Robert P. Goedhals vs. Garden Grove Hospital Medical CenterMotion to Compel Answers to InterrogatoriesCal. Super. - 4th Dist.November 29, 2016TONY A. DISCOE, CBN 125973 ALPHONSIE NELSON, CBN 217494 LAW OFFICES BASSETT, DISCOE, McMAINS & KARGOZAR 1551 North Tustin Avenue, Suite 900 Santa Ana, CA 92705 Telephone: (714) 542-5400; Fax: (714) 972-2594 ELECTRONICALLY FILED Superior Court of California, County of Orange 1019/2017 at 01:20:00 FM Clerk of the Superior Court By Wary Johnson, Deputy Clerk Attorneys for Defendants, SOUTH COAST EMERGENCY MEDICAL GROUP, INC., and JONATHAN BIRNBAUM, M.D. SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER ROBERT P. GOEDHALS and PETER JAMES) GOEDHALS, Plaintiffs, VS. N e e r N N N e GARDEN GROVE HOSPITAL MEDICAL) CENTER; WEST ANAHEIM MEDICAL) CENTER; HARPREET SINGH, M.D.;) JONATHAN BIRNBAUM, M.D.; SOUTH) COAST EMERGENCY MEDICAL GROUP,) INC.; PRIME HEALTHCARE MANAGEMENT,) INC.; TRUE LUU McMAHAN, M.D.; CURTIS) CONVERSE, D.O.; HASSAN MOHAMED) ALKHOULI, M.D.; and DOES 1 through 100,) inclusive, Defendants. CASE NO. 30-2016-00889390-CU-MM-CJC JUDGE GREGORY H. LEWIS DEPT. C26 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] DATE: March 12,2018 TIME: 10:30 a.m. RESERVATION NO. 72683829 Date Complaint Filed: 11/29/2016 Trial Date: 4/2/2018 TO ALL PARTIES HEREIN AND THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on 3/12/18 at 10:30 a.m. in Department C26, of the above-entitled Court located at 700 W Civic Center Dr., Santa Ana, CA, 92701, or as soon thereafter as the matter may be heard, defendant JONATHAN BIRNBAUM, M.D. will and hereby does move this Court for an Order compelling plaintiff, ROBERT GOEDHALS, to respond, without objections, to Special Interrogatories, 1 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] BS WwW SS OO 0 NN O N Wn 11 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 Set One, propounded by defendant. Defendant will and hereby further moves the Court for an order awarding monetary sanctions as against ROBERT GOEDHALS pursuant to Code of Civil Procedure sections 2030.290(c), 2023.030(a) and 2023.010(d) in the amount of $504.00 necessitated by the preparation of this motion and attendance at the hearing on this motion. The motion is made pursuant to Code of Civil Procedure sections 2030.010(a) and 2030.290(a)(b) upon the grounds that plaintiff has failed to respond to properly served Special Interrogatories, Set One, and that the Special Interrogatories are relevant to the subject matter of this action and do not concern privileged matters. This motion is based upon this notice of motion, the attached exhibits to this motion, the memorandum of points and authorities, the declaration of Geoffrey Kraemer, Esq. and all pleadings, records and files in this action together with such other evidence as may be presented at hearing on this motion. Dated: October _|1—, 2017 BASSETT, DISCOE, MeMAINS & KARGOZAR / g By: od \L / TONY A. DISCOE ALPHONSIE NELSON Attorneys for Defendants, SOUTH COAST EMERGENCY MEDICAL GROUP, INC, and JONATHAN BIRNBAUM, M.D. 2 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] © OO 9 A 11 13 14 15 16 L7 18 19 20 21 22 25 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION Plaintiff, Robert Goedhals, has alleged claims of medical negligence and wrongful death against Jonathan Birnbaum, M.D. as a result of the care Dr. Birnbaum provided to Mr. Goedhals® wife, Carol Goedhals, at West Anaheim Medical Center on December 3, 2015. Robert Goedhals has failed to respond to Special Interrogatories, Set One, propounded by Jonathan Birnbaum, M.D. Accordingly, Dr. Birnbaum now brings this motion to compel Mr. Goedhals’ responses, and seeks sanctions against Mr. Goedhals in the amount of $504.00. yA STATEMENT OF FACTS On or about May 9, 2017, Jonathan Birnbaum, M.D. served on Robert Goedhals Special Interrogatories, Set One. Sixty-four special interrogatories were propounded on Mr. Goedhals. A declaration regarding additional discovery was provided with the special interrogatories. Robert Goedhals’ responses were due on or about June 8, 2017. However, at the request of plaintiff's counsel, and as a professional courtesy, an extension of the time to respond to the interrogatories was provided to Robert Goedhals by Dr. Birnbaum. As a result of the extension, Mr. Goedhals’ responses were due on June 22, 2017. The date came and went, and no responses were provided by plaintiff. An attempt was made by Dr. Birnbaum to meet and confer with Mr. Goedhals to request verified responses without objections and to inform Mr. Goedhals that his responses were overdue. However, despite these efforts, Dr. Birnbaum