On August 10, 2016 a
Hearing
was filed
involving a dispute between
Bush, Lori,
Dignity Health, A Califonia Corporation,
and
Dignity Health, A Califonia Corporation,
St. Bernadine Medical Center A Business Entity Unknown,
Total Professional Network, Inc,
for Medical Malpractice Unlimited
in the District Court of San Bernardino County.
Preview
S y
w
i
MICHAEL J LIBMAN SBN 222353
THE LAW OFFICES OF MICHAEL J LIBMAN
F p
18321 Ventura Boulevard Suite 700
SlJPERlOR COURT
3 Tarzana California 91356 COUN Y pF SAN BEpNAap NO
Telephone 818 995 7300 SAN BERNqRDINO l li TR CT
i
Facsimile 866 644 6764 OCT 20
5
m lilimanlu c nz
Y
GARY BE1 KpVI CI SBN 192Z31
6
A ROFESSI N L C RPQTtA I ION AR NE u RD
o p pu7Y
14900 Ventura Boulevard Suite 220
Sherman Oaks California 91403
A
Telephone 818 465 9505
Facsimile 818 358 2829
g
Attorneys for Plaintiff LORI BUSH
io
il SUPERIOR COURT OF THE STATE OF CALIFORNIA
iz FOR THE COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT
1 3
LORI BUSH an individual CASE NO CIVDS 1613161
14
l
J
Plaintiff
15 Judge Hon John M Pacheco
vs
Dept S31
36
PLAINTIFF S REPLY TO
1
ST BERNARDINE MEDICAL CENTER a
DETENDANT S OPPOSITION TO
business entity form unknown DIGNITY
8 pLAINTIFF S EX PARTE APPLICATION
HEALTH a California Corporation and FOR AN ORDER STRIKING
Y
19 DOES 1 through 200 inclusive DEFENDANTS EXPERT WITNESSES
FROM THE WITNESS LIST AND
20
Defendants PRECLUDE THEM FROM TESTIFYING
z z AT TRIAL OR SHORTEN TIME TO
HEAR SAME DECLARATION OF
22
ZHANNA SANAMYAN
23
DATE October 24 2019
a4 TIME 8 30 a m
DEPT S31
zs
a5
77
2 3
1
I LAINTIfF S REPLY TO D FENDANT S OPPOSITION TO PLA NTIt F S EX PARTE APPLICAT ON FOR AN ORDiiR STRIKING
DEFENDANTS EXPERT WITNESSES FROM THE WITNIiSS LIS I AND PRECLUDL THIiM FROM TESTIFYING AT TRIAL OR
SHORTEN TIME TO HEAR SAMf DECLARATION QF ZHANNA SANAMYAN
r
1
TO THE COURT DEFENDANTS AND THEIR COUNSEL OF RECORD
I CASE SUMMARY ON THE COURT DOES
WEBSITE NOT SHO
4
DEFENDANTS FILED THEIR OPPOSITION TO PLAINTIFF S EX PART
APPLICATION
6
On October 23 2019 Plaintiff checked the Court s website and did not see that
defendants opposition to Plaintiff s Ex parte Application was actually filed with the Court A 1
8
Plaintiff was served with was a file stamped copy of the Opposition and an unfiled Decl ratio
9
See Case Summary attached as Ex iibit 1 attached to the Declaration of Zhanna Sanamyan
1
Plaintiff does not know what the Court actually received from defendants
1
II
PLAINTIFF FULLY COOPERATED WITH DEFENDANTS IN REGARDS T
1
EXPERT WITNESSES DEPOSITION DATES WHILE DEFENDANT
13
UNREA50NABLY CANCELLED THEIR EXPERTS DEPOSITIONS WITHOCI
l
EVEN PROVIDING NEW DATE TO THE PREJUDICE OF PLAINTIFF
15
As Plaintiff inentioned in her Ex Parte Application at all times Plaintiff fully cooperated
16
with defense and gave them available dates for her experts depositions pursuant to the meet an
confer mentioned in Plaintiff s Ex Parte Application Plaintiff produced three of her experts fo
1
their depositions while Plaintiff s s a t I ei
7g aXCo i e fo t rlce u n or e deposi ian of a at least
A
corresponding defense expert as admittedly promised by the defense and on which Plaintiff an
her counsel have now detrimentally relied As soon as Plaintiff produces her experts fo
21
depositions defendants refuse to produce theirs There is no time before the current trial date i
11 4 2019 to take the deposition of the inultitude of defendants experts due to defendants
j
gamesmanship Trial was continued multiple times already In a glaring admission of defendants
ongoing gamesmanship they still r rlc tfv nrovrrle c rrt d rtes i tltc rr eanerLs rl osi vtts It
2
defendants burden to prove their defenses They are either unable or unwilling to do so Plai Zti
6
should not be punished for defendants games while defendants being rewarded by their games a
27
the same time At least the corresponding defense experts who were not produced should b
2B
stricken and excluded
2
YLAINTIFF S REPLY TO D P NDANT S OPPOSITION TO PLAINTIFF S EX I ARTE APPLlCA7 ION FUR AN ORDER STRIKING
UEFF NllANTS EXPERT WITNESSES PROM THE WITNESS LIST AND PRECLUDE THEM PItOM TESTIFYING AT TRIAL OR
