KING v. COMPPARTNERSAppellants’ Request for Judicial NoticeCal.February 15, 2017$232197 IN THE SUPREME COURT FOR THE STATE OF CALIFORNIA SUPREME COURT KIRK KING, SARA KING, FILED Plaintiffs, Respondents FEB 15 2017 Vv. Jorge Nava rrete Clerk COMPPARTNERS,INC. and NARESH SHARMA,M.D., Deputy Defendants, Petitioners. Court of Appeal Fourth District, Division Two No. E063527 Riverside Superior Court No. RIC 1409797 (Hon.Sharon J. Waters) REQUEST FOR JUDICIAL NOTICE LAW OFFICES OF PATRICIA A. LAW ARIAS & LOCKWOOD Patricia A. Law (SBN: 163661) Christopher D. Lockwood (SBN:110853) Jonathan A. Falcioni (SBN: 293405) 1881 S. Business Center Drive, Suite 9A 10837 Laurel St. Suite 101 San Bernardino, CA 92408 Rancho Cucamonga, CA 91730 Phone: (909) 890-0125 Phone: (951) 683-8320 Fax: (909) 890-0185 Fax: (951) 683-8321 Christopher.Lockwood@ jon@palfirm.com AriasLockwood.Com Attorneys for Plaintiffs/Respondents KIRK KING and SARA KING $232197 IN THE SUPREME COURT FOR THE STATE OF CALIFORNIA KIRK KING, SARA KING, Plaintiffs, Respondents V. COMPPARTNERS, INC. and NARESH SHARMA,M_D., Defendants, Petitioners. Court of Appeal Fourth District, Division Two No. E063527 Riverside Superior Court No. RIC 1409797 (Hon. Sharon J. Waters) REQUEST FOR JUDICIAL NOTICE LAW OFFICES OF PATRICIA A. LAW ARIAS & LOCKWOOD Patricia A. Law (SBN: 163661) Christopher D. Lockwood (SBN: 110853) Jonathan A. Falcioni (SBN: 293405) 1881 S. Business Center Drive, Suite 9A 10837 Laurel St. Suite 101 San Bernardino, CA 92408 Rancho Cucamonga, CA 91730 Phone: (909) 890-0125 Phone: (951) 683-8320 Fax: (909) 890-0185 Fax: (951) 683-8321 Christopher.Lockwood@ jon@palfirm.com AriasLockwood.Com Attorneys for Plaintiffs/Respondents KIRK KING and SARA KING Plaintiffs/respondents recently became aware of a pending accusation against Dr. Sharma before the Medical Board of California which is directly relevantto the issues presented by this case. The accusation doesnot include patient names, but the facts stated in the accusation are obviously based on the facts of this case. Plaintiffs request the Court to take judicial notice of the accusation. The accusation is a matter of public record and was obtained from the website of the Medical Board of California. (See the attached declaration) The pending accusation is relevant to several issues: 1. It shows that the Medical Board of California considersutilization review to be the practice of medicine. 2. It supports Plaintiffs’ contentions concerning Dr. Sharma. The accusation includes: F. Respondent only lookedat a few of K.K.’s medical recordsin reaching his decision. If he had done a comprehensive evaluation, he would have had a better understanding of K.K’s complex psychiatric history. Respondent’s performanceofthe Utilization Review was an extreme departure from the standard of care. G. Respondent, an anesthesiologist, had no specific mental health training. Thus, it was an extreme departure from the standard of care for him to review the mental health treatment of K.K. H. Discontinuing benzodiazepines without tapering was an extreme departure from the standard of care. The standard of care is to taper off these medications, and it is a well knownside effect that abrupt discontinuation can cause seizures. DATED:February 10, 2017 ARIAS AND LOCKWOOD Christopher D. Lockwood Attorneys for Plaintiffs N O DECLARATION OF JONATHANA. FALCIONI I, Jonathan A. Falcioni, declare: 1. lam an associate with the Law Office of Patricia A. Law, which is co- counselof record for plaintiffs/respondents Kirk King and Sara King. I makethis declaration of my own personal knowledge, andif called as a witness could testify to the following: 2. On or about January 28, 2017 I was provided by another attorney who contacted my office about filing an amicus curiae brief with a copy of the accusation for whichjudicial notice is sought. Prior to that date ] was not aware of the accusation. I provided the accusation to my co-counsel, Mr. Lockwood. I declare under penalty ofperjury that the foregoing is true and correct. Executed in the County of San Bernardino onKebruary ai 2017. ee Jonahthan A{FAlcioni DECLARATION OF CHRISTOPHER D. LOCKWOOD I, Christopher D. Lockwood,declare: I am a partner with Arias & Lockwood, which is co-counsel of record for plaintiffs/respondents Kirk King and Sara King. I make this declaration of my own personal knowledge, and if called as a witness could testify to the following: 1. I first learned of the existence of the accusation against Dr. Sharma on February 1, 2017 from myco-counsel, Jon Falcioni. I then reviewed the website for the Medical Board of California. Attached hereto are true and correct copies of three printouts I obtained from the website: the license details page for Dr. Sharma, the Administrative Disciplinary Actions page I obtained by clicking on a link on the license details page, and the accusation whichI obtained by clicking on the link on the Administrative Disciplinary Actions page. I declare under penalty of perjury that the foregoing is true and correct. Executed in the County of San Bernardino on February 10, 2017. CLK) Christopher D. Loekwood Abou Brebze FAO's Skip.navigation License Details The Department of Consumer Affairs encourages youtoverify the license statuses of any licensees that may appearin a ‘Related License’ section below. You can verify these licensees by selecting 'New Search’ and conducting a newsearch using the ‘Search by Personal or Business Name’ option. Please notethatthe ‘Related License’ section will only appear beiow if this licenseis related to anoiherlicense. Notall licensees have a r elated license. If the License Details below include ‘Date of Graduation’, the month and date of graduation may not be available. in thi s instance it will be displayed as ‘O1/01/YYYY' where YYYY represents the year of graduation. Please note that notail license types disclose ‘Date of Graduatio n’ on the License Deiails screen. Press "Previous Record"to dispiay the previous license. Press "Next Record"to display the next license. Press "Search Results" to return to the Search Resultslist. Press "New Search Criteria” te do another searchofthis type. Press "New Search”to start a new search. License Number: 68991 Current Date: 02/10/2017 11:19 AM Name: SHARMA, NARESH DURGAPRASAD License Type: Physician and Surgeon A License Status: License Renewed & Current Secondary Status: Accusation Filed Expiration Date: 02/28/2019 School Name: INA6S - GUJARAT UNIVERSITY, N. H. L. MUNICIPAL MEDICAL COLLEGE Date of Graduation: 03/29/1975 Original Issuance Date: 06/24/1999 Addresses Address of Record (Required) Address 3 BRENNER COURT SOMERSET, NJ SOMERSET 08873 United States View on a map Survey Information The following information is self-reported bythe licensee and has not been verified by the Board. Are youretired? No Activities in Medicine Patient Care - 40+ Hours Teaching - 1-8 Hours Patient Care Practice Location Zip: 11203 County: OUT OF STATEPatient Care Secondary Practice Location NotidentifiedTeiemedicine Practice Location NotidentifiedTelemedicine Secondary Practice Location Notidentified Current Training Status Not in Training Areas of Practice Anesthesiology - Primary Pain Medicine - Secondary Board Certifications American Board of Anesthes iology - Anesthesiology Postgraduate Training Years Notidentified Cultural Background Declined to Disclose Foreign LanguageProficiency Declined to Disclose Gender Declined to Disclose Public Record Actions Administrative Disciplinary Actions Found (1) Court Order None found Nane found MisdemeanorConviction Probationary License None found Felony Conviction None found Maipractice Judgment Nonefound Hospital Disciplinary Action None found License Issued with Public Letter of Reprimand (Non-Disciplinary) None found Administrative Citation Issued None found Administrative Action Taken by Other State or Federal Government None found Arbitration Award None found None found Maipractice Settlements Previous Record Wext Record Search Results New Search Criteria Print Skipnavigation Lagor| Conte License Details - Public Record Actions - Administrative Disciplinary Actions Press "Back" to return to the previous screen. Name: License: Case Number: Description: Effective Date: Document URL: SHARMA, NARESH DURGAPRASAD A 68991 04 2013235458 ACCUSATIONFILED. THE PHYSICIAN HAS NOT HAD A HEARING OR BEEN FOUNDGUILTY OF ANY CHARGES. 