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1 JAMES E. SELL, ESQ. (SBN 135935)
Jsell@tysonmendes.com
2 ALLISON M. LAWRENCE, ESQ. (SBN 290770)
Alawrence@tysonmendes.com
3 TYSON & MENDES LLP
4 371 Bel Marin Keys Blvd., Suite 100
Novato, CA 94949
5 Telephone: (628) 253-5070
Facsimile: (415) 785-3165
6
Attorneys for Defendants,
7
HOMESTEAD INN, LLC, THE MISSION RANCH, INC. AND
8 CLINTON EASTWOOD AND HOWARD BERNSTEIN, AS TRUSTEES OF THE 1988
CLINTON EASTWOOD TRUST (1997 RESTATEMENT) U/D/T DATED MAY 16, 1988
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 FOR THE COUNTY OF MONTEREY
12 JOCELYN HARRIS-HOCH, an individual Case No.: 19CV003271
Assigned to Hon. Thomas Wills, Dept. 15
13 Plaintiff,
14 v. DECLARATION OF ALLISON M.
LAWRENCE IN SUPPORT OF
15 MISSION RANCH, INC., a California DEFENDANTS’ MOTION TO
Corporation; HOMESTEAD INN, LLC, a COMPEL MENTAL EXAMINATION
16 California Corporation; MISSION RANCH OF PLAINTIFF
HOTEL AND RESTAURANT, a business
17 organization, form unknown; and DOES 1
through 30, inclusive, Date: March 21, 2023
18 Time: 8:30 a.m.
Defendants. Dept: 15
19
20 AND RELATED CROSS-ACTION
Case Filed: August 14, 2019
21 Trial Date: May 1, 2023
22
23 I, Allison M. Lawrence, declare as follows:
24 1. I am an attorney duly licensed to practice before all of the courts of the State of
25 California. I am a partner with the law firm of Tyson & Mendes, LLP, attorneys of record for
26 defendants HOMESTEAD INN, LLC, THE MISSION RANCH, INC. AND CLINTON
27 EASTWOOD AND HOWARD BERNSTEIN, AS TRUSTEES OF THE 1988 CLINTON
28 EASTWOOD TRUST (1997 RESTATEMENT) U/D/T DATED MAY 16, 1988 (collectively,
1
DECLARATION OF ALLISON M. LAWRENCE IN SUPPORT OF DEFENDANTS’ MOTION TO COMPEL
MENTAL EXAMINATION OF PLAINTIFF
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“defendants”).
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2. I am personally familiar with the course of all proceedings in this action. If called
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as a witness, I can and will testify from personal knowledge of the following:
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3. Plaintiff filed her initial Complaint for damages on August 14, 2019, alleging
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causes of action for premises liability and negligence and naming defendants Mission Ranch, Inc.
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and Homestead Inn, LLC. Plaintiff claims she sustained personal injuries following a tree branch
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falling on her during a heavy windstorm at Mission Ranch on February 13, 2019 at
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approximately 8:30 a.m. At the time of the incident, plaintiff was working as an independent
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contractor for Mission Ranch and was tending to sheep who were involved in the removal of
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vegetation on the property.
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4. According to plaintiff, the falling branch struck her left arm and shoulder and
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caused her to be knocked over. She crawled away from where the branch landed and began
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calling out for help. She did not lose consciousness and was aware of her surroundings. She
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sought various medical treatment following the incident to treat for orthopedic injuries. She did
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not treat with a neurologist or neuropsychologist, or claim a traumatic brain injury prior to
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December 2022.
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5. Plaintiff alleges she suffered a collapsed lung, broken ribs and dislocated left
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shoulder, as well as psychiatric injuries. On the date of the incident (2/13/19) plaintiff was
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transported to Community Hospital of Monterey Peninsula with complaints of left shoulder pain.
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She denied chest pain but did report it was difficult to take deep breaths. She denied loss of
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consciousness, head pain or cervical pain. An x-ray of plaintiff’s left shoulder confirmed
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dislocation. A joint reduction procedure of the left shoulder was performed successfully. X-rays
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of plaintiff’s chest appeared normal. Plaintiff was given a sling, prescribed pain medication and
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discharged after a few hours. She was not diagnosed with a brain injury and did not complain of
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any cognitive or brain injury related symptoms.
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6. Plaintiff claims that the following day she was having trouble breathing so she
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went back to the emergency room to undergo further x-rays of the chest area. According to the
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DECLARATION OF ALLISON M. LAWRENCE IN SUPPORT OF DEFENDANTS’ MOTION TO COMPEL
MENTAL EXAMINATION OF PLAINTIFF
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records from Community Hospital of Monterey Peninsula on February 14, 2019, plaintiff also
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presented with headaches during the visit. Plaintiff’s husband told the attending physician there
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was a “crater sized dent” in plaintiff’s head. The attending physician noted a small amount of
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scalp bruising but did not see any evidence of significant head trauma or injury. She denied
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any nausea, vomiting or abdominal pain. A CT scan of the head was unremarkable. She was
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not diagnosed with a brain injury and did not complain of any cognitive or brain injury related
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symptoms.
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7. On March 29, 2019, plaintiff presented to her primary care physician Dr. Ken
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Hashimoto for an appointment. She complained of feeling tired and fatigued, but denied feeling
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sad or depressed. She was not diagnosed with a brain injury and did not complain of any
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cognitive or brain injury related symptoms.
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8. On March 2, 2021, plaintiff returned to see Dr. Hashimoto with complaints of
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neck tightness and bilateral arm pain. She stated she was no longer experiencing weakness in her
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arms. She was diagnosed with muscle spasms and a strain of the trapezius muscle. She was not
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diagnosed with a brain injury and did not complain of any cognitive or brain injury related
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symptoms.
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9. Plaintiff was deposed on November 23, 2021. At the deposition, she was asked in
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detail about her physical complaints and the medical treatment she underwent following the
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incident. She did not disclose any cognitive complaints and did not disclose any treatment for an
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alleged traumatic brain injury.
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10. In late December 2022, defendants were first made aware plaintiff was claiming a
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traumatic brain injury.
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11. Along with this claim, Plaintiff claims she suffers from headaches, chronic
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dizziness, difficulty making “complicated decisions,” living in “fight or flight” mode, that she is
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more tearful, that she afraid of wind and trees and that she suffers from depression and anxiety.
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12. On Monday, February 27, 2023, Defendants wrote to Plaintiff’s counsel, Mr.
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Paymon Khatibi, stating Defendants intended to notice orthopedic, neurology and
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DECLARATION OF ALLISON M. LAWRENCE IN SUPPORT OF DEFENDANTS’ MOTION TO COMPEL
MENTAL EXAMINATION OF PLAINTIFF
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neuropsychology IMEs of Mr. Harris-Hoch. In that correspondence, Defendants inquired if
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Plaintiff was agreeable to waiving statutory notice should a convenient date prior to the notice
3
period work for the doctors and Plaintiff. (Attached hereto as Exhibit A is a true and correct copy
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of this correspondence.)
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13. On February 28, 2023, Plaintiff’s counsel responded and stated “I can agree to one
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orthopedic examination for all defendants (not one for each defendant) and one neurologist
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examination for all defendants (not one for each defendant). However, we believe that a
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neuropsychologist examination would be cumulative and improper. It is also worth noting that
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the plaintiff will not have a neuropsychologist at trial. If you disagree, please provide your
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reasoning and provide relevant case law supporting your position.” (Attached hereto as Exhibit B
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is a true and correct copy of this correspondence.)
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14. Defendants relied on this representation from Plaintiff’s counsel when deciding
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whether to notice/compel the neuropsychological IME.
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15. All of these communications took place prior to the “IME notice cutoff” of March
15
3, 2023.
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16. On March 13, 2023, all parties disclosed experts. Despite Plaintiff’s counsel’s
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representation Plaintiff would not be calling a neuropsychologist at trial, Plaintiff disclosed
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neuropsychiatrist Dr. Lester M. Zackler. The accompanying Declaration of Plaintiff’s counsel
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states Dr. Zackler “may be called to testify on causation and damages, as it pertains to the
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Plaintiff’s psychological/psychiatric injuries. (Attached hereto as Exhibit C is a true and
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correct copy of Plaintiff’s Disclosure of Expert Witnesses and Accompanying Declaration.)
