Response_to_courts_minute_order_of_march_24_2020

Response

Cal. Super. - 2nd Dist.June 21, 2018

Electronically FILED by Superior Court of California, County of Los Angeles on 03/30/2020 05:40 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Ismael,Deputy Clerk © 0 9 O N hn kA W O N = NN N N N N N N N N m m Em e m e m e m e m p m e d oO NN O N Ln BA W N = O OO N N N R E W I N D = O John F. Denove, CSB #68825 Alicia S. Curran, CSB #187872 CHEONG, DENOVE, ROWELL BENNETT & HAPUARACHY A Law Partnership including Professional Corporations 1925 Century Park East, Suite 800 Los Angeles, California 90067 (310) 277-4857 Fax No.: (310) 277-5254 Email: firm @cdrbh.com Attorneys for Plaintiffs, LESLIE CARPENTER and ADAM CARPENTER SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES LESLIE CARPENTER; ADAM CASE NO. BC711085 CARPENTER, Assigned to Dept. SS-31 Plaintiffs, PLAINTIFE’S RESPONSE TO Vv. COURTS MINUTE ORDER OF MARCH 24, 2020; PROVIDENCE SAINT JOHN’S HEALTH DECLARATION OF ALICIA S. CENTER; SARA KLEVENS, M.D.; and CURRAN DOES 1 through 100, inclusive, Defendants. Complaint Filed: 6-21-18 Trial Date: 6-23-20 Plaintiffs, LESLIE CARPENTER and ADAM CARPENTER, submit the following in response to the Court’s Minute Order of March 24, 2020 which continued the hearing for the Motion for Summary Judgment of Defendant Sarah Klevens, M.D. from April 2, 2020 to May 1, 2020, but ordered that any Opposition or Reply deadlines remain with the original hearing date. 1. On March 18, 2020 (before the date the original Opposition was due), Plaintiffs and moving Defendant entered into a Stipulation to move the hearing date for Defendant Sara Klevens, M.D.’s Motion for Summary Judgment (Res ID No. 784138078030) to May 8, 2020, with opposition, reply and evidentiary objection deadlines to correspond to the new hearing date. Attached hereto as Exhibit “1" is a true H:\_C\Carpenter\Plead\Response to Minute Order.wpd 1 JFH PLAINTIFF'S RESPONSE TO COURTS MINUTE ORDER OF MARCH 24, 2020; DECLARATION OF ALICIA S. CURRAN © 0 9 O N hn kA W O N = NN N N N N N N N N m m Em e m e m e m e m p m e d oO NN O N Ln BA W N = O OO N N N R E W I N D = O and correct copy of the Stipulation. The Stipulation was filed on or about March 18, 2020. Attached hereto as Exhibit “2" is a true and correct copy of the e-file confirmation. In reliance on the Stipulation and the agreement of Defendant to continue the hearing on the Motion for Summary Judgment, Plaintiffs did not file an Opposition to the Motion for Summary Judgment and intended to file the Opposition on the date that corresponded to the new hearing date. 2s The parties also entered into a Stipulation to continue the trial date from June 23, 2020 to October 27, 2020. Attached hereto as Exhibit “1" is a true and correct copy of the Stipulation. 3. Based on the agreement, the filing of the attached stipulation, and the COVID-19 pandemic and associated Court closures, the parties did not go in ex parte to move the hearing. Further, Plaintiffs’ counsel’s assistant had been in contact with the clerk prior to the court’s closures and was informed that the hearing on the Motion for Summary Judgment could be moved by Stipulation. 4. Plaintiffs have a medical expert and will submit a declaration from said expert in opposition to the Motion for Summary Judgment. Further, the deposition of Mark Surrey, M.D. has been noticed for April 8, 2020. Dr. Surrey will provide testimony related to plaintiff's damages which are at issue in this matter. While Plaintiffs have no objection to the hearing being moved to May 1, 2020 instead of the stipulated date of May 8, 2020, Plaintiff’s respectfully submit that the opposition, reply and evidentiary objection dates should correspond with the new hearing date, and request that the Court so order. Dated: March 30, 2020 CHEONG, DENOVE, ROWELL BENNETT & HAPUARACHY By: . : Alicia S, Curran Attorney for Plaintiffs, LESLIE CARPENTER and ADAM CARPENTER H:\_C\Carpenter\Plead\Response