SHORTLN TIME TO HEAR SAME DECLARATION OF ZHANNA SANAMYAN
Document Filed Date
October 23, 2019
Case Filing Date
August 10, 2016
Category
Medical Malpractice Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
S y w i MICHAEL J LIBMAN SBN 222353 THE LAW OFFICES OF MICHAEL J LIBMAN F p 18321 Ventura Boulevard Suite 700 SlJPERlOR COURT 3 Tarzana California 91356 COUN Y pF SAN BEpNAap NO Telephone 818 995 7300 SAN BERNqRDINO l li TR CT i Facsimile 866 644 6764 OCT 20 5 m lilimanlu c nz Y GARY BE1 KpVI CI SBN 192Z31 6 A ROFESSI N L C RPQTtA I ION AR NE u RD o p pu7Y 14900 Ventura Boulevard Suite 220 Sherman Oaks California 91403 A Telephone 818 465 9505 Facsimile 818 358 2829 g Attorneys for Plaintiff LORI BUSH io il SUPERIOR COURT OF THE STATE OF CALIFORNIA iz FOR THE COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT 1 3 LORI BUSH an individual CASE NO CIVDS 1613161 14 l J Plaintiff 15 Judge Hon John M Pacheco vs Dept S31 36 PLAINTIFF S REPLY TO 1 ST BERNARDINE MEDICAL CENTER a DETENDANT S OPPOSITION TO business entity form unknown DIGNITY 8 pLAINTIFF S EX PARTE APPLICATION HEALTH a California Corporation and FOR AN ORDER STRIKING Y 19 DOES 1 through 200 inclusive DEFENDANTS EXPERT WITNESSES FROM THE WITNESS LIST AND 20 Defendants PRECLUDE THEM FROM TESTIFYING z z AT TRIAL OR SHORTEN TIME TO HEAR SAME DECLARATION OF 22 ZHANNA SANAMYAN 23 DATE October 24 2019 a4 TIME 8 30 a m DEPT S31 zs a5 77 2 3 1 I LAINTIfF S REPLY TO D FENDANT S OPPOSITION TO PLA NTIt F S EX PARTE APPLICAT ON FOR AN ORDiiR STRIKING DEFENDANTS EXPERT WITNESSES FROM THE WITNIiSS LIS I AND PRECLUDL THIiM FROM TESTIFYING AT TRIAL OR SHORTEN TIME TO HEAR SAMf DECLARATION QF ZHANNA SANAMYAN r 1 TO THE COURT DEFENDANTS AND THEIR COUNSEL OF RECORD I CASE SUMMARY ON THE COURT DOES WEBSITE NOT SHO 4 DEFENDANTS FILED THEIR OPPOSITION TO PLAINTIFF S EX PART APPLICATION 6 On October 23 2019 Plaintiff checked the Court s website and did not see that defendants opposition to Plaintiff s Ex parte Application was actually filed with the Court A 1 8 Plaintiff was served with was a file stamped copy of the Opposition and an unfiled Decl ratio 9 See Case Summary attached as Ex iibit 1 attached to the Declaration of Zhanna Sanamyan 1 Plaintiff does not know what the Court actually received from defendants 1 II PLAINTIFF FULLY COOPERATED WITH DEFENDANTS IN REGARDS T 1 EXPERT WITNESSES DEPOSITION DATES WHILE DEFENDANT 13 UNREA50NABLY CANCELLED THEIR EXPERTS DEPOSITIONS WITHOCI l EVEN PROVIDING NEW DATE TO THE PREJUDICE OF PLAINTIFF 15 As Plaintiff inentioned in her Ex Parte Application at all times Plaintiff fully cooperated 16 with defense and gave them available dates for her experts depositions pursuant to the meet an confer mentioned in Plaintiff s Ex Parte Application Plaintiff produced three of her experts fo 1 their depositions while Plaintiff s s a t I ei 7g aXCo i e fo t rlce u n or e deposi ian of a at least A corresponding defense expert as admittedly promised by the defense and on which Plaintiff an her counsel have now detrimentally relied As soon as Plaintiff produces her experts fo 21 depositions defendants refuse to produce theirs There is no time before the current trial date i 11 4 2019 to take the deposition of the inultitude of defendants experts due to defendants j gamesmanship Trial was continued multiple times already In a glaring admission of defendants ongoing gamesmanship they still r rlc tfv nrovrrle c rrt d rtes i tltc rr eanerLs rl osi vtts It 2 defendants burden to prove their defenses They are either unable or unwilling to do so Plai Zti 6 should not be punished for defendants games while defendants being rewarded by their games a 27 the same time At least the corresponding defense experts who were not produced should b 2B stricken and excluded 2 YLAINTIFF S REPLY TO D P NDANT S OPPOSITION TO PLAINTIFF S EX I ARTE APPLlCA7 ION FUR AN ORDER STRIKING UEFF NllANTS EXPERT WITNESSES PROM THE WITNESS LIST AND PRECLUDE THEM PItOM TESTIFYING AT TRIAL OR SHORTLN TIME TO HEAR SAME DECLARATION OF ZHANNA SANAMYAN