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17. In light of this change from counsel’s representation, Defense counsel sent a
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detailed meet and confer letter regarding the need for the mental IME prior to filing the instant
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motion, no to avail. (Attached hereto as Exhibit D is a true and correct copy of this
25
correspondence.)
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18. The meet and confer letter included a proposed Stipulation to the Mental IME,
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along with a Demand for Mental Examination of Plaintiff with Dr. Alexis Smith to take place on
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DECLARATION OF ALLISON M. LAWRENCE IN SUPPORT OF DEFENDANTS’ MOTION TO COMPEL
MENTAL EXAMINATION OF PLAINTIFF
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March 27, 2023. The notice outlines each test, procedure and part of the examination as required.
2
(Attached hereto as Exhibit E is a true and correct copy of Defendants’ Demand for Mental
3
Examination of Plaintiff with Dr. Alexis Smith.)
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19. As of the filing of this Motion, Plaintiff has still not agreed to submit to this
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necessary IME.
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20. On March 20, 2023, Defendants’ counsel informed all counsel by e-mail of the
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date, time, location, and substance of the ex parte hearing. (Attached hereto as Exhibit F is a
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true and correct copy of this correspondence.)
9
10 I declare under the penalty of perjury under the laws of the State of California that the
11 foregoing is true and correct. Executed on March 20, 2023, in Sonoma, California.
12
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________________________________
14 ALLISON M. LAWRENCE
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DECLARATION OF ALLISON M. LAWRENCE IN SUPPORT OF DEFENDANTS’ MOTION TO COMPEL
MENTAL EXAMINATION OF PLAINTIFF
EXHIBIT A
On Mon, Feb 27, 2023 at 2:38 PM Allison Lawrence wrote:
Paymon,
Thank you for speaking with me just now about the various outstanding discovery issues. I am glad we
were able to have a productive discussion. The following is a summary of our conversation. Please let
me know if I have mis-stated what we discussed or have left anything out.
1. Amended Responses to Special Interrogatories/Form Interrogatories, Set One on behalf of the
Trust
• I have the responses in final format and will serve them along with verifications in the
next couple of days.
2. Responses to Form Interrogatories, Set Two on behalf of the Trust
• I will provide verified responses by Friday, March 3, 2023.
3. Deposition of Clinton Eastwood
• My office intends to file a Motion for Protective Order by Wednesday.
• I will confirm with you by tomorrow if we have reconsidered this position.
4. Motion to Continue Trial
• Our initially filed motion was rejected by the clerk because we had not selected a date.
• After discussion with all parties, a date of March 24, 2023 was selected for the motion.
Unfortunately, by the time my assistant went to re-file the papers, the date was no
longer available and the soonest date was April 28, 2023 which is obviously too late
given the 5/1 trial date.
• We intend to go in ex parte next Tuesday, March 7 to request an earlier hearing date on
the motion. We will send proper notice of the appearance and meet and confer with all
parties on dates convenient for the motion so we can inform the judge of same at the
ex parte hearing.
5. Continued Deposition of Danny Moises
• We will set the continued deposition of Mr. Moises with a translator. Please let me
know what date(s) you prefer, and I will work with the witness to confirm.
6. IMEs
• We intend to notice an orthopedic IME of your client. Please let us know if you are
agreeable to waiving statutory notice should a convenient date prior to the notice
period work for the doctor and your client.
• Given your client’s TBI claims, we would like additional IMES with a neurologist and
neuropsychologist. Will you agree to produce your client for these IMEs or will we need
to obtain a court order?
Please let me know if there is anything I left out. I look forward to hearing back from you.
Thanks,
Allison M. Lawrence, Esq.
Partner
371 Bel Marin Keys Blvd., Suite 100
Main: 628.253.5070
Cell: 209.499.0569
Direct: 628.253.5074
Fax: 415.785.3165
alawrence@tysonmendes.com
www.tysonmendes.com
This email and any attachments are from the law firm of Tyson & Mendes, LLP. This email is intended only for the
use of the addressee and may contain information that is proprietary, confidential, privileged, or protected by state
or federal law. If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of
this email and attachments are prohibited. If you received this email in error, please notify us by reply email
immediately so we may arrange for the retrieval of the information.
EXHIBIT B
From: Paymon Khatibi
Sent: Tuesday, February 28, 2023 1:16 PM
To: Allison Lawrence
Cc: Daniel Balaban
Subject: Re: Harris-Hoch v Mission Ranch, et al
Hi Allison:
Thank you for your email regarding the outstanding discovery issues. Please find below my
response to each of the topics raised:
1. Amended Responses to Special Interrogatories/Form Interrogatories, Set One:
You informed me that the responses are in final format and will be served with
verifications in the next few days, I believe you said no later than this Friday during our
call. I appreciate the update and would like to note that my meet and confer letter also
included a Request for Production, Set One.
2. Responses to Form Interrogatories, Set Two: I believe you said by this Friday during
our call as well. I would like to reiterate that the defendant has waived objections, and I
kindly request that no objections be included in the responses unless you can provide
case law to the contrary to support your client's objections.
3. Deposition of Clinton Eastwood: I request that you provide us with the proposed
parameters that would enable us to proceed with the deposition. Despite our willingness
to limit the deposition's time, location, and scope, there has been no attempt to offer a
compromise or reach a middle ground on this matter. I don't think our judge will
appreciate the lack of good faith effort.
4. Motion to Continue Trial: I respectfully request that you reconsider your position as
there appears to be insufficient grounds to warrant ex parte relief.
5. Continued Deposition of Danny Moises: I assume that Mr. Moises is available any
day next week. Please confirm if this is correct. If you are not sure, please obtain his
availability for next week and let me know today along with the type of translator he
needs.
6. IMEs: I can agree to one orthopedic examination for all defendants (not one for each
defendant) and one neurologist examination for all defendants (not one for each
defendant). However, we believe that a neuropsychologist examination would be
cumulative and improper. It is also worth noting that the plaintiff will not have a
neuropsychologist at trial. If you disagree please provide your reasoning and provide
relevant case law supporting your position.
Thank you for your attention to these matters.
EXHIBIT C
1 BALABAN & SPIELBERGER, LLP
Daniel Balaban, Esq. (SBN 243652)
2 Daniel@dbaslaw.com
Andrew Spielberger, Esq. (SBN 120231)
3
Andrew@dbaslaw.com
4 11999 San Vicente Boulevard, Suite 345
Los Angeles, CA 90049
5 Phone: (424) 832-7677
Fax: (424) 832-7702
6
WAVE LAW FIRM, APC
7
Paymon A. Khatibi, Esq. (SBN 282651)
8 p@wavelawfirm.com
8605 Santa Monica Boulevard, #63655
9 West Hollywood, CA 90069
Phone: (831) 515-1010
10 Fax: (831) 515-1011
11
Attorneys for Plaintiff,
12 JOCELYNE HARRIS-HOCH
13
14 SUPERIOR COURT OF THE STATE OF CALIFORNIA
15 COUNTY OF MONTEREY
16 Case No.: 19CV003271
17 JOCELYNE HARRIS-HOCH; [Hon. Thomas W. Wills, Dept 15]
18 Plaintiffs,
19 vs. PLAINTIFF’S DESIGNATION OF
EXPERT WITNESSES; DECLARATION
20 OF PAYMON A. KHATIBI, ESQ.
MISSION RANCH, INC., a California
21 Corporation; HOMESTEAD INN, LLC, a
California Corporation; MISSION RANCH
22 HOTEL AND RESTAURANT, a business
organization, form unknown; and DOES 1
23
through 30, inclusive,
24 Defendants.
25 Complaint Filed : August 14, 2019
AND ALL RELATED CROSS-ACTIONS. Trial Date : May 1, 2023
26
27
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PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES;
DECLARATION OF PAYMON A. KHATIBI, ESQ.
1 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
2 Plaintiff Jocelyne Harris-Hoch hereby provides the following designation of expert
3 witnesses pursuant to CCP § 2034.210 and CCP § 2034.260.
4 Plaintiff nominates the following categories of experts. Should new allegations or
5 contentions be made, Plaintiff reserves the right to nominate and to call at the time of the trial such
6 further experts as Plaintiff may deem advisable or appropriate. Plaintiff invites any other party
7 herein to make known to Plaintiff its or their contentions or allegations not previously set forth.