to Minute Order.wpd 2 JFH PLAINTIFF'S RESPONSE TO COURTS MINUTE ORDER OF MARCH 24, 2020; DECLARATION OF ALICIA S. CURRAN © 0 9 O N hn kA W O N = NN N N N N N N N N m m Em e m e m e m e m p m e d oO NN O N Ln BA W N = O OO N N N R E W I N D = O DECLARATION OF ALICIA S. CURRAN I, ALICIA S. CURRAN, declare: I. I am an attorney licensed to practice law in all courts of the State of California and am an associate with the law firm of Cheong, Denove, Rowell, Bennett & Hapuarachy, attorneys of record for plaintiff herein. All facts stated in this declaration are based on personal knowledge, except those that may be stated on information and belief. If called upon as a witness, I would testify as follows: 2. In response to COVID-19 orders, I corresponded with defense counsel starting Monday, March 16, 2020 about moving the hearing date on Defendant’s Motion for Summary Judgment as well as the deadline for opposition, reply and evidentiary objections. Defendants’ counsel, Christopher Wend, agreed to move the hearing date and agreed that the deadlines for opposition, reply and evidentiary objections would be moved to correspond to the new hearing date. Plaintiff's counsel assistant called the clerk for Dept. 31 and was advised that we could move the hearing by stipulation. Parties entered into a stipulation to that effect. 3. Plaintiffs have retained an expert OB/GYN and will be submitted a declaration from that expert in opposition to Defendant’s Motion. In reliance on the agreement between the parties and the filed Stipulation, Plaintiffs did not file the opposition and intended to file the Opposition based on the continued hearing date. 4. Attached hereto as Exhibit “1" is a true and correct copy of the Stipulation. 6. Attached hereto as Exhibit “2" is a true and correct copy of the e-file confirmation of the Stipulation dated March 18, 2020. 7. As of today, the Court docket does not reflect the filing of the Stipulation. I] I] I] H:\_C\Carpenter\Plead\Response to Minute Order.wpd 3 JFH PLAINTIFF'S RESPONSE TO COURTS MINUTE ORDER OF MARCH 24, 2020; DECLARATION OF ALICIA S. CURRAN © 0 9 O N hn kA W O N = NN N N N N N N N N m m Em e m e m e m e m p m e d oO NN O N Ln BA W N = O OO N N N R E W I N D = O 8. On Friday March 27, 2020, I received Notice of the new hearing date but also of the Order by the Court that any responsive deadlines would not be moved to correspond to the new hearing date. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 30th day of March 2020 at Los Angeles, California. H:\_C\Carpenter\Plead\Response to Minute Order.wpd Alicia S. Curran 4 JFH PLAINTIFF'S RESPONSE TO COURTS MINUTE ORDER OF MARCH 24, 2020; DECLARATION OF ALICIA S. CURRAN Exhibit 1 OO 0 9 O N wn BRE W N = LA F O L L E T T E , J O H N S O N , D e H A A S , F E S L E R & A M E S NY No ND No No No No No —_ p— — — p— — — — — —_ ~ J AN Wn ES N Ww N o J d OO \ O 0 ~~ AN Wn SS Ww No — oO 28 \\jdfalaapp1\d RECEIVED Christopher P. Wend, State Bar No. 192948 Julie Pollock Birdt, State Bar No. 185529 MAR 29 2020 LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES , | 865 South Figueroa Street, 32nd Floor CHEONG, DEM e ROWELL 5 BENGE Los Angeles, California 90017-5431 Telephone (213) 426-3600 Facsimile (213) 426-3650 Attorneys for Defendant, SARA KLEVENS, M.D. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES - CENTRAL DISTRICT LESLIE CARPENTER; ADAM CASE NO.: BC711085 CARPENTER, Assigned for All Purposes To: Hon. Marc D. Gross Plaintiffs, Dept. "31" vs. STIPULATION TO CONTINUE MSJ HEARING DATE AND TRIAL DATE PROVIDENCE SAINT JOHN'S HEALTH CENTER; SARA KLEVENS, M.D.; and MSJ Reservation ID: 784138078030 DOES 1 through 100, inclusive, Defendants. TRIAL DATE: June 23, 2020 ACTION FILED: June 21, 2020 ocuments\154 .40400\0132- Amend IT IS HEREBY STIPULATED AND AGREED BY ALL PARTIES HERETO, through their respective attorneys of record, that the Motion for Summary Judgment by Defendant Sara Klevens, M.D. set for