was unable to obtain Mr. Goedhals’ responses. As of the time of the filing of this motion, Robert Goedhals has not served responses to Jonathan Birnbaum, M.D.’s Special Interrogatories, Set One. As of the time of the filing of this motion, Robert Goedhals has not communicated to counsel for Dr. Birnbaum any intent to provide responses to Special Interrogatories, Set One. a THE COURT HAS THE POWER TO COMPEL A RESPONSE TO SPECIAL INTERROGATORIES, SET ONE A response to interrogatories propounded pursuant to Code of Civil Procedure section 2030.010 et seq. is due within thirty (30) days after service of the interrogatories, or on a later date if so specified 3 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF 8504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] = W N OO 0 9 O N Wn 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in the request. (Code Civ. Proc. § 2030.260, subd. (a).) Defendant served Special Interrogatories, Set One on plaintiff as allowed pursuant to Code of Civil Procedure section 2030.010. A party who fails to serve a timely response to interrogatories waives any objections, including those based upon privilege and work product. (Code Civ. Proc. § 2030.290, subd. (a).) Plaintiff has failed to respond to defendant’s Special Interrogatories, Set One, that were served on May 9, 2017. Despite defense counsel’s meet and confer efforts, plaintiff has failed to provide the responses to the aforementioned item of written discovery necessitating the preparation and filing of this motion. Pursuant to California Code of Civil Procedure §2030.290(b) the party propounding the interrogatories may move for an order compelling response to the interrogatories. 4, SANCTIONS ARE MANDATORY WHERE A PARTY FAILS TO RESPOND TO DISCOVERY Monetary sanctions are warranted against plaintiff pursuant to Code of Civil Procedure sections 2030.290(c), 2023.010(d) and 2023.030(a). When a party fails respond to interrogatories, the imposition of sanctions is mandatory, unless the court finds that the responding party acted with substantial justification or other circumstances would render the sanction unjust. (Code Civ. Proc. § 2030.290, subd. (c).) In addition, monetary sanctions may be imposed against a party for misusing the discovery process pursuant to Code of Civil Procedure section 2023.030(a). Failing to submit to an authorized form of discovery, such as special interrogatories, constitutes a misuse of the discovery process. (Code Civ. Proc. §§ 2019.010, subd. (b) and 2023.020, subd. (d).) Here, Robert Goedhals has failed to respond to Special Interrogatories, Set One propounded by Jonathan Birnbaum, M.D. Additionally, Mr. Goedhals has failed to communicate any intention to respond to Special Interrogatories, Set One. Therefore, defendant requests monetary sanctions be awarded in favor of defendant, and against plaintiff in the amount of $504.00. Please see the declaration of Geoffrey Kraemer regarding the request for sanctions award. Counsel for defendant has spent one and four tenths hours preparing this motion and anticipates spending an additional one hour in traveling to and attending the hearing of this motion. Defense counsel’s office charges $185.00 per hour for time spent on this file. In addition, a filing fee of $60.00 4 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] = L N S S OO 0 NN O Y Wn 11 12 13 14 15 16 17 18 19 20 4 22 23 24 25 26 27 28 has been incurred. 4. CONCLUSION Jonathan Birnbaum, M.D. respectfully requests the court order Robert Goedhals to provide verified responses, without objections, to Special Interrogatories, Set One. Defendant also requests the court impose monetary sanctions against Mr. Goedhals in the amount of $504.00 based upon his misuse of the discovery process. Dated: October | 72017 BASSETT, DISCOE, MCcMAINS & KARGOZAR Y Va rd By: AZ TONY A. DISCOE ALPHONSIE NELSON Attorneys for Defendants, SOUTH COAST EMERGENCY MEDICAL GROUP, INC. and JONATHAN BIRNBAUM, M.D. 8 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] HSH L N SO OO XX 9 O Y Wn 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 26 21 28 DECLARATION OF GEOFFREY KRAEMER I, GEOFFREY KRAEMER, declare and state as follows: L. I am an attorney duly licensed to practice law before all the courts of the State of California. I am an associate of the law firm Bassett, Discoe, McMains & Kargozar, attorneys of record herein for Defendant JONATHAN BIRNBAUM, M.D. in this matter. This declaration is based upon my own personal knowledge, except for those matters based upon information and belief and, as to those matters, I believe them to be true. If called to testify to the same I could and would do so competently. 