8
RETAINED EXPERTS
9
1. Marisa C. Chang, M.D.; 2811 Wilshire Blvd., Suite 790, Santa Monica, CA 90403; (323)
10
633-1420.
11
2. Murray A. Solomon, M.D.; Los Gatos MRI, 800 Pollard Road, Suite B-101, Los Gatos, CA
12 95030; 408-374-8897.
13
3. Bradley A. Jabour, M.D.; 2811 Wilshire Blvd., Santa Monica, CA 90403; (310) 829-9788.
14
4. Lester M. Zackler, M.D.; 12042 Rialto St., Sun Valley, CA 91352; (818) 789-8495.
15
5. Thomas W. Peatman, M.D.; 107 Lyndhurst Place, San Ramon, CA 94583; (510) 459-8942.
16
17 6. Jan Null, CCM; Golden Gate Weather Services, PO Box 3373, Half Moon Bay, CA 94019-
3373; (650) 712-1876.
18
7. John W. Sevier; 656 Ashmore Ave., New Braunfels, TX, 78130; (830) 629-4444.
19
20 8. Fred Del Marva, PI, PPO; 21666 North 58th Avenue, Arrowhead Lakes, Glendale, Arizona,
85308; (623) 566-5300.
21
22
23 DATE: March 13, 2023 WAVE LAW FIRM, APC
24
1m-1PfJJ.t:P
By: _________________________________
25 Paymon A. Khatibi, Esq.
Attorney for Plaintiff
26
JOCELYNE HARRIS-HOCH
27
28 1
PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES;
DECLARATION OF PAYMON A. KHATIBI, ESQ.
1 DECLARATION OF PAYMON A. KHATIBI, ESQ.
2 I, Paymon A. Khatibi, declare and say that:
3 I am an attorney at law licensed to practice before all of the courts of the State of California,
4 and an attorney at WAVE LAW FIRM, APC an attorney of record for the Plaintiff. As such, I
5 have personal knowledge of the facts surrounding the present action and all facts herein stated. If
6 called as a witness, I could testify competently to the following:
7 I represent that the experts who have been retained by the Plaintiff and disclosed in the
8 accompanying list will testify at trial and will be sufficiently familiar with the pending action to
9 allow for meaningful oral deposition in accordance with CCP § 2034.260(c)(4). The Plaintiff has
10 no control over non-retained experts and can make no representations regarding their abilities or
11 capacities other than as apparent from the public record or deposition testimony herein.
12 The Plaintiff reserves the right to call any and all experts necessary to rebut expert
13 testimony given at the time of trial and undertake further preparations as may be necessary to
14 respond to issues, facts, and expert testimony advanced hereafter by petitioners. At the time of this
15 disclosure, the Plaintiff has not received any meaningful disclosure of the defenses or any other
16 facts advanced by petitioners that may call for responsive expert examination and opinion
17 testimony.
18 1. Marisa C. Chang, M.D.
19 (a) Dr. Chang is an expert in Neurology.
20 (b) Dr. Chang may be called to testify on causation and damages issues pertaining to any
21 neurological injuries including spinal cord injury and brain injury to Plaintiff.
22 (c) Dr. Chang will testify at trial.
23 (d) Dr. Chang will be sufficiently familiar with the pending action to submit to a
24 meaningful oral deposition concerning the specific testimony, including any opinions
25 and the bases of these opinions at trial.
26 (e) Dr. Chang’s fee for deposition testimony at her office is $1,400.00 per hour (two-hour
27 minimum) out of her office is $5,000/half-day plus travel. Payment due one week
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PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES;
DECLARATION OF PAYMON A. KHATIBI, ESQ.
1 before deposition. A copy of Dr. Chang’s CV, Fee Schedule and report is attached as
2 Exhibit 1.
3
4 2. Murray A. Solomon, M.D.
5 (a) Dr. Solomon is an expert in Neuroradiology.
6 (b) Dr. Solomon may be called to testify on causation and damages issues related to
7 medical imaging performed on Plaintiff.
8 (c) Dr. Solomon will testify at trial.
9 (d) Dr. Solomon will be sufficiently familiar with the pending action to submit to a
10 meaningful oral deposition concerning the specific testimony, including any opinions
11 and the bases of these opinions at trial.
12 (e) Dr. Solomon’s fee for deposition testimony is $950 per hour, plus travel. A copy of Dr.
13 Solomon’s CV, Fee Schedule and report is attached as Exhibit 2.
14
15 3. Bradley A. Jabour, M.D.
16 (a) Dr. Jabour is an expert in Neuroradiology.
17 (b) Dr. Jabour may be called to testify on causation and damages issues related to medical
18 imaging performed on Plaintiff.
19 (c) Dr. Jabour will testify at trial.
20 (d) Dr. Jabour will be sufficiently familiar with the pending action to submit to a
21 meaningful oral deposition concerning the specific testimony, including any opinions
22 and the bases of these opinions at trial.
23 (e) Dr. Jabour’s fee for deposition testimony in his office is $5,000 up to 2 hours and
24 $2,500 per added hour or increment thereof. Depositions out of his office are $7,500
25 up to 2 hours, $3,000 per added hour or increment thereof, plus travel. A copy of Dr.
26 Jabour’s CV, Fee Schedule and report is attached as Exhibit 3.
27
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PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES;
DECLARATION OF PAYMON A. KHATIBI, ESQ.
1 4. Lester M. Zackler, M.D.
2 (a) Dr. Zackler is a Neuropsychiatric expert.
3 (b) Dr. Zackler may be called to testify on causation and damages, as it pertains to the
4 Plaintiff’s psychological/psychiatric injuries.
5 (c) Dr. Zackler will testify at trial.
6 (d) Dr. Zackler will be sufficiently familiar with the pending action to submit a meaningful
7 oral deposition concerning specific testimony, including any opinions and their bases
8 at trial.
9 (e) Dr. Zackler's fee for deposition is $1,000.00 per hour (2-hour minimum), plus travel. A
10 copy of Dr. Zackler’s CV and Fee Schedule is attached as Exhibit 4.
11
12 5. Thomas W. Peatman, M.D.
13 (a) Dr. Peatman is an Orthopedic expert.
14 (b) Dr. Peatman may be called to testify on causation and damages, as it pertains to the
15 Plaintiff’s orthopedic injuries.
16 (c) Dr. Peatman will testify at trial.
17 (d) Dr. Peatman will be sufficiently familiar with the pending action to submit to a
18 meaningful oral deposition concerning specific testimony, including any opinions and
19 their bases at trial.
20 (e) Dr. Peatman’s fee for deposition testimony is $1,000 per hour (1-hour prepaid), plus
21 travel. A copy of Dr. Peatman’s CV, Fee Schedule and report is attached as Exhibit
22 5.
23
24 6. Jan Null, CCM
25 (a) Mr. Null is a Certified Consulting Meteorologist.
26 (b) Mr. Null may be called to testify on issues of the weather history and patterns at the
27 area of the subject property, including on the day of the subject incident.
28
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PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES;
DECLARATION OF PAYMON A. KHATIBI, ESQ.
1 (c) Mr. Null will testify at trial.
2 (d) Mr. Null will be sufficiently familiar with the pending action to submit to a meaningful
3 oral deposition concerning the specific testimony, including any opinions and their
4 bases at trial.
5 (e) Mr. Null fee for deposition testimony is $450.00 per hour (1.5-hour minimum), plus
6 travel. A copy of Mr. Null’s CV, Fee Schedule and report is attached as Exhibit 6.
7
8 7. John W. Sevier
9 (a) Mr. Sevier is a Certified Arborist.
10 (b) Mr. Sevier may be called to testify on issues of liability including the dangerous
11 condition of the subject tree, tree safety and tree maintenance, and the standard of care
12 regarding tree safety and maintenance.
13 (c) Mr. Sevier will testify at trial.
14 (d) Mr. Sevier will be sufficiently familiar with the pending action to submit to a
15 meaningful oral deposition concerning the specific testimony, including any opinions
16 and their bases at trial.
17 (e) Mr. Sevier’s fee for deposition testimony is $450 for the first hour, then, subsequent
18 hours are to be billed at $300 per hour. A two-hour minimum is required for
19 depositions, plus travel. A copy of Mr. Sevier’s CV and Fee Schedule is attached as
20 Exhibit 7.
21
22 8. Fred Del Marva, PI, PPO
23 (a) Mr. Marva is a Hospitality Industry Standard of Care Expert.