hearing on April 2, 2020 in Dept. 31 at 1:30 p.m. be continued to May 8, 2020 in Dept. 31 at 1:30 p.m. The Reservation number for the Motion for Summary Judgment is 784138078030. The Opposition, Reply and Evidentiary Objection deadlines for the MSJ are continued to correspond to the new hearing date. Moreover, it is also hereby stipulated and agreed by all parties hereto that the Final Status Conference date of June 11, 2020 and Trial Date of June 23, 2020, be continued approximately four (4) months, to on or about FSC on October 15, 2020, and Trial Date on October 27, 2020, or to dates convenient to the Court and parties. I -1- STIPULATION TO CONTINUE MSJ AND TRIAL DATES H L ND OO 0 NN S Y Wn 10 11 12 13 14 15 16 17 LA FO LL ET TE , J O H N S O N , De HA AS , F E S L E R & A M E S 18 19 20 21 22 23 24 25 26 27 28 \jdfalaapp1\d ocuments\154 .40400\0132- jpb-pld-stip to Ammiimern dae All parties hereby similarly stipulate that all accompanying discovery and other cut-off dates be continued to coincide with the new trial date. Good Cause exists for the requested stipulated continuance as the parties have not finished conducting discovery, obtaining medical records, deposing experts, etc. Although the action has been pending for more than a year since it was filed, it would be prejudicial to have to have the Motion for Summary Judgment and Trial go forward where there is limited ability to conduct discovery, obtain medical records, depose medical providers, etc. during the COVID 19 situation. It is agreed that this Stipulation may be executed simultaneously in one or more counterparts, each of which shall be considered an original, but all of which together shall constitute one and the same instrument. Dated: March 18,2020 CHEONG, DENOVE, ROWELL, BENNETT & HAPUARACHY By: EA ALICIA S. CURRAN Attorneys for Plaintiff, LESLIE AND ADAM CARPENTER Dated: March /&,2020 1 QI ftorneys for Defendant, SARA KLEVENS, M.D. IT IS THEREFORE ORDERED. DATED: Hon. Judge of the Superior Court 22 STIPULATION TO CONTINUE MSJ AND TRIAL DATES LA F O L L E T T E , J O H N S O N , D e H A A S , F E S L E R & A M E S H O W OO 0 NN O y W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE - 1013a, 2015.5 C.C.P. STATE OF CALIFORNIA ] 1] ss. COUNTY OF LOS ANGELES ] I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is LA FOLLETTE, J OHNSON, DeHAAS, FESLER & AMES, 865 South Figueroa Street, 32nd Floor, Los Angeles, California 90017-5431. On March 18, 2020, I served the foregoing document described as STIPULATION TO CONTINUE MSJ HEARING DATE AND TRIAL DATE on the interested parties in Re Leslie Carpenter, et al. v. Providence Saint John's Health Center, et al., Court Case No. BC711085, Our Matter No. 158.40400 CPW, by placing a true copy thereof enclosed in a sealed envelope addressed as follows: John F. Denove, Esq. Alicia S. Curran, Esq. CHEONG, DENOVE, ROWELL, BENNETT & HAPUARACHY 1925 Century Park East, #800 Los Angeles, CA 90067 Phone: (310) 277-4857 Fax: (310) 277-5254 Email: firm@cdrb-law.com Attorneys for Plaintiffs, LESLIE CARPENTER and ADAM CARPENTER Richard D. Carroll, Esq. Jennifer A. Cooney, Esq. Carroll, Kelly, Trotter, Franzen & McBride P.O. Box 22636 Long Beach, CA 90801 Phone: (562) 432-5855 Fax: (562) 432-8785 Email: rdcarroll@cktfmlaw.com Attorneys for Defendant, PROVIDENCE SAINT JOHN HEALTH CENTER XX BY MAIL: I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Los Angeles, California. Iam “readily familiar” with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. vs of the State of California that the above is true I declare under penalty of perjury under the and correct. Executed on March 18, 2020, at Los Angele =1= PROOF OF SERVICE Exhibit 2 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Branch Name: Spring Street Courthouse Mailing Address: 312 North Spring Street City, State and Zip Code: Los Angeles CA 90012 SHORT TITLE: LESLIE CARPENTER ET AL VS PROVIDENCE SAINT JOHNS HEALTH CASE NUMBER: CENT BC711085 