimile machine number(s) shown above. Transmission to said numbers was successful as evidenced by a Transmission Report produced by the machine indicating the documents had been transmitted completely and without error. C.R.C. 2008(e), Cal. Civ. Proc. Code § 1013(e). BY ELECTRONIC SERVICE: By emailing true and correct copies to the persons at the electronic notification address(es) shown on the accompanying service list. The document(s) was/were served electronically and the transmission was reported as complete and without error. State: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on 15 April 2016 in Burbank, California. KARINE ISAGULYAN © 00 3 OO Wn HB WLW N = N O N N N N N N N N = e e e e e e e e e e e e 0 NN O O Wn BA W N = Oo Vv O N O nn B E V I N = O SERVICE LIST Sally Hosn, Esq. Yang Professional Law Corporation 80 S. Lake Avenue, Suite 820 Pasadena, CA 91101 Attorneys for Defendants