24 (b) Mr. Marva may be called to testify on issues of the standard of care for premises safety,
25 including the hospitality industry.
26 (c) Mr. Marva will testify at trial.
27
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PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES;
DECLARATION OF PAYMON A. KHATIBI, ESQ.
1 (d) Mr. Marva will be sufficiently familiar with the pending action to submit to a
2 meaningful oral deposition concerning the specific testimony, including any opinions
3 and their bases at trial.
4 (e) Mr. Marva’s fee for deposition testimony is $2,000 per day or partial day, plus travel.
5 A copy of Mr. Marva’s CV and Fee Schedule is attached as Exhibit 8.
6
7 The Plaintiff reserves the right to call any other expert witnesses by any way of rebuttal, if
8 necessary, to testify to the falsity or nonexistence of any fact used as the foundation for any opinion
9 by an expert witness called by petitioners at the trial. The Plaintiff further reserve the right to call
10 any expert witness designated by any other party.
11 I declare under penalty of perjury under the laws of the State of California that the foregoing
12 is true and correct.
13 Executed on March 13, 2023 Los Angeles, California.
14
15
Paymon A. Khatibi, Esq.
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PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES;
DECLARATION OF PAYMON A. KHATIBI, ESQ.
EXHIBIT 1
NEUROLOGICAL ASSOCIATES
·rJ;i e I 1/\,te 1,ve 1/\,Ho 1/\,Cl l c; vovrp
Marisa C. Chang, M.D. , Inc Sheldon E. Jordan, M.D., Inc
2811 WIishire Ellvd Suite 790 Santa Monica, CA 90403 Phone 310 829 5988 Fu 310 453 3685
December 15, 2022
Re: Jocelyne Harris-Hoch
DOB: 03/03/1954
To Whom It May Concern:
I had the pleasure of performing an independent neurological evaluation on Ms.
Jocelyne Harris-Hoch on 12/12/2022 in my office. To summarize, Ms. Harris-
Hoch is a 68-year-old female with no significant past medical history, specifically
no history of head trauma or concussion. The patient was in her usual state of
excellent health up until 02/13/2019 when she was working as a shepherd with
sheep in Carmel. It was a windy stormy day. She was sorting the sheep and
feeding them as usual. She went around the barn shed to get grain. She saw large
eucalyptus trees blowing in the wind. She waited for the wind to die down and
then went to scoop feed. There was a big gust of wind and a huge eucalyptus
branch fell, hit the barn and then hit the patient's left shoulder, back and back of
her left head. She fell down and dislocated her left shoulder. The patient is not
sure if she lost consciousness. She states that she felt like she was going to pass
out but not sure if she did. Her glasses and the beanie that she was wearing on her
head went flying. She was screaming for help. The patient was taken to the
emergency room where she had a dislocated shoulder. She was treated and
discharged. That night the patient had severe pain in her left neck, shoulder and
her left back was bruised. She was short of breath. She went back to the
emergency room the next day and was found to have a collapsed lung which
required chest tube. She was also found to have three broken ribs. She spent five
days in the hospital with sharp pain in her right lateral leg, stabbing pain, numbness
and right low back pain. She had severe bruising of her head. She underwent
rehabilitation of the shoulder. The patient also had severe dizziness. While she
was in physical therapy she got the Epley maneuver which helped.
Since the accident the patient has had persistent neurologic issues. She has a "lump" in
her left shoulder and decreased mobility of the left shoulder. This affects her swimming.
The left shoulder is stiffer and makes "cracky" sound. She also endorses pain in her
bilateral thumbs and numbness in her bilateral hands. She has been diagnosed with
carpal tunnel syndrome. This has affected her ability to milk goat. She also has
persistent low back pain 5/10. This is worse with standing with diminished range of
motion. She also endorses numbness and tingling and hyperalgesia in her right lateral
thigh. The patient since the accident has also had chronic neck stiffness and pain which
she grades as 7 to 8/10 with occasional radiation to her left arm.
Since the accident she has also had headaches. These are new since the accident. These
headaches start in her bilateral occipital region with no accompanying photophobia and
phonophobia or nausea. They are occurring approximately one time a week and are
worsened when her neck pain is severe. Since the accident she has also had chronic
dizziness and lightheadedness with occasional vertigo. Since the accident she has also
had difficulty making complicated decisions. She is more tearful. She feels that she is
in "fight or flight." She is scared of wind and trees. She endorses depression and
anxiety. She has also felt scared to be in a car. She was just overall more "afraid." She
denies sleep difficulties.
Neurologic exam was performed. Patient has 50% numbness to light touch and pinprick
in her right lateral thigh. She has decreased range of motion in her neck. Tinel's was
negative. Montreal Cognitive Assessment (MoCA) was 27/30 missing points for
attention and delayed recall.
Review of Medical Records
07 /19/13, Big Sur Health Center progress note, wellness exam for Pap smear.
07/31/13, breast care center screening mammogram.
06/06/2017, Dr. Ken Hashimoto, followup tendonitis. Pain in the base of the right
thumb. Steroid injection performed.
03/29/18, followup of lesion, bottom of foot, right thumb pain.
02/03/2019, Community Hospital of Monterey Peninsula. 64-year-old female who
presents with status post trauma. Patient had a large eucalyptus branch fell onto
her left shoulder and left upper extremity. The branch did not hit her head. She
did not lose consciousness. No chest pain but states "hard to take a deep breath."
X-ray showed left anterior shoulder dislocation. The shoulder was successfully
reduced with interscalene nerve block. Patient was discharged.
02/13/19, City of Carmel-by-the-Sea fire ambulance. Glasgow Coma Scale 15.
Patient was working outside barn. Large eucalyptus branch broke off and fell
striking the patient, causing her to fall to the ground. Upon arrival the patient was
alert and oriented, lying right lateral on hay bales. Two bystanders, patient
complaining of left arm and shoulder pain. Large tree branch needed to be
removed via chain saw to get patient out of barn. Patient was taken to hospital.
Community Hospital of Monterey Peninsula. Date of admission 02/14/2019, date
of discharge 02/19/2019. 64-year-old female with recent left shoulder dislocation
and successful reduction, presents back to the emergency room with headache, left
shoulder and chest pain that began yesterday. A tree branch fell onto her left
shoulder yesterday. She came in because pain today is worsening. Pain in the
chest and shoulder, unable to lie flat, worsening headache. A "crater size dent" in
her head. Head CT was negative. Left pneumothorax was noted. Patient was
admitted for traumatic pneumothorax 25%. Patient was followed. Thoracic
surgery was consulted. Left rib fractures are evident. Pigtail chest tube was
placed. Daily progress notes, labs and nursing notes reviewed. Prescription and
meds reviewed. Billing reviewed.
Multiple handwritten notes from 1984, Community Hospital of Monterey Peninsula
for OB-GYN care, ear infections, childbirth.
02/27 /19, hospital followup, Dr. Hashimoto. Followup traumatic pneumothorax.
Left shoulder pain, shoulder dislocation.
03/29/19, followup traumatic pneumothorax, elevated blood pressure.
05/28/19, Dr. Ken Hashimoto, followup labs. Traumatic pneumothorax.
09/24/19, followup hypertension, obesity. Labs reviewed.
11/12/19, progress note, Big Sur Health, wellness exam for Pap smear.
Wellspring Psychological Services, 11/26/19. Multiple handwritten notes for
psychotherapy related to the accident. Patient diagnosed with posttraumatic stress
disorder.
04/02/2020, Dr. Ken Hashimoto, followup annual exam.
November 23, 2021, deposition of Jocelyne Harris-Hoch. Patient has been working
as an independent contractor since February 2015 as a shepherd. Works with
husband. 55 sheep in the flock. Was knocked to the ground. Hit posterior part of
arm and left shoulder. Landed face down. Had to crawl. Severe pain. Next day
having trouble breathing. Went back to the emergency room. Found to have the
pneumothorax. Now more fearful and anxious. Did physical therapy. Cannot
swim as fast, decreased shoulder range of motion. Harder to lift things. Less
active. Went to orthopedic surgeon.
05/31/22, Dr. Jonathan Rutchik, Neurology and Occupational Environmental
Medicine. 68-year-old right-handed ranch hand who complains of pain in her neck,
left shoulder, lower back and bilateral thigh, numbness and tingling in right and left
forearm, wrist, hand and all five digits, numbness of the right lateral thigh.