NOTICE OF CONFIRMATION OF ELECTRONIC FILING The Electronic Filing described by the below summary data was reviewed and accepted by the Superior Court of California, County of LOS ANGELES. In order to process the filing, the fee shown was assessed. Electronic Filing Summary Data Electronically Submitted By: Legal Connect Reference Number: 3122380 2020 03 18 19 14 57 674 6 Submission Number: 20LA02034839 Court Received Date: 03/18/2020 Court Received Time: 12:16 pm Case Number: BC711085 Case Title: LESLIE CARPENTER ET AL VS PROVIDENCE SAINT JOHNS HEALTH CENT Location: Spring Street Courthouse Case Type: Civil Unlimited Case Category: Medical Malpractice - Physicians & Surgeons Jurisdictional Amount: Over $25,000 Notice Generated Date: 03/18/2020 Notice Generated Time: 2:53 pm Documents Electronically Filed/Received Status Stipulation and Order (name extension) Accepted Comments Submitter's Comments: Clerk's Comments: Electronic Filing Service Provider Information Service Provider: Legal Connect Contact: Legal Connect Phone: (800) 909-6859 NOTICE OF CONFIRMATION OF FILING © 00 NN O N Ln B A W N = N N N N N N N N N ND O N o m e m e m e m p m p m p m p m c o NN O N Ln BRA W I N D = OO O N D N R E W I N D = O PROOF OF SERVICE Case Name: Carpenter v. Providence St. John’s Case Number: BC711085 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of eighteen years and not a party to the within entitled action; my business address is 1925 Century Park East, Suite 800, Los Angeles, California 90067. Email: firm @cdrbh.com On March 30, 2020, I caused the documents described as PLAINTIFF’S RESPONSE TO COURTS MINUTE ORDER OF MARCH 24, 2020; DECLARATION OF ALICIA S. CURRAN to be served on the interested parties in said action as follows: X by placing [] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: SEE ATTACHED SERVICE LIST BY MAIL: I sealed and placed such envelope for collection and mailing to be deposited in the mail on the same day in the ordinary course of business at Los Angeles, California. The envelope was mailed with postage thereon fully prepaid. I am readily familiar with this firm’s practice of collecting and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. BY OVERNIGHT COURIER: I caused such envelope to by placed for collection and delivery on this date in accordance with standard delivery procedures. BY FAX: In addition to service by mail, I transmitted a copy of the foregoing document(s) this date via telecopier to the facsimile numbers shown below. BY ELECTRONIC MAIL: The foregoing document(s) was transmitted to the interested parties through electronic transmission, to the email address(es) listed below (CCP §1010.6 (a), CRC 2.251). BY PERSONAL SERVICE: I personally delivered such envelope by hand to the offices of the addressee(s). [State] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. [Federal] I declare under penalty of perjury that the foregoing is true and correct. 1 am employed in the office of a member of the bar of this court, at whose direction the service was made. Executed on March 30, 2020, at Los Angeles, Californ JAN HANSEN /* PROOF OF SERVICE © 00 NN O N Ln B A W N = N N N N N N N D N N N m e m e m e m p m e m e m e m e m pe c o NN O N Ln BRA W I N D = OO O N D N R E W I N D = O PROOF OF SERVICE Case Name: Carpenter v. Providence St. John’s Case Number: BC711085 SERVICE LIST David J. Ozeran, Esq. Attorneys for Defendant SARA Christopher P. Wend, Esq. KLEVENS, M.D. LaFOLLETTE, JOHNSON, DeHAAS, (213) 426-3600 (O) FESLER & AMES (213) 426-3650 (F) 865 S. Figueroa Street, 32™ Floor dozeran @ljdfa.com Los Angeles, CA 90017 cwend @ljdfa.com TEMPORARY EMAILS TO USE dozeran@ljdfa.com DURING CORONAVIRUS (COVID- cwend @ljdfa.com 19) PANDEMIC ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the persons at the e-mail address(es) listed above based on notice provided, during the Coronavirus (COVID-19) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. PROOF OF SERVICE