02/03/2016 htto:/Awww2.mbe.ca.gov/BreezePDLidefault.aspx? licenseType=AB&licenseNumber=68991&name=SHARMA, NARESH DURGAPRASAD Back Back to Top | Conditions of Use | Privacy Polic y | Access:bility Copyright © 2045 State of California t N t d FILED KAMALA D. Harris STATE OF CALIFORNIA Attorney General ofCalifornia MEDICAL BOARD OF CALIFORNI A Li. A. JonesLl SACRAMENTO Lexun® te Supervising Deputy Attorney General pyCie dew T ANALYSTed CinpyM. Lopez Deputy Attorney General State Bar No. 119988 California Department ofJustice 300 So. Spring Street. Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-7373 Facsimile: (213) 897-9395 Attorneysfor Complainant BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMERAFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Case No. 04-2013-235458 NARESH D. SHARMA, M.D. 3 Brenner Court Somerset, NJ 08873 ACCUSATION Physician's and Surgeon's Certificate No. A68991, Respondent. Complainantalleges: PARTIES 1. Kimberly Kirchmeyer (Complainant) brings this Accusation solelyin her official capacity as the Executive Director ofthe Medical Board of California, Department of Consumer Affairs (Board). 2 Onorabout June 24, 1999. the Medical Board issued Physician's and Surgeon's Certificate Number A68991 to Naresh D. Sharma, M.D. (Respondent). The Physician's and Surgeon's Certificate was in full force and effectat all times relevant to the charges brought herein and will expire on February 28. 2017, unless renewed. JURISDICTION 3. This Accusation is brought before the Board, under the authority of the following ] (NARESH D. SHARMA, M.D.) ACCUSATION NO. 04-2013-235458 t o o s ) t n laws. All section references are to the Business and Professions Code unless otherwise indicated. 4. Section 2227 of the Code provides that a licensee whois found guilty under the Medical Practice Act may havehis or herlicense revoked. suspended for a period not to exceed one year, placed on probation and required to paythe costs of probation monitoring. or such other action taken in relation to discipline as the Board decmsproper. 5. Section 2234 of the Code, states: “The board shall take action against any licensee whois charged with unprofessional conduct. In addition to other provisionsofthis article, unprofessional conduct includes, but is not limited to, the following: “(a) Violating or attempting to violate. directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision ofthis chapter. “(b) Gross negligence. “(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions. Aninitial negligent act or omission followed bya separate and distinct departure from the applicable standard of care shall constitute repeated negligentacts. “(1) An initial negli gent diagnosis followed byan act or omission medically appropriate for that negligent diagnosis ofthe patient shall constitute a single negligent act. “(2) When the standard ofcare requires a change in the diagnosis, act, or omission that constitutes the negligent act described in paragraph (1), including, but notlimited to. a reevaluation of the diagnosis or a change in treatment, and the licensee's conduct departs from the applicable standard ofcare, each departure constitutes a separate and distinct breach ofthe standard ofcare. *“(d) Incompetence. “(e) The commissionofanyact involving dishonesty or corruption whichis substantially related to the qualifications, functions. or duties of a physician and surgeon. “(f) Anyaction or conduct which would have warranted the denial ofa certificate. “() The practice of medicine fromthis state into anotherstate or country without meeting 4 (NARESHD. SHARMA. M.D.) ACCUSATION NO, 04-2013-235458 a d i n 6 the legal requirements ofthat state or countryforthe practice of medicine. Section 2314 shall not applyto this subdivision. This subdivision shall become operative upon the implementationofthe proposedregistration program described in Section 2052.5. “(h) The repeated failure bya certificate holder. in the absence of good cause. to attend and participate in an interviewbythe board. This subdivision shall only applyto a certificate holder whois the subject of an investigation by the board.” FIRST CAUSE FOR DISCIPLINE (Gross Negligence) 6. Respondent Naresh D. Sharma, M.D.is subject to disciplinary action under section 2234, subdivision (b), in