Differential diagnosis for this patient's history and physical exam includes cervical
radiculopathy, brachia! plexopathy, thoracic outlet syndrome, shoulder tendonitis,
forearm tendonitis, thumb tendonitis as well as ulnar and medial and radial
entrapment neuropathy. EMG nerve conduction study was perfonned in all four
extremities. Conclusion; abnormal study. Electrophysiologic evidence of median
neuropathy at both sides at the wrist.
Monterey Joint and Spine, multiple physical therapy notes reviewed.
May 31, 2022, Dr. Jonathan Rutchik, neurology and electromyography,
occupational environmental medicine note. Right thigh pain, severe burning. Left
shoulder clumsiness and hesitancy. Patient complaining of stiffness in her neck
and back, numbness with driving with both hands . Pain in the right outer thigh.
Tenderness to the cervical paraspinals and trapezius with some subjective
complaints on extension of the shoulder. EMG, nerve conduction study revealed
bilateral moderate median neuropathy. Summary; 68-year-old right-handed female
with no significant past medical history, injured her left shoulder on 12/13/2019.
Large eucalyptus branch fell and hit her on the left shoulder dislocating it. No loss
of consciousness. The following day she presented to the ER again. CT scan of
the chest confirmed 25% pneumothorax. Cardiothoracic surgery was consulted.
Recommended that pigtail catheter be placed. Patient was hospitalized, seen by
orthopedist, Dr. Michael Pitta, 02/26/2019. Had pain, pins and needles sensation,
large Hill-Sachs lesion. Continued achiness, pins and needles sensation.
Recommends hand therapy, hand surgery consultation, MRI lumbar spine, possible
epidural, anxiety, acupuncture, yoga, meditation.
Assessment and Conclusions
After performing an independent neurological evaluation on Ms. Jocelyne Harris-
Hoch in my office on 12/12/2022 as well as reviewing the above medical records, I
believe that Ms. Harris-Hoch has suffered a mild postconcussive syndrome status
post tree falling on 02/13/2019. The patient has residual headaches, dizziness and
decision-making difficulty. In addition, the patient has suffered a left shoulder
injury and traumatic pneumothorax and multiple broken ribs as a direct result of the
above accident. Patient should be ruled out for cervical radiculopathy and cervical
facet arthropathy. Patient also has carpal tunnel syndrome. The patient has
persistent right leg numbness and low back pain after the accident, rule out lumbar
radiculopathy and lumbar facet arthropathy. Patient also has symptoms of anxiety
and PTSD after the accident.
1. Recommend patient needs an MRI of her brain, cervical spine and lumbar
spine.
2. May consider epidural steroid injections, facet blocks and radiofrequency
ablations in the future if indicated.
3. Continue followup with psychiatry and therapy.
4. Balance therapy for persistent dizziness.
5. Carpal tunnel splint. Consider steroid injections and surgical evaluation.
6. Physical therapy and occupational therapy.
7. Consider trials of Maxalt, Nurtec and Ubrelvy for postconcussive
headaches.
Thank you for the opportunity to take care for Ms. Harris-Hoch. Please do not
hesitate to contact me with any questions.
Sincerely,
MMlsci CVlliV\.g, M.D. 'BOCIYG1 Certlflec! Nel.{YOL0gi:j
MEDICAL LEGAL FEE SCHEDULE FOR MARISA C. CHANG, M.D.,
INCORPORATED
SERVICE FEE
Neurological Independent Medical Evaluation/Exam $1,200/hour
Neurodiagnostic Testing (EEG, EMG, Electrodiagnostic, Scans) Unit Price
Review of Records/MRI Scans/CT Scans/X-Rays, etc $900/hour
Medical Research
Report Preparation $900/hour
Attorney/Consultation Conference
Travel time $900/hour
Deposition (in our office)
Payment of a 2 hour minimum is due one (1) week before deposition. $1,400/hour
Time exceeding one hour charged to the nearest quarter hour.
Deposition (out of our office)
Payment due one (1) week before deposition in full. $5,000/half day
Expert Witness for trial or arbitration
Only full day is available. $11,000/day
Payment due in full one (1) week days before trial appearance.
PLEASE NOTE:
1. A full charge for the services scheduled will be made for a missed appointment or failure to
cancel the service/appointment a full 48 hours in advance.
2. A non refundable retainer of $7,500 is required in advance of any review of records, testing or
consultation.
3. No liens accepted.
4. Payment for expert witness for trial or arbitration is due 72 hours before trial testimony.
Rates Effective 8/17/22
Marisa Corinne Chang, M.D.
Neurological Associates of West Los Angeles
2811 Wilshire Blvd. Suite 790
Santa Monica, CA 90403
(323) 633-1420
changmarisa@yahoo.com
EMPLOYMENT
Neurological Associates of West Los Angeles 2009 - present
Private Practice
UCLA Department of Neurology-Assistant Clinical Professor 2009 - present
Teach Neurology residents and staff Neurology clinic.
UCLA School of Dentistry - Lecturer 2009 - present
Teach Neurology curriculum to UCLA dental students. ·
VA West Los Angeles Medical Center 2009 - present
Headache and Pain Specialist in the chronic pain clinic.
EDUCATION
University of California, Los Angeles 2008 - 2009
Fellow, Headache and Pain
University of California, Los Angeles 2005 - 2008
Neurology Resident
Chief Resident 2007 - 2008
Santa Barbara Cottage Hospital 2004 - 2005
Medical Intern
University of California, Irvine College of Medicine 2000- 2004
M.D.
University of Southern California 1996 - 2000
B.S. - Psychobiology, Minor - Gerontology, summa cum laude
LICENSURE
State of California
Certificate number A93 323
Drug Enforcement Agency
Number BC9659434
Fluoroscopy Supervisor and Operator
Permit Number RHC 167754
BOARD CERTIFICATION
Board Certified Neurology and Psychiatry 11/08
National Board of Medical Examiners 2005
HONORS AND AWARDS
Medical Student Teaching Award 2008, 2009
Voted by the UCLA medical students as the one best resident teacher.
Scholarship Recipient - American Headache Society 2007
To attend the 49 th annual scientific meeting and Trainee membership
Best Poster Award - UCLA Department of Neurology 2007
UCLA Neurology and Neuroscience Trainees Annual Poster Session
AOA (Alpha Omega Alpha) Honor Society Elected in 2003
Regent's Scholar 2000 - 2004
Four year merit based scholarship awarded to selected incoming medical students.
Phi Beta Kappa Elected in 2000
Trustee Scholar 1996 - 2000
One of 100 students chosen upon admission to USC to receive a 4-year full tuition
academic scholarship.
Provost's Award 2000
Awarded to one graduating student for excellence in undergraduate research.
Louise Kerckhoff Prize 2000
Awarded for best undergraduate paper.
Other Undergraduate Honor Societies 1996 - 2000
Phi Kappa Phi, Blue Key, Golden Key (President), Mortar Board, Order of the Torch and
the Tassel.
LEADERSHIP
AHS - Special Interest Section, Interventional Management/Nerve Blocks 2008 - present
Chief Resident - UCLA Department of Neurology 2007 - 2008
Resident Representative - Residency Training Committee 2006 - 2008
Resident Representative - Grand Rounds Committee 2007 - 2008
President - Student Interest Group in Neurology 2001 - 2004
Founder - Physician Mentorship Program 2000 - 2004
Piloted program matching medical students with physician mentors in their field of
interest.
Chair - Ambassador's Program 2001 - 2002
Organized special tours and appearances on behalf ofUCI College of Medicine.
Vice-President - American Medical Student Association 2001 - 2002
Treasurer - American Medical Association 2001 - 2002
Training Manager - Madres de! Futuro Pre-Natal Clinic 2001 - 2002
Trained all new medical student and undergraduate volunteers to work at UCI's free
prenatal clinic. Worked with translators to develop patient education materials in
Spanish and Vietnamese.
Plexus Editorial Board Member and contribnting photographer - 2000 - 2003
UCI's art and humanities journal.
President and Founder - Trojans for Integrity 1997 - 2000
Established academic standards and spoke to over 3000 students.
President - USC Student Alumni Association 1998 - 2000
Coordinated USC's extensive alumni base.
2
GRANTS
American Academy of Neurology Summer Research Scholarship
Studied cognitive changes in Down's syndrome as a predictor for early Alzheimer's
disease. Ira T. Lott, M.D. and Linda D. Nelson, Ph.D. principal investigators. 2001 -
2004.