2. Attached hereto as Exhibit “A” is a true and correct copy of Special Interrogatories, Set One, that was served on plaintiff, Robert Goedhals, on or about May 9, 2017. > Our offices never received any objection from Mr. Goedhals regarding the Special Interrogatories, Set One. 4. After the due date for Special Interrogatories, Set One passed, a meet and confer letter was sent to Mr. Goedhals’ attorney of record, Bruce M. Bunch, requesting verified responses, without objections, within ten days. The meet and confer letter is attached hereto as Exhibit “B.” a As a result of Mr. Goedhals’ failure to provide responses to Special Interrogatories, Set One this office has incurred unnecessary attorney’s fees and costs, included the preparation and hearing of this motion. 6. I spent 1.4 hours preparing this motion, and our offices paid $60.00 for the filing fee. bs Furthermore, 1 anticipate spending one hour traveling to/from and appearing for the hearing on this motion. 8. The total amount incurred as a result of Mr. Goedhals® failure to respond to Special Interrogatories, Set One is $504.00 11 11 I In 1 6 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] No SS OO © 9 NN Wn B W 0 NN NA Ln BA W N = O Y U N RE W N I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this (1 day of October 2017, at Santa Ana, California. Poy lle _Leotlrey aemer 7 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] w n wo OO 0 NN 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 ) I am employed in the County of Orange, State of California. I am over 18 years of age, and not a party to the within action; my business address is 1551 North Tustin Avenue, Suite 900, Santa Ana, California 92705. On the date below, I served the following document(s): NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] on the interested parties in this action on the attached Service List. _X BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed above and placed the envelope for collection and mailing, with postage thereon fully prepaid, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited with the United States Postal Service in the ordinary course of business. I am employed in the county where the mailing occurred. The envelope or package was placed in the mail at Santa Ana, California. BY FAX TRANSMISSION: I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that [ used. A copy of the record of the fax transmission, which I printed out, is attached. BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons listed above. I placed the envelope or package for collection and overnight delivery at an office or a regularly-utilized drop box of the overnight delivery carrier. I declare under penalty of perjury, pursuant to the laws of the State of California that the foregoing is true and correct, and that this proof of service was executed on October 1], 2017, at Santa Ana, California. nS K XA. K Re: Goedhals v. Garden Grove File No. 43-0119 101617. MTC Spec Rogs Set One Birnbaum To Robert G.wpd 8 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] Ww S O 9 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 Service List Goehdals v. Garden Grove OCSC Case No. 2016-00889390 File No. 43-0119 Bruce M. Bunch, Esq. Attorneys for Plaintiffs LAW OFFICES OF BRUCE M. BUNCH 200 N. Westlake Blvd., Ste. 204 Westlake Village, CA 91362 818-707-8887; fax 818-707-8884 Douglas A. Amo, Esq. Attorneys for Defendant, Harpreet Singh, M.D. Frederick James, Esq. SCHMID & VOILES 333 City Blvd. W., Ste. 720 Orange, CA 92868 714-940-5555; fax 714-940-5594 Matthew N. Trotter, Esq. Attorneys for Defendants, Prime Healthcare CARROLL, KELLY, TROTTER, FRAZEN, Services - Anaheim, LLC dba West Anaheim McKENNA & PEABODY Medical Center; Prime Healthcare Services - P.O. Box 22636 Garden Grove, LLC dba Garden Grove Long Beach, CA 90801-5636 Hospital Medical Center; and Hassan Mohamed 562-432-5855; fax 562-432-8785 Alkhouli, M.D. Physical address: 111 W. Ocean Blvd., 14th Flr. Long Beach, CA 90801-5636 9 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] Exhibit "A" OO 0 ON OO Un BA W O N N N N N N N N O N O N m = o e m oe m md pe t em t p m p m p t pe XR 9 A Ln BRA W N = O V NN O D N R A W N = oo TONY A. DISCOE, CBN 125973 ALPHONSIE NELSON, CBN 217494 LAW OFFICES BASSETT, DISCOE, McMAINS & KARGOZAR 1551 North Tustin Avenue, Suite 900 Santa Ana, CA 92705 Telephone: (714) 542-5400; Fax: (714) 972-2594 Attorneys for Defendants, SOUTH COAST EMERGENCY MEDICAL GROUP, INC., and JONATHAN BIRNBAUM, M.D. SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER ROBERT P. GOEDHALS and PETER JAMES) CASE