Hearing: LORI BUSH -V- ST BERNADINE MEDICAL CENTER Print

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     1   THOMPSON        COLEGATE LLP                                 SUPERIOR COURT OF CALIFOR NIA
                                                                           COUNTY OF AN BERNARJINO
         3610 Fourteenth Street                                            SA        a               ti     n sTr ic

 2       P O Box     1299
         Riverside   California 92502                                           0CT 2                      2017
 3       Tel   951    682 5550
         Fax 951      78i 4012                                                  f        I
                                                                     EiY
 4                                                                                                        h1Chi 7 C    PUTY
                                                                                T 3f lt k
         DIANE MAR WIESMANN SBN 124409
 5       dwiesmann@tclaw net
         MAXINE M MORISAKI SBN 134361
 6       mmorisaki@tclaw net




 7       Attorneys for T efendant 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 CIVDS1613161
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                         Plaintiff                        JUDGE    Hon John M Pacheco
14                                                        Dept     S31
         v

ts                                                        NOTICE OF MOTION AND MOTION TO
         ST BERNARDINE MEDICAL CENTER a                   COMPEL FURTHER RESPONSE BY
16       business entity form unknown DIGNITY             PLAINTIFF TO REQUEST FOR
         HEALTH a California Corporation and DOES 1       PRODUCTION OF DOCUMENTS SET
17       through 200 inclusive                            TWO MEMORANDUIVI OF POINTS AND
                                                          AUTHORITIES WITH REQUEST FOR
18                       Defendants                       MONETARY SANCTIONS IN THE
                                                          AMOUNT OF          2 049 50 AND AN ISSUE
19                                                        AND OR EVIDENTIARY SANCTION IN
         DIGNITY HEALTH                                   SUPPORT THEREOF SEPARATE
2o                                                        STATEMENT OF ITEIVIS IN DISPUTE
                        Cross Complainant                 DECLARATION OF MAXINE M
21                                                        MORISAKI DECLARATION OF
                                                          BARBARA LANGFORD                                PROPOSED
22                                                        ORDER
         TOTAL PROFESSIONAL NETWORK INC
23       and   ROES 1 1 q0 inclusive                      Date   December 5 2017
                                                          Time   8 30 a m
24                      Cross Defendants                  Dept   S31

25                                                        TRIAL DATE                04 30 2018
                                                          ACTION FILED              11 08 2016 FAC
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         TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN                                  I
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                    NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSE BY PLAINTIFF
                                TO REQUEST FOR PRODUCTION OF DOCUMENTS SET TWO

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                    PLEASE TAKE NOTICE that on December 5 2017 at 8 30 a m                           or as soon thereafter as the

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         matter may be heard in Department S31 of the above entitled Court located at 247 W Third St
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         San Bernardino California Defendant Cross Complainant DIGNITY HEAL I H erroneously sued
 4       and   served      as   ST   BERNARDINE MEDICAL CENTER                        hereinafter   also   DEFENDANT           will



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         and hereby does move the Court for an order compelling Plaintiff LORI BUSH hereinafter also
 6        PLAINTIFF              to provide further answers without objection to DEFENDANT S Request for

 7       Production        of
                                ocuments Set Two as more specifically identified in its Separate Statement of Items
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         in Dispute arid furthermore to pay to DEFENDANT monetary sanctions including reasonable
 9                       fees
         attorney    s          and costs
                                             totaling   2 049 50 incurred in the preparation filing and hearing of this
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         motion and fiirther that the court order an issue and or evidentiary sanction as to PLAINTIFF S
11       loss of earnings and future non economic losses claimed

12                  This   motion    is made   pursuant to   Code   of   Civil Proc     2031 300 and on the grounds that the

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         information re uested is relevant to the subject matter of this litigation is properly discoverable and
14       is   not   privile     ed
                                      PLAINTIFF S objections stated in response are improper and justify the
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         production of further responses without objection as she has waived the time in which to object
16       DEFENDANT              seeks   monetary   sanctions   including      attorneys    fees   and   costs              2 049 50
                                                                                                                totaling
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         against PLAII TTIFF andlor her attorney of record jointly and severally and further seeks an issue
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         and or evidenti ary sanction against PLAINTIFF as to PLAINTIFF S loss of earnings and future non

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         economic losses claimed as a result of the incident that forms the basis of the within action pursuant
2o       to Code    of   Ci il Proc         2023 010 and 2023 030

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                    This rraotion will be based upon this Notice the pleadings records and files herein the
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         Memorandum of Points and Authorities Separate Statement of Items in Dispute Declaration of
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         Maxine M Morisaki Declaration of Barbara S Langford served and filed herewith and such other

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         and further oraY and documentary evidence as may be presented at the hearing ofthe matter
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                      NOT CE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSE BY PLAINTIFF
                                      TO REQUEST FOR PRODUCTION OF DOCUMENTS SET TWO

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