NIH Short-Term Research Training Grant
Studied cognitive changes in Down's syndrome as a predictor for early Alzheimer's
disease. Ira T. Lott, M.D. and Linda D. Nelson, Ph.D. principal investigators. 2001 -
2004.
RESEARCH
Research Associate 2001 - 2004
Ira T. Lott, M.D. and Linda D. Nels
Preview
1 JAMES E. SELL, ESQ. (SBN 135935) Jsell@tysonmendes.com 2 ALLISON M. LAWRENCE, ESQ. (SBN 290770) Alawrence@tysonmendes.com 3 TYSON & MENDES LLP 4 371 Bel Marin Keys Blvd., Suite 100 Novato, CA 94949 5 Telephone: (628) 253-5070 Facsimile: (415) 785-3165 6 Attorneys for Defendants, 7 HOMESTEAD INN, LLC, THE MISSION RANCH, INC. AND 8 CLINTON EASTWOOD AND HOWARD BERNSTEIN, AS TRUSTEES OF THE 1988 CLINTON EASTWOOD TRUST (1997 RESTATEMENT) U/D/T DATED MAY 16, 1988 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF MONTEREY 12 JOCELYN HARRIS-HOCH, an individual Case No.: 19CV003271 Assigned to Hon. Thomas Wills, Dept. 15 13 Plaintiff, 14 v. DECLARATION OF ALLISON M. LAWRENCE IN SUPPORT OF 15 MISSION RANCH, INC., a California DEFENDANTS’ MOTION TO Corporation; HOMESTEAD INN, LLC, a COMPEL MENTAL EXAMINATION 16 California Corporation; MISSION RANCH OF PLAINTIFF HOTEL AND RESTAURANT, a business 17 organization, form unknown; and DOES 1 through 30, inclusive, Date: March 21, 2023 18 Time: 8:30 a.m. Defendants. Dept: 15 19 20 AND RELATED CROSS-ACTION Case Filed: August 14, 2019 21 Trial Date: May 1, 2023 22 23 I, Allison M. Lawrence, declare as follows: 24 1. I am an attorney duly licensed to practice before all of the courts of the State of 25 California. I am a partner with the law firm of Tyson & Mendes, LLP, attorneys of record for 26 defendants HOMESTEAD INN, LLC, THE MISSION RANCH, INC. AND CLINTON 27 EASTWOOD AND HOWARD BERNSTEIN, AS TRUSTEES OF THE 1988 CLINTON 28 EASTWOOD TRUST (1997 RESTATEMENT) U/D/T DATED MAY 16, 1988 (collectively, 1 DECLARATION OF ALLISON M. LAWRENCE IN SUPPORT OF DEFENDANTS’ MOTION TO COMPEL MENTAL EXAMINATION OF PLAINTIFF 1 “defendants”). 2 2. I am personally familiar with the course of all proceedings in this action. If called 3 as a witness, I can and will testify from personal knowledge of the following: 4 3. Plaintiff filed her initial Complaint for damages on August 14, 2019, alleging 5 causes of action for premises liability and negligence and naming defendants Mission Ranch, Inc. 6 and Homestead Inn, LLC. Plaintiff claims she sustained personal injuries following a tree branch 7 falling on her during a heavy windstorm at Mission Ranch on February 13, 2019 at 8 approximately 8:30 a.m. At the time of the incident, plaintiff was working as an independent 9 contractor for Mission Ranch and was tending to sheep who were involved in the removal of 10 vegetation on the property. 11 4. According to plaintiff, the falling branch struck her left arm and shoulder and 12 caused her to be knocked over. She crawled away from where the branch landed and began 13 calling out for help. She did not lose consciousness and was aware of her surroundings. She 14 sought various medical treatment following the incident to treat for orthopedic injuries. She did 15 not treat with a neurologist or neuropsychologist, or claim a traumatic brain injury prior to 16 December 2022. 17 5. Plaintiff alleges she suffered a collapsed lung, broken ribs and dislocated left 18 shoulder, as well as psychiatric injuries. On the date of the incident (2/13/19) plaintiff was 19 transported to Community Hospital of Monterey Peninsula with complaints of left shoulder pain. 20 She denied chest pain but did report it was difficult to take deep breaths. She denied loss of 21 consciousness, head pain or cervical pain. An x-ray of plaintiff’s left shoulder confirmed 22 dislocation. A joint reduction procedure of the left shoulder was performed successfully. X-rays 23 of plaintiff’s chest appeared normal. Plaintiff was given a sling, prescribed pain medication and 24 discharged after a few hours. She was not diagnosed with a brain injury and did not complain of 25 any cognitive or brain injury related symptoms. 26 6. Plaintiff claims that the following day she was having trouble breathing so she 27 went back to the emergency room to undergo further x-rays of the chest area. According to the 28 2 DECLARATION OF ALLISON M. LAWRENCE IN SUPPORT OF DEFENDANTS’ MOTION TO COMPEL MENTAL EXAMINATION OF PLAINTIFF 1 records from Community Hospital of Monterey Peninsula on February 14, 2019, plaintiff also 2 presented with headaches during the visit. Plaintiff’s husband told the attending physician there 3 was a “crater sized dent” in plaintiff’s head. The attending physician noted a small amount of 4 scalp bruising but did not see any evidence of significant head trauma or injury. She denied 5 any nausea, vomiting or abdominal pain. A CT scan of the head was unremarkable. She was 6 not diagnosed with a brain injury and did not complain of any cognitive or brain injury related 7 symptoms. 8 7. On March 29, 2019, plaintiff presented to her primary care physician Dr. Ken 9 Hashimoto for an appointment. She complained of feeling tired and fatigued, but denied feeling 10 sad or depressed. She was not diagnosed with a brain injury and did not complain of any 11 cognitive or brain injury related symptoms. 12 8. On March 2, 2021, plaintiff returned to see Dr. Hashimoto with complaints of 13 neck tightness and bilateral arm pain. She stated she was no longer experiencing weakness in her 14 arms. She was diagnosed with muscle spasms and a strain of the trapezius muscle. She was not 15 diagnosed with a brain injury and did not complain of any cognitive or brain injury related 16 symptoms. 17 9. Plaintiff was deposed on November 23, 2021. At the deposition, she was asked in 18 detail about her physical complaints and the medical treatment she underwent following the 19 incident. She did not disclose any cognitive complaints and did not disclose any treatment for an 20 alleged traumatic brain injury. 21 10. In late December 2022, defendants were first made aware plaintiff was claiming a 22 traumatic brain injury. 23 11. Along with this claim, Plaintiff claims she suffers from headaches, chronic 24 dizziness, difficulty making “complicated decisions,” living in “fight or flight” mode, that she is 25 more tearful, that she afraid of wind and trees and that she suffers from depression and anxiety. 26 12. On Monday, February 27, 2023, Defendants wrote to Plaintiff’s counsel, Mr. 27 Paymon Khatibi, stating Defendants intended to notice orthopedic, neurology and 28 3 DECLARATION OF ALLISON M. LAWRENCE IN SUPPORT OF DEFENDANTS’ MOTION TO COMPEL MENTAL EXAMINATION OF PLAINTIFF 1 neuropsychology IMEs of Mr. Harris-Hoch. In that correspondence, Defendants inquired if 2 Plaintiff was agreeable to waiving statutory notice should a convenient date prior to the notice 3 period work for the doctors and Plaintiff. (Attached hereto as Exhibit A is a true and correct copy 4 of this correspondence.) 5 13. On February 28, 2023, Plaintiff’s counsel responded and stated “I can agree to one 6 orthopedic examination for all defendants (not one for each defendant) and one neurologist 7 examination for all defendants (not one for each defendant). However, we believe that a 8 neuropsychologist examination would be cumulative and improper. It is also worth noting that 9 the plaintiff will not have a neuropsychologist at trial. If you disagree, please provide your 10 reasoning and provide relevant case law supporting your position.” (Attached hereto as Exhibit B 11 is a true and correct copy of this correspondence.) 12 14. Defendants relied on this representation from Plaintiff’s counsel when deciding 13 whether to notice/compel the neuropsychological IME. 14 15. All of these communications took place prior to the “IME notice cutoff” of March 15 3, 2023. 16 16. On March 13, 2023, all parties disclosed experts. Despite Plaintiff’s counsel’s 17 representation Plaintiff would not be calling a neuropsychologist at trial, Plaintiff disclosed 18 neuropsychiatrist Dr. Lester M. Zackler. The accompanying Declaration of Plaintiff’s counsel 19 states Dr. Zackler “may be called to testify on causation and damages, as it pertains to the 20 Plaintiff’s psychological/psychiatric injuries. (Attached hereto as Exhibit C is a true and 21 correct copy of Plaintiff’s Disclosure of Expert Witnesses and Accompanying Declaration.) 