that he was grossly negligent in his care and treatment of patient K.K. The circumstances are as follows: A. Patient K.K. suffered a back injury at work in 2008. That year K.K. hada microdiscectomy. whichis a spine surgeryintendedto take pressure offthe nerves and relieve back pain. However, five monthsafter the surgery he had issues with the disc again. He became depressed becauseofthe difficulties he was having with his injury. B. Dr. L., a psychiatrist, started treating patient K.K. for depression, anxiety, and sleeplessness. K.K. was diagnosed with Adjustment Disorder With Mixed Anxiety and Depressed Mood. He was prescribed Wellbutrin. MS Contin, Norco. Xanax, and Ambien. C. In July 2013, Respondentdid a Utilization Review, which is used in Workers’ Compensation cases to determine whethertreatment ts medically necessary. Respondent attempted to call K.K.*s psychiatrist, Dr. L. a fewtimes, but it was over the July 4 holiday weekend. Respondent never spoketo Dr. L. prior to makinghis final decision. D. Respondent denied coverage for Klonopin, Xanax, and Ambien. and cut in halfthe dosage for the Wellbutrin. After K.K. abruptly stopped taking the medications, he had his first seizure on August 7, 2013. The next week on August 14, he had his second seizure and was taken to the Kaiser ER. The next day. on August 15, he had his third 3 (NARESH D. SHARMA, M.D.) ACCUSATION NO. 04-2013-235458 PRAYER 2 WHEREFORE. Complainant requests that a hearing be held on the matters herein alleged , 3 || and that following the hearing. the Medical Board of California issue a decision: 4 1. Revoking or suspending Physician's and Surgeon's Certificate Number A68991, 5 ||issued to Naresh D. Sharma, M.D.. 6 2 Revoking, suspending or denying approval of Naresh D. Sharma, M.D.'s authorityto 7 || supervise physician assistants, pursuant to section 3527 ofthe Code; 8 3. Ordering Naresh D. Sharma, M.D., if placed on probation,to paythe Board the costs 9 of probation monitoring; and 10 4, Taking such other and further action as deemed necessary and proper. : Lal ul12 DATED: _pepruary 3, 2016 tell Wy KIMBERLYKYRCHMEYVER id 13 Executive Director Medical Board of California 14 Department of ConsumerAffairs State of California 15 Complainant 16 LA2015603739 17 |)61827340.doca (NARESH D. SHARMA. M.D.) ACCUSATION NO. 04-201 3-235458 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO I am employed in the County of San Bernardino, State of California. I am over the age of 18 and not a party to the within action. Mybusiness addressis 1881 S. Business Center Drive, Suite 9A, San Bernardino, California 92408. On February 13, 2017, I served the following document described as REQUESTFOR JUDICIAL NOTICEonall interested parties in this action by placing [X] true copy of [ ] the original thereof enclosed in sealed envelopes addressed as follows: SEEATTACHED SERVICE LIST [X ] (BY MAIL, 1013a, 2015.5 C.C.P.) I am readily familiar with the firm’s [ ] [] [X] practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same date with postage thereon fully prepaid at San Bernardino, California in the ordinary course of business. I am aware that on motion ofthe 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. (BY FACSIMILE) The facsimile machine I used complied with Rule 2003(3) and no error was reported by the machine. Pursuant to Rule 2008(e)(4), I caused the machineto print a record of the transmission.I transmitted a copyof the foregoing documents this date via telecopier to the facsimile numbers shown above. By PERSONAL/HAND DELIVERY:I caused a true copy ofsaid document(s) to be hand-delivered to the addressee(s) via a California registered process server pursuant to C.C.P. §1011. By FEDERAL EXPRESS:I caused said document(s) to be deposited in a box or other facility regularly maintained by the express service carrier providing overnight delivery pursuant to C.C.P. §1013(c) on that same date at San Bernardino, California in the ordinary course of business. (STATE) I declare under penalty of perjury under the laws of the State of California that the abovets true and correc Executed on February 13, 2017, at San Beriyaydino, Cal pe Sharvonne R/Sulzle 7 PARTY ATTORNEY Kirk King: Plaintiff and Appellant Sara King : Plaintiff and Appellant Jonathan Alan Falcioni, Esq. Patricia A. Law, Esq. Law Offices of Patricia A. Law 10837 Laurel Street. Suite 101 Rancho Cucamonga, California 91730 CompPartners, Inc. : Defendant and Respondent William D. Naeve, Esq. Terry L. Kesinger, Esq. Murchison & Cumming, LLP 18201 Von Karman Avenue, Suite 1100 Irvine, California 92612 Fred Anthony Rowley,Jr., Esq. Jeffrey Y. Wu, Esq. MungerTolles & Olson LLP 355 South Grand Avenue, 35th Floor Los Angeles, California 90071-1560 Joshua S. Meltzer Munger Tolles & Olson LLP 560 Mission Street, 27th Floor San Francisco, California 94105 Naresh Sharman : Defendant and Respondent William D. Naeve, Esq. Terry L. Kesinger, Esq. Murchison & Cumming, LLP 18201 Von Karman Avenue,Suite 1100 Irvine, California 92612 California Workers' Compensation Institute : Pub/Depublication Requestor Michael Aaron Marks Law Offices of Allweiss & McMurtry 18321 Ventura Boulevard, Suite 500 Tarzana, California 92316 California Applicant Attorneys’Association : Amicus curiae Bernhard Daniel BaltaxeSmith & Baltaxe, LLP825 Van Ness Avenue, Suite 502San Francisco, California 94109 California Chamber of Commerce: Amicus curiae California Association of Joint Powers Authorities : Amicus curiae Ellen Sims Langille, Esq. Randall G. Poppy, Esq. Finnegan, Marks, Theofel & Desmond P.O.Box 478011 San Francisco, California 94147-8011 Albertsons Safeway: Pub/Depublication Requestor Schools Insurance Authority: Pub/Depublication Requestor California Self-Insurers Association: Pub/Depublication Requestor American Insurance Association : Pub/Depublication Requestor California Coalitionon Workers’ Compensation : Pub/Depublication Requestor California Landscape Contractors Association : Pub/Depublication Requestor Employers Group : Pub/Depublication Requestor ACIC Property Casualty Insurers Association : Pub/Depublication Requestor GrimmwayEnterprises, Inc.: Pub/Depublication Requestor Ellen Sims Langille Finnegan Marks Theofel & Desmond P.O. Box 478011 San Francisco, California 94147-8011 National Association of Independent Review Organizations : Amicuscuriae ExamWorks, Inc. : Amicus curiae Raul L. Martinez, Esq.Lewis Brisbois Bisgaard & Smith,LLP633 West 5th Street, Suite 4000Los Angeles, California 90071 Coventry Health Care Workers Compensation, Inc. : Amicus curiae David Didier Johnson, Esq. Crowell & Moring, LLP Three Embarcardero Center, Suite 2600 San Francisco, California 94111 County of Los Angeles : Amicus curiae Derrick M. Au, Esq. Office of the County Counsel County of Los Angeles 350 S. Figueroa Street, Suite 601 Los Angeles, California 90071 California Workers' Compensation Institute : Amicus curiae American Insurance Association: Amicus curiae Michael A. Marks, Esq. Law Offices of Allweiss & McMurtry 18321 Ventura Boulevard, Suite 500 Tarzana, California 91356 The National Council of Self-Insurers : Amicus curiae Property Casuality Insurers Association ofAmerica (PCI) : Amicuscuriae Randall G. Poppy, Esq. Finnegan, Marks, Theofel & Desmond P.O. Box 478011 San Francisco, California 94147-8011 The Civil Justice Association of California : Amicus curiae Fred J. Hiestand, Esq. Attorney at Law 3418 Third Avenue,Suite 1 Sacramento, California 95817 George Parisotto : Amicuscuriae Mi K Kim Departmentof Industrial Relations Office of the Director, Legal Unit 1515 Clay Street, Suite 701 Oakland, California 94612 Yvonne Marie Hauscarriague Departmentof Industrial Relations Division of Workers' Compensation 1515 Clay Street, 18th Floor Oakland, California 94612 California Medical Association:Amicuscuriae Long Xuan Do,Esq.Center for Legal AffairsCalifornia Medical Association1201 J Street, Suite 200Sacramento, California 95814 COURTS Supreme Court of California 350 McAllister Street San Francisco, California 94102 (byelectronicfiling) Plus Original and 14 copies including onefor endorsed return) Fourth District Court of Appeal Division Two 3389 Twelfth Street Riverside, California 9501 (byelectronicfiling) Appeal No.: E0653527 Clerk of the Court Riverside Superior Court 4050 Main Street Riverside, California 92501 Case No.: RIC1409797 COURTESY COPIES: Ms.Erika Frank California Chamber of Commerce 1215 K Street, Suite 1400 Sacramento, California 95814