NO. 30-2016-00889390-CU-MM-CJC GOEDHALS, ) JUDGE GREGORY H. LEWIS DEPT. C26 SPECIAL INTERROGATORIES TO PLAINTIFF, ROBERT P. GOEDHALS, SET ONE (WRONGFUL DEATH) Plaintiffs, VS. N r ” N a r ” a ” a ’ GARDEN GROVE HOSPITAL MEDICAL) CENTER; WEST ANAHEIM MEDICAL) DECLARATION FOR ADDITIONAL CENTER; HARPREET SINGH, M.D.;) DISCOVERY JONATHAN BIRNBAUM, M.D.; SOUTH) COAST EMERGENCY MEDICAL GROUP,) Date Complaint Filed: 11/29/2016 INC.; PRIMEHEALTHCARE MANAGEMENT,) Trial Date: None INC.; TRUE LUU McMAHAN, M.D.; CURTIS) CONVERSE, D.O.; HASSAN MOHAMED) ALKHOULI, M.D.; and DOES 1 through 100,) inclusive, Defendants. N r ” N r ’ N e ” a e ” PROPOUNDING PARTY: Defendant, JONATHAN BIRNBAUM, M.D. RESPONDING PARTY: Plaintiff, ROBERT P. GOEDHALS SET NO.: One Pursuant to California Code of Civil Procedure §2030.010 and §2019.010, please answer fully, under oath, and within 30 days of service of each of the following interrogatories directed to you, plaintiff, ROBERT P. GOEDHALS. I ZI SPECIAL INTERROGATORIES TO PLAINTIFF, SET ONE (BRNBAUM TO ROBERT) S S OO 0X N N Wn B R A W N ND N N ND N N N N N = mm em p m e m em e a em e m © N A Ln BA W N = O V N N N BR W N SPECIAL INTERROGATORY NO. 1: State the decedent’s social security number. [As used herein, the term “decedent” shall be used to mean, Carol Goedhals.] SPECIAL INTERROGATORY NO. 2: State your relationship to the decedent. SPECIAL INTERROGATORY NO. 3: State all contentions upon which you predicate your claim of liability against defendant, Jonathan Birnbaum, M.D. SPECIAL INTERROGATORY NO. 4: State all facts known to you or anyone acting on behalf upon which you base your contentions that defendant, Jonathan Birnbaum, M.D., is legally responsible for the injuries and damages as a result of the incident sued upon herein. [As used herein, the term “Incident” shall be used to mean, the circumstances and events surrounding the alleged accident, injury, or other occurrence giving rise to this action or proceeding. | SPECIAL INTERROGATORY NO. 5: Identify all documents which support your contention of liability against this propounding defendant. [As used herein, the term “identify” shall be used to mean, provide the name, last known address, and last known telephone number of the individual referred to. The term “document” shall be used to mean handwritings, typewriting, transmitting by electronic mail to facsimile, x-rays, and every other means of recording upon any tangible thing, any form of communication or representation, including, letters, words, pictures, sounds, or symbols, or combinations thereof, and any records thereby created, regardless of the manner in which the records has been stored (Evidence Code section 250.)] SPECIAL INTERROGATORY NO. 6: Set forth the date upon which each alleged negligent act or omission on the part of this propounding defendant occurred. SPECIAL INTERROGATORY NO. 7: State the date upon which you received notice of each of the alleged negligent acts or omissions on the part of this propounding defendant, as alleged in the Complaint in this action. 2 SPECIAL INTERROGATORIES TO PLAINTIFF, SET ONE (BIRNBAUM TO ROBERT) A L P OO © 3 O N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPECIAL INTERROGATORY NO. 8: What is the name and address of each undertaker or funeral home which attended to the decedent’s remains? [As used herein, the term “address” shall be used to mean the street, address, including city, state, and zip code.] SPECIAL INTERROGATORY NO. 9: State whether the decedent was buried or cremated, and as to each such burial or cremation, indicate the date and place. SPECIAL INTERROGATORY NO. 10: Itemize all expenses setting forth the identity and amounts incurred in connection with the funeral, burial, cremation or other means of attending to the decedent’s remains. SPECIAL INTERROGATORY NO. 11: State the name and address of each heir surviving the decedent. SPECIAL INTERROGATORY NO. 12: State the decedent’s date and place of birth. SPECIAL INTERROGATORY NO. 13: Set forth a full and complete description of any physical disorder, mental disorder, infirmity, illness or abnormality afflicting the decedent during the ten (10) years prior to and leading up to and including the date of the incident sued upon herein. SPECIAL INTERROGATORY NO. 14: State the name and address of each health care provider consulted by the decedent for the ten (10) years prior to the incident sued upon herein. [As used herein, the term “health care provider shall be used to mean any physician or person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of the Division 2 of the Health and Safety Code; and any clinic, health dispensary, health