22 17. In light of this change from counsel’s representation, Defense counsel sent a 23 detailed meet and confer letter regarding the need for the mental IME prior to filing the instant 24 motion, no to avail. (Attached hereto as Exhibit D is a true and correct copy of this 25 correspondence.) 26 18. The meet and confer letter included a proposed Stipulation to the Mental IME, 27 along with a Demand for Mental Examination of Plaintiff with Dr. Alexis Smith to take place on 28 4 DECLARATION OF ALLISON M. LAWRENCE IN SUPPORT OF DEFENDANTS’ MOTION TO COMPEL MENTAL EXAMINATION OF PLAINTIFF 1 March 27, 2023. The notice outlines each test, procedure and part of the examination as required. 2 (Attached hereto as Exhibit E is a true and correct copy of Defendants’ Demand for Mental 3 Examination of Plaintiff with Dr. Alexis Smith.) 4 19. As of the filing of this Motion, Plaintiff has still not agreed to submit to this 5 necessary IME. 6 20. On March 20, 2023, Defendants’ counsel informed all counsel by e-mail of the 7 date, time, location, and substance of the ex parte hearing. (Attached hereto as Exhibit F is a 8 true and correct copy of this correspondence.) 9 10 I declare under the penalty of perjury under the laws of the State of California that the 11 foregoing is true and correct. Executed on March 20, 2023, in Sonoma, California. 12 13 ________________________________ 14 ALLISON M. LAWRENCE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 DECLARATION OF ALLISON M. LAWRENCE IN SUPPORT OF DEFENDANTS’ MOTION TO COMPEL MENTAL EXAMINATION OF PLAINTIFF EXHIBIT A On Mon, Feb 27, 2023 at 2:38 PM Allison Lawrence wrote: Paymon, Thank you for speaking with me just now about the various outstanding discovery issues. I am glad we were able to have a productive discussion. The following is a summary of our conversation. Please let me know if I have mis-stated what we discussed or have left anything out. 1. Amended Responses to Special Interrogatories/Form Interrogatories, Set One on behalf of the Trust • I have the responses in final format and will serve them along with verifications in the next couple of days. 2. Responses to Form Interrogatories, Set Two on behalf of the Trust • I will provide verified responses by Friday, March 3, 2023. 3. Deposition of Clinton Eastwood • My office intends to file a Motion for Protective Order by Wednesday. • I will confirm with you by tomorrow if we have reconsidered this position. 4. Motion to Continue Trial • Our initially filed motion was rejected by the clerk because we had not selected a date. • After discussion with all parties, a date of March 24, 2023 was selected for the motion. Unfortunately, by the time my assistant went to re-file the papers, the date was no longer available and the soonest date was April 28, 2023 which is obviously too late given the 5/1 trial date. • We intend to go in ex parte next Tuesday, March 7 to request an earlier hearing date on the motion. We will send proper notice of the appearance and meet and confer with all parties on dates convenient for the motion so we can inform the judge of same at the ex parte hearing. 5. Continued Deposition of Danny Moises • We will set the continued deposition of Mr. Moises with a translator. Please let me know what date(s) you prefer, and I will work with the witness to confirm. 6. IMEs • We intend to notice an orthopedic IME of your client. Please let us know if you are agreeable to waiving statutory notice should a convenient date prior to the notice period work for the doctor and your client. • Given your client’s TBI claims, we would like additional IMES with a neurologist and neuropsychologist. Will you agree to produce your client for these IMEs or will we need to obtain a court order? Please let me know if there is anything I left out. I look forward to hearing back from you. Thanks, Allison M. Lawrence, Esq. Partner 371 Bel Marin Keys Blvd., Suite 100 Main: 628.253.5070 Cell: 209.499.0569 Direct: 628.253.5074 Fax: 415.785.3165 alawrence@tysonmendes.com www.tysonmendes.com This email and any attachments are from the law firm of Tyson & Mendes, LLP. This email is intended only for the use of the addressee and may contain information that is proprietary, confidential, privileged, or protected by state or federal law. If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this email and attachments are prohibited. If you received this email in error, please notify us by reply email immediately so we may arrange for the retrieval of the information. EXHIBIT B From: Paymon Khatibi Sent: Tuesday, February 28, 2023 1:16 PM To: Allison Lawrence Cc: Daniel Balaban Subject: Re: Harris-Hoch v Mission Ranch, et al Hi Allison: Thank you for your email regarding the outstanding discovery issues. Please find below my response to each of the topics raised: 1. Amended Responses to Special Interrogatories/Form Interrogatories, Set One: You informed me that the responses are in final format and will be served with verifications in the next few days, I believe you said no later than this Friday during our call. I appreciate the update and would like to note that my meet and confer letter also included a Request for Production, Set One. 2. Responses to Form Interrogatories, Set Two: I believe you said by this Friday during our call as well. I would like to reiterate that the defendant has waived objections, and I kindly request that no objections be included in the responses unless you can provide case law to the contrary to support your client's objections. 3. Deposition of Clinton Eastwood: I request that you provide us with the proposed parameters that would enable us to proceed with the deposition. Despite our willingness to limit the deposition's time, location, and scope, there has been no attempt to offer a compromise or reach a middle ground on this matter. I don't think our judge will appreciate the lack of good faith effort. 4. Motion to Continue Trial: I respectfully request that you reconsider your position as there appears to be insufficient grounds to warrant ex parte relief. 5. Continued Deposition of Danny Moises: I assume that Mr. Moises is available any day next week. Please confirm if this is correct. If you are not sure, please obtain his availability for next week and let me know today along with the type of translator he needs. 6. IMEs: I can agree to one orthopedic examination for all defendants (not one for each defendant) and one neurologist examination for all defendants (not one for each defendant). However, we believe that a neuropsychologist examination would be cumulative and improper. It is also worth noting that the plaintiff will not have a neuropsychologist at trial. If you disagree please provide your reasoning and provide relevant case law supporting your position. Thank you for your attention to these matters. EXHIBIT C 1 BALABAN & SPIELBERGER, LLP Daniel Balaban, Esq. (SBN 243652) 2 Daniel@dbaslaw.com Andrew Spielberger, Esq. (SBN 120231) 3 Andrew@dbaslaw.com 4 11999 San Vicente Boulevard, Suite 345 Los Angeles, CA 90049 5 Phone: (424) 832-7677 Fax: (424) 832-7702 6 WAVE LAW FIRM, APC 7 Paymon A. Khatibi, Esq. (SBN 282651) 8 p@wavelawfirm.com 8605 Santa Monica Boulevard, #63655 9 West Hollywood, CA 90069 Phone: (831) 515-1010 10 Fax: (831) 515-1011 11 Attorneys for Plaintiff, 12 JOCELYNE HARRIS-HOCH 13 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 COUNTY OF MONTEREY 16 Case No.: 19CV003271 17 JOCELYNE HARRIS-HOCH; [Hon. Thomas W. Wills, Dept 15] 18 Plaintiffs, 19 vs. PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES; DECLARATION 20 OF PAYMON A. KHATIBI, ESQ. MISSION RANCH, INC., a California 21 Corporation; HOMESTEAD INN, LLC, a California Corporation; MISSION RANCH 22 HOTEL AND RESTAURANT, a business organization, form unknown; and DOES 1 23 through 30, inclusive, 24 Defendants. 