Motion,Ex Parte: LORI BUSH -V- ST BERNADINE MEDICAL CENTER Print

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     1   THOMPSON        COLEGATE LLP
         3610 Fourteenth Street
     2   P O Box 1299                                                              SUPERlOR COURT
         Riverside California 92502                                                  Q SAtv BERNARDIrvO
                                                                                         C iN0 DISTRICT
     3   Tel   951 682 5550
         Fax 951 781 4012
                                                                                      AR   7    t8
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         DIANE MAR WIESMANN SBN 124409
                                                                         3ir
     5   dwiesmann@tclaw   net

         MAXINE M MORISAKI               SBN 134361                                                  Deputy
     6   mmorisaki@tclaw net




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         Attorneys for Defendant Cross Complainant DIGNITY HEALTH erroneously sued and
         served as ST BERNARDINE MEDICAL CENTER
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                                 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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                  FOR THE COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT
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         LORI BUSH     an   individual                    CASE NO CIVDS 1613161
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                        Plaintiff                         JUDGE    Hon John M Pacheco
    14                                                    Dept     S31
         v

    15                                                    EX PARTE APPLICATION TO
         ST BERNARDINE MEDICAL CENTER a                   CONTINUE DEFENDANT S MOTION
    16   business entity form unknown DIGNITY             FOR SUMMARY ADJUDICATION OR
         HEALTH a California Corporation and DOES 1       ALTERNATIVELY TO WITHDRAW TH
    17   through 200 inclusive                            MOTION WITHOUT PREJUDICE IN
                                                          ORDER TO CONDUCT NECESSARY
    18                  Defendants                        DISCOVERY MEMORANDUM OF
                                                          POINTS AND AUTHORITIES
    19                                                    DECLARATION OF MAXINE M
         DIGNITY HEALTH                                   MORISAKI DECLARATION OF SANDY
    2o                                                    WAGGLE          PROPOSED         ORDER
                       Cross Complainant
    21                                                    Date    3 28 18
                                                          Time    8 30 A M
    22                                                    Dept    S31
         TOTAL PROFESSIONAL NETWORK INC
    23   and ROES 1 100 inclusive
                                                          TRIAL DATE                 NA
    24                 Cross Defendants                   ACTION FILED               11 08 2016 FAC

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                                                          1   t      1         3
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                                                      1
         EX PARTE APPLICATION TO CONTINUE DEFENDANT S MSA OR ALTERNATIVELY TO WITHDRAW IT
                        WITHOUT PREJUDICE IN ORDER TO CONDUCT NECESSARY DISCOVERY
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         1              PLEA E TAKE NOTICE that              on   March 28 2018       at    8 30   am   or soon thereafter as the

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             matter can be heard in the above entitled Court located at 247 W Third Street San Bernardino
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             California 92415 Defendant Cross Complainant DIGNITY HEALTH erroneously sued and served
     4            ST
             as         BERNARDINE MEDICAL CENTER                      hereinafter   also       DEFENDANT        will and hereby
     5       does      move    th
                                     Court by ex parte application for an order continuing its motion for summary
     6       adjudication       er
                                      alternatively   to withdraw the motion without prejudice in order to conduct
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             necessary discovery
     g                  The ap lication is     made pursuant to    California Rules        of   Court   Rule 3 1200   et         San
                                                                                                                           seq
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             Bernardino Superior Court Rules Rule 731 the inability to obtain necessary discovery and upon the
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             urgency of DEFENDANT S pending Motion for Summary Adjudication set for hearing on April 2
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             2018 to which its reply is due by March 28 2018
    12                  This   e
                                     parte application will be based upon this notice the memorandum of points and
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             authorities in support thereof the files and recards of this case the Declaration of Maxine M
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             Morisaki and such other and further oral and documentary evidence as may be presented at the
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             hearing
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                                                                  Respectfully submitted
    17       DATED        March 26 2018
                                                                  THOMPSON            COLEGATE LLP
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                                                                   y
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                                                                           DIANE MAR WIESMANN ESQ
    21                                                                     MAXINE M MORISAKI ESQ
                                                                           Defendant Cross Complainant DIGNITY
    22                                                                     HEALTH erroneously sued and served as
                                                                           ST BERNARDINE MEDICAL CENTER
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             EX PARTE APPLICATION
                         WITHOUT
                                  TO CONTINUE DEFENDANT S MSA OR ALTERNATIVELY TO WITHDRAW IT
                                            PREJUDICE IN ORDER TO CONDUCT NECESSARY DISCOVERY