facility, or hospital, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. (Civil Code section 3333.1(c)(1).)] I" 3 SPECIAL INTERROGATORIES TO PLAINTIFF, SET ONE (BRNBAUM TO ROBERT) S S OO 0 NN O N Wn B R A W N N N N N N N N N N = e m e m be m e m e a em pe pe ee 0 N A A Ln A L N D = O O N O Y R W SPECIAL INTERROGATORY NO. 15: Describe the extent to which the decedent used tobacco for the last ten (10) years prior to the decedent’s death. [As used herein, the term “Describe” shall be used to mean to set forth inclusive dates, time periods, if applicable, places, and any and all omissions or commissions attributed to this propounding defendant. ] SPECIAL INTERROGATORY NO. 16: Describe the extent to which the decedent used alcohol during the last ten (10) years prior to the decedent’s death. SPECIAL INTERROGATORY NO. 17 Describe the nature and quantity of each type of drug or medication taken or used by the decedent during the last ten (10) preceding the decedent’s death. SPECIAL INTERROGATORY NO. 18: What was the age, date and cause of death of each deceased natural parent of the decedent? SPECIAL INTERROGATORY NO. 19: If the decedent contributed to the support of any person during the last ten (10) years prior to the decedent’s death, please identify for each such person, the relationship to the decedent, and the total amount contributed. SPECIAL INTERROGATORY NO. 20: Describe all activities (i.e., hobbies, games, sports, etc.) that you shared with the decedent during the last five (5) years of the decedent’s life. SPECIAL INTERROGATORY NO. 21: Describe the frequency of the contact you had with the decedent during the last five (5) years of the decedent’s life. SPECIAL INTERROGATORY NO. 22: State the extent of the decedent’s education. SPECIAL INTERROGATORY NO. 23: Describe in detail any special or unusual skills, talents, achievements, or abilities of the decedent. 1" 4 SPECIAL INTERROGATORIES TO PLAINTIFF, SET ONE (BIRNBAUM TO ROBERT) = Ww SS OO 0 9 O N Wn 11 12 13 14 15 16 17 18 19 20 21 22 23 24 28 26 27 28 SPECIAL INTERROGATORY NO. 24: What was the decedent’s principal occupation at the time of the incident sued upon herein? SPECIAL INTERROGATORY NO. 25: Describe in detail all occupational training, experience or skill possessed by the decedent. SPECIAL INTERROGATORY NO. 26: Describe in detail the length of time in which the decedent had engaged in the decedent’s occupation prior to the decedent’s death. SPECIAL INTERROGATORY NO. 27: Identify the name, address, telephone number and inclusive dates of employment of the decedent’s employers for the last ten (10) years prior to the decedent’s death. SPECIAL INTERROGATORY NO. 28: State the decedent’s income on an hourly, weekly or monthly basis for each other the decedent’s employers for the last ten (10) years of the decedent’s life. SPECIAL INTERROGATORY NO. 29: State the decedent’s gross annual income for the last ten (10) years preceding the decedent’s death. SPECIAL INTERROGATORY NO. 30: If you are claiming that you incurred medical and/or psychological expenses as a result of the subject incident sued upon herein, please state the specific amount of medical and/or psychological damages being claimed related to this action. SPECIAL INTERROGATORY NO. 31: State the type and amount of any benefits received to date by plaintiff, Robert P. Goedhals, from the Social Security Administration and arising from the death of decedent. SPECIAL INTERROGATORY NO. 32: State the type and amount of any benefits that are expected to be received by plaintiff, Robert P. Goedhals, in the future from the Social Security Administration as arising from the death of decedent. SPECIAL INTERROGATORY NO. 33: State the date of death of decedent. 3 SPECIAL INTERROGATORIES TO PLAINTIFF, SET ONE (BIRNBAUM TO ROBERT) SPECIAL INTERROGATORY NO. 34: State the cause of death listed on the certificate of death of decedent. SPECIAL INTERROGATORY NO. 35: State the cause of death listed in the autopsy report pertaining to decedent. SPECIAL INTERROGATORY NO. 36: State the first date decedent was seen as a patient of defendant, Jonathan Birnbaum, M.D. SPECIAL INTERROGATORY NO. 37: State the last date decedent was seen as a patient of defendant, Jonathan Birnbaum, M.D. SPECIAL INTERROGATORY NO. 38: Did decedent have a last will and testament? SPECIAL INTERROGATORY NO. 39: Had a probate action been filed as a result of the death of decedent? SPECIAL INTERROGATORY NO. 40: In the past ten (10) years, list all surgeries performed on decedent. SPECIAL INTERROGATORY NO. 41: What do you contend defendant, Jonathan Birnbaum, M.D., should have done to avoid the alleged professional negligence in rendering medical care to decedent? The term professional negligence means a negligent act or mission to act by a health care provider in the rendering of profession services, which act or omission is the legal cause of a personal injury or wrongful death. SPECIAL INTERROGATORY NO. 42: How do you contend that the alleged professional negligence of the defendant, Jonathan Birnbaum, M.D., caused the death of decedent? SPECIAL INTERROGATORY NO. 43: Please identify all known liens with respect to decedent’s treatment, that you attribute to these propounding defendant’s negligence, including the amount and the lien holder. SPECIAL INTERROGATORY NO. 44: Please identify the locations of all healthcare providers in which plaintiff has obtained copies of decedent’s medical records. 6 SPECIAL INTERROGATORIES TO PLAINTIFF, SET ONE (8BIRNBAUM TO ROBERT) S S OO 0 NN O0 0 Un B R A W N DN DN DN NN DN N O N N O N e m e m p d p m m m p t p m p b p m b pe 0 N A UL A W N = O V N N N RN W N SPECIAL INTERROGATORY NO. 45: State all contentions upon which you predicate your claim of liability against defendant, Jonathan Birnbaum, M.D. SPECIAL INTERROGATORY NO. 46: State all the facts known to you or anyone acting on your behalf upon which you base your contentions that defendant, Jonathan Birnbaum, M.D., is legally responsible for the injuries and damages as a result of the incident sued upon herein. SPECIAL INTERROGATORY NO. 47: Please state if the decedent received Medicare benefits as a result of the alleged negligence of this propounding defendant. (Note- The following information is requested to comply with the notification requirements of Medicare Secondary Payer Act and the Medicare, Medicaid and SCHP Extension Act of 2007 which require third party payers to comply with statutory notice and recovery efforts undertaken by the Federal Government.) SPECIAL INTERROGATORY NO. 48: Please state decedent’s Medicare Identification Number. SPECIAL INTERROGATORY NO. 49: Please identify all documentation reflecting decedent’s receipt of Medicare benefits as a result of the alleged negligence of this propounding defendant. SPECIAL INTERROGATORY NO. 50: Please state the date decedent first received Medicare benefits as a result of the alleged negligence of this propounding defendant. SPECIAL INTERROGATORY NO. 51: Please state the total amount of bills paid by Medicare which are related to this case. 1 11 7 SPECIAL INTERROGATORIES TO PLAINTIFF, SET ONE (BIRNBAUM TO ROBERT) SS OO 0 N N N nn Bs W N N O N N N N N O N O N D N m m o m m t p t p d p d p d dk p d p e d KR 9 NN nh B A L I N = O V NN D Y N E W N D SPECIAL INTERROGATORY NO. 52: Please itemize all documents reflecting payment of medical bills by Medicare as they relate to this case. SPECIAL INTERROGATORY NO. 53: Please identify all documents reflecting that plaintiff, or anyone acting on plaintiff’s behalf, has submitted a request to CMS or it’s agent for a Medicare lien relating to the treatment of decedent. SPECIAL INTERROGATORY NO. 54: If decedent was eligible for Medicare, please provide the following: (a) Full legal name (b) Social Security Number (c) Gender (d) Date of Birth (e) Residence address (f) The inclusive dates decedent may have received Medicare benefits, and (g) Decedent’s Health Care Identification Number (HCIN) SPECIAL INTERROGATORY NO. 54: State decedent’s full legal name, every name that the decedent ever used, and the dates when each name was used. SPECIAL INTERROGATORY NO. 55: State all facts upon which you base your theory of negligence against defendant, Jonathan Birnbaum, M.D., that this defendant failed to properly treat and care for decedent. SPECIAL INTERROGATORY NO. 56: State all facts upon which you base your theory of negligence against defendant, Jonathan Birnbaum, M.D., that this defendant failed to perform immediate surgery on decedent. SPECIAL INTERROGATORY NO. 57: Identify all violations of the standard of practice by defendant, Jonathan Birnbaum, M.D., that you contend occurred as alleged in your complaint. 11 8 SPECIAL INTERROGATORIES TO PLAINTIFF, SET ONE (BIRNBAUM TO ROBERT) SPECIAL INTERROGATORY NO. 58: When was the last time that you lived full time at the same residence as decedent? SPECIAL INTERROGATORY NO. 59: When was the last date upon which you were dependent upon decedent for financial assistance? SPECIAL INTERROGATORY NO. 60: When was the last date upon which you were a dependent of decedent on his/her tax forms for both the state and federal governments? SPECIAL INTERROGATORY NO. 61: Please identify the number of times per month you would visit decedent for the 24 months immediately preceding her death. SPECIAL INTERROGATORY NO. 62: State the address of the court and case file number where a probate action was filed on behalf of the decedent. SPECIAL INTERROGATORY NO. 63: State the annual earnings of the decedent for the last five years of her life, indicating the amount for each year. SPECIAL INTERROGATORY NO. 64: State the name and address of each employer where the decedent worked for the last five years of her life. Dated: May 9, 2017 BASSETT, DJ XCOE, McMAINS & KARGOZAR | By: TPNY A. DISCOE ALPHONSIE NELSON Attorneys for Defendants, SOUTH COAST EMERGENCY MEDICAL GROUP, INC., and JONATHAN BIRNBAUM, M.D. 9 SPECIAL INTERROGATORIES TO PLAINTIFF, SET ONE (BIRNBAUM TO ROBERT) no S LO 0 NN O N n n A W N N D N D N DN N O N O N O N rm e m m t e t p m md p m p e d p d pe 0 NN A Ln BA W N = O O N N N R R W N DECLARATION FOR ADDITIONAL DISCOVERY I, ALPHONSIE NELSON, hereby declare as follows: 1. I am an attorney at law duly licensed to practice before all the courts in the state of California and am a partner with the law firm of Bassett, Discoe, McMains & Kargozar, counsel of record for defendants, SOUTH COAST EMERGENCY MEDICAL GROUP, INC., and JONATHAN BIRNBAUM, M.D, in the above-entitled action. I have personal knowledge of the facts contained herein, and if called to testify would do so competently. 2. I am propounding to plaintiff, ROBERT P. GOEDHALS, in this action the attached special interrogatories. 3. These interrogatories will cause the total number of special interrogatories propounded to the party to whom they are directed to exceed the number of specially prepared interrogatories permitted by Code of Civil Procedure section 2030.010-2030.740. 4. I have previously propounded no interrogatories to this party. A This set of interrogatories contains a total of 64 specially prepared interrogatories. 6. I am familiar with the issues in the previous discovery conducted by all of the parties in this case. Ze [ have personally examined each of the questions in this set of interrogatories. 8. This number of requests is warranted under Code of Civil Procedure section 2030.010- 2030.740 because the complexity of the existing and potential issues in this particular case as it is too complex for the issues presented to conform to the code section. D. None of the requests in this set of special interrogatories is being propounded for any improper purpose, such as to harass the parties, or the attorney for the parties, to whom it is directed, or to cause unnecessary delay or needless increase in the cost of litigation. I declare under penalty of perjury under the laws of the Stgte of California that the foregoing is true and correct. Executed this yi day of May, 2017, at ) ALPHONSIE NELSON Declarant Ana, California. 10 SPECIAL INTERROGATORIES TO PLAINTIFF, SET ONE (BIRNBAUM TO ROBERT) No S S OO XX NN NN n n B A W N N D N D N N N N O N N N m m e t m t p m p e d md md pe d p e d p d co 93 O N Un bE W N = O 0 NN ON D DER W N PROOF OF SERVICE STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) [ am employed in the County of Orange, State of California. Iam over 18 years of age, and not a party to the within action; my business address is 1551 North Tustin Avenue, Suite 900, Santa Ana, California 92705. On the date below, I served the following document(s): SPECIAL INTERROGATORIES TO PLAINTIFF, ROBERT P. GOEDHALS, SET ONE (WRONGFUL DEATH) on the interested parties in this action on the attached Service List. _X BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed above and placed the envelope for collection and mailing, with postage thereon fully prepaid, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited with the United States Postal Service in the ordinary course of business. I am employed in the county where the mailing occurred. The envelope or package was placed in the mail at Santa Ana, California. BY FAX TRANSMISSION: I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that [ used. A copy of the record of the fax transmission, which I printed out, is attached. BY OVERNIGHT DELIVERY: | enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons listed above. I placed the envelope or package for collection and overnight delivery at an office or a regularly-utilized drop box of the overnight delivery carrier. I declare under penalty of perjury, pursuant to the laws of the State of California that the foregoing is true and correct, and that this proof of service was executed on May _ /Z ,2017, at Santa Ana, California. ( > / NA ANNA M. LEWIS Re: Goedhals v. Garden Grove File No. 43-0119 050917.spec rogs #1 birnbaum to robert.wpd 11 SPECIAL INTERROGATORIES TO PLAINTIFF, SET ONE (BRNBAUM TO ROBERT) S S OV LL NN O N Un BA W N R N A Ln BA W N = O V E N N N D R W N Service List Goehdals v. Garden Grove OCSC Case No. 2016-00889390 File No. 43-0119 Bruce M. Bunch, Esq. Attorneys for Plaintiffs LAW OFFICES OF BRUCE M. BUNCH 200 N. Westlake Blvd., Ste. 204 Westlake Village, CA 91362 818-707-8887; fax 818-707-8884 Douglas A. Amo, Esq. Attorneys for Defendant, Harpreet Singh, MD Frederick James, Esq. SCHMIDT & VOILES 333 City Blvd. W., Ste. 720 Orange, CA 92868 714-940-5555; fax 714-940-5594 12 SPECIAL INTERROGATORIES TO PLAINTIFF, SET ONE (BIRNBAUM TO ROBERT) Exhibit "B" I | a, LAW OFFICES emir MICHAEL L. BASSETT BASSETT, DISCOE, McMAINS & KARGOZAR ERIC S. ELIOT TONY A. DISCOE 1551 NORTH TUSTIN AVENUE, SUITE 900 CHANTELL GONZALEZ-NIEVES LISA J. McMAINS SANTA ANA, CALIFORNIA 92705 LAYNE M. BUKOVSKIS DAVID KARGOZAR TELEPHONE (714) 542-5400 CHRISTINA ELEOPOULOS ALPHONSIE NELSON FACSIMILE (714) 972-2594 & (714) 972-2599 MATTHEW C. SLIMMER WWW BDMKLAW.COM FELICIA L. FLAHIVE STEPHEN E. BUDICA GEOFFREY A. KRAEMER KYLE A. RIDDLES NATHAN E. MALONE September 19, 2017 Via email: bruce@bunchlawyers.com Bruce M. Bunch, Esq. LAW OFFICES OF BRUCE M. BUNCH 200 N. Westlake Blvd., Ste. 204 Westlake Village, CA 91362 Re: Carol Goedhals, ded v. H-South Coast (Dr. Birnbaum) Our File Number: 43-0119 Trial Date: April 2, 2018 Dear Mr. Bunch: Please allow this correspondence to serve as a meet and confer discussion regarding your clients’ overdue discovery responses. Please find below a list of the discovery served on your clients, a list of the responses we have received, and a request that outstanding responses be served within ten days. On or about May 9, 2017, discovery was served by this office upon your clients, Robert and Peter Goedhals. Specifically, Form Interrogatories - Set One, Request for Production of Documents - Set One, Special Interrogatories - Set One, and Requests for Admission - Set One, were served by Jonathan Birnbaum, M.D. on Peter James Goedhals. Additionally, Form Interrogatories - Set One, Request for Production of Documents - Set One, Special Interrogatories - Set One, and Requests for Admission - Set One, were served by Jonathan Birnbaum, M.D. on Robert P. Goedhals. Please also note that on the same date Form Interrogatories - Set One and Requests for Admissions - Set One were served by South Coast Emergency Medical Group, Inc. on Peter James Goedhals. Another set of Form Interrogatories - Set One and Requests for Admissions - Set One were also served by South Coast Emergency Medical Group, Inc. on Robert P. Goedhals. As you may recall, we provided your clients with an extension to June 22, 2017, for the purpose of responding to the discovery. At this time, we have received responses to all of the Requests for Admissions. However, per our conversation with your office on or about September 15, 2017, responses to the remaining discovery were never served. As of the writing of this correspondence, no responses to the remaining discovery have been received. LAW OFFICES BASSETT, DISCOE, McMAINS & KARGOZAR September 19, 2017 Page 2 As a result of the responses being overdue, all objections have been waived. Accordingly, we ask that your office provide your clients’ responses to the outstanding discovery, without objections, within the next ten days. If responses to the outstanding discovery are not received within the next ten days we will be forced to file motions to compel the discovery responses. We hope to avoid taking any such action. However, if such action becomes necessary, we will seek recovery of all associated costs. Thank you for your time, consideration, and anticipated professionalism in resolving this issue. Should you have any questions or wish to discuss this matter further please do not hesitate to give us a call. Sincerely yours, INS & KARGOZAR All Alphonsie.nelson@bdmklaw.com AN:GAK CC: Jonathan Birnbaum, M.D. Jbuffalo99@hotmail.com George Baskevitch, M.D., Medical Director South Coast Emergency Medical Group gbaskev(@cox.net « Kim Blake From: Kim Blake Sent: Wednesday, September 20, 2017 10:51 AM To: '‘bruce@bunchlawyers.com'’ Cc: ‘jbuffalo99@hotmail.com’; 'gbaskev@cox.net’; Medmal Subject: 43-0119 Attachments: SKM_554€17092010410.pdf Goedhals v. Birnbaum, et al. Dear Mr. Bunch: Attached please find our September 19, 2017, correspondence. Thank you. Kimberly A. Blake, Legal Assistant to Stephen E. Budica and Geoffrey A. Kraemer for Tony A. Discoe BASSETT, DISCOE, McMAINS & KARGOZAR 1551 North Tustin Avenue, Suite S00 Santa Ana, CA 92705 kim@bdmklaw.com (714) 542-5400 x 438 (714) 972-2599 or (714) 972-2594-Fax