25 Complaint Filed : August 14, 2019 AND ALL RELATED CROSS-ACTIONS. Trial Date : May 1, 2023 26 27 28 PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES; DECLARATION OF PAYMON A. KHATIBI, ESQ. 1 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 2 Plaintiff Jocelyne Harris-Hoch hereby provides the following designation of expert 3 witnesses pursuant to CCP § 2034.210 and CCP § 2034.260. 4 Plaintiff nominates the following categories of experts. Should new allegations or 5 contentions be made, Plaintiff reserves the right to nominate and to call at the time of the trial such 6 further experts as Plaintiff may deem advisable or appropriate. Plaintiff invites any other party 7 herein to make known to Plaintiff its or their contentions or allegations not previously set forth. 8 RETAINED EXPERTS 9 1. Marisa C. Chang, M.D.; 2811 Wilshire Blvd., Suite 790, Santa Monica, CA 90403; (323) 10 633-1420. 11 2. Murray A. Solomon, M.D.; Los Gatos MRI, 800 Pollard Road, Suite B-101, Los Gatos, CA 12 95030; 408-374-8897. 13 3. Bradley A. Jabour, M.D.; 2811 Wilshire Blvd., Santa Monica, CA 90403; (310) 829-9788. 14 4. Lester M. Zackler, M.D.; 12042 Rialto St., Sun Valley, CA 91352; (818) 789-8495. 15 5. Thomas W. Peatman, M.D.; 107 Lyndhurst Place, San Ramon, CA 94583; (510) 459-8942. 16 17 6. Jan Null, CCM; Golden Gate Weather Services, PO Box 3373, Half Moon Bay, CA 94019- 3373; (650) 712-1876. 18 7. John W. Sevier; 656 Ashmore Ave., New Braunfels, TX, 78130; (830) 629-4444. 19 20 8. Fred Del Marva, PI, PPO; 21666 North 58th Avenue, Arrowhead Lakes, Glendale, Arizona, 85308; (623) 566-5300. 21 22 23 DATE: March 13, 2023 WAVE LAW FIRM, APC 24 1m-1PfJJ.t:P By: _________________________________ 25 Paymon A. Khatibi, Esq. Attorney for Plaintiff 26 JOCELYNE HARRIS-HOCH 27 28 1 PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES; DECLARATION OF PAYMON A. KHATIBI, ESQ. 1 DECLARATION OF PAYMON A. KHATIBI, ESQ. 2 I, Paymon A. Khatibi, declare and say that: 3 I am an attorney at law licensed to practice before all of the courts of the State of California, 4 and an attorney at WAVE LAW FIRM, APC an attorney of record for the Plaintiff. As such, I 5 have personal knowledge of the facts surrounding the present action and all facts herein stated. If 6 called as a witness, I could testify competently to the following: 7 I represent that the experts who have been retained by the Plaintiff and disclosed in the 8 accompanying list will testify at trial and will be sufficiently familiar with the pending action to 9 allow for meaningful oral deposition in accordance with CCP § 2034.260(c)(4). The Plaintiff has 10 no control over non-retained experts and can make no representations regarding their abilities or 11 capacities other than as apparent from the public record or deposition testimony herein. 12 The Plaintiff reserves the right to call any and all experts necessary to rebut expert 13 testimony given at the time of trial and undertake further preparations as may be necessary to 14 respond to issues, facts, and expert testimony advanced hereafter by petitioners. At the time of this 15 disclosure, the Plaintiff has not received any meaningful disclosure of the defenses or any other 16 facts advanced by petitioners that may call for responsive expert examination and opinion 17 testimony. 18 1. Marisa C. Chang, M.D. 19 (a) Dr. Chang is an expert in Neurology. 20 (b) Dr. Chang may be called to testify on causation and damages issues pertaining to any 21 neurological injuries including spinal cord injury and brain injury to Plaintiff. 22 (c) Dr. Chang will testify at trial. 23 (d) Dr. Chang will be sufficiently familiar with the pending action to submit to a 24 meaningful oral deposition concerning the specific testimony, including any opinions 25 and the bases of these opinions at trial. 26 (e) Dr. Chang’s fee for deposition testimony at her office is $1,400.00 per hour (two-hour 27 minimum) out of her office is $5,000/half-day plus travel. Payment due one week 28 -2- PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES; DECLARATION OF PAYMON A. KHATIBI, ESQ. 1 before deposition. A copy of Dr. Chang’s CV, Fee Schedule and report is attached as 2 Exhibit 1. 3 4 2. Murray A. Solomon, M.D. 5 (a) Dr. Solomon is an expert in Neuroradiology. 6 (b) Dr. Solomon may be called to testify on causation and damages issues related to 7 medical imaging performed on Plaintiff. 8 (c) Dr. Solomon will testify at trial. 9 (d) Dr. Solomon will be sufficiently familiar with the pending action to submit to a 10 meaningful oral deposition concerning the specific testimony, including any opinions 11 and the bases of these opinions at trial. 12 (e) Dr. Solomon’s fee for deposition testimony is $950 per hour, plus travel. A copy of Dr. 13 Solomon’s CV, Fee Schedule and report is attached as Exhibit 2. 14 15 3. Bradley A. Jabour, M.D. 16 (a) Dr. Jabour is an expert in Neuroradiology. 17 (b) Dr. Jabour may be called to testify on causation and damages issues related to medical 18 imaging performed on Plaintiff. 19 (c) Dr. Jabour will testify at trial. 20 (d) Dr. Jabour will be sufficiently familiar with the pending action to submit to a 21 meaningful oral deposition concerning the specific testimony, including any opinions 22 and the bases of these opinions at trial. 23 (e) Dr. Jabour’s fee for deposition testimony in his office is $5,000 up to 2 hours and 24 $2,500 per added hour or increment thereof. Depositions out of his office are $7,500 25 up to 2 hours, $3,000 per added hour or increment thereof, plus travel. A copy of Dr. 26 Jabour’s CV, Fee Schedule and report is attached as Exhibit 3. 27 28 -3- PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES; DECLARATION OF PAYMON A. KHATIBI, ESQ. 1 4. Lester M. Zackler, M.D. 2 (a) Dr. Zackler is a Neuropsychiatric expert. 3 (b) Dr. Zackler may be called to testify on causation and damages, as it pertains to the 4 Plaintiff’s psychological/psychiatric injuries. 5 (c) Dr. Zackler will testify at trial. 6 (d) Dr. Zackler will be sufficiently familiar with the pending action to submit a meaningful 7 oral deposition concerning specific testimony, including any opinions and their bases 8 at trial. 9 (e) Dr. Zackler's fee for deposition is $1,000.00 per hour (2-hour minimum), plus travel. A 10 copy of Dr. Zackler’s CV and Fee Schedule is attached as Exhibit 4. 11 12 5. Thomas W. Peatman, M.D. 13 (a) Dr. Peatman is an Orthopedic expert. 14 (b) Dr. Peatman may be called to testify on causation and damages, as it pertains to the 15 Plaintiff’s orthopedic injuries. 16 (c) Dr. Peatman will testify at trial. 17 (d) Dr. Peatman will be sufficiently familiar with the pending action to submit to a 18 meaningful oral deposition concerning specific testimony, including any opinions and 19 their bases at trial. 20 (e) Dr. Peatman’s fee for deposition testimony is $1,000 per hour (1-hour prepaid), plus 21 travel. A copy of Dr. Peatman’s CV, Fee Schedule and report is attached as Exhibit 22 5. 23 24 6. Jan Null, CCM 25 (a) Mr. Null is a Certified Consulting Meteorologist. 26 (b) Mr. Null may be called to testify on issues of the weather history and patterns at the 27 area of the subject property, including on the day of the subject incident. 28 -4- PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES; DECLARATION OF PAYMON A. KHATIBI, ESQ. 1 (c) Mr. Null will testify at trial. 2 (d) Mr. Null will be sufficiently familiar with the pending action to submit to a meaningful 3 oral deposition concerning the specific testimony, including any opinions and their 4 bases at trial. 5 (e) Mr. Null fee for deposition testimony is $450.00 per hour (1.5-hour minimum), plus 6 travel. A copy of Mr. Null’s CV, Fee Schedule and report is attached as Exhibit 6. 7 8 7. John W. Sevier 9 (a) Mr. Sevier is a Certified Arborist. 10 (b) Mr. Sevier may be called to testify on issues of liability including the dangerous 11 condition of the subject tree, tree safety and tree maintenance, and the standard of care 12 regarding tree safety and maintenance. 13 (c) Mr. Sevier will testify at trial. 14 (d) Mr. Sevier will be sufficiently familiar with the pending action to submit to a 15 meaningful oral deposition concerning the specific testimony, including any opinions 16 and their bases at trial. 17 (e) Mr. Sevier’s fee for deposition testimony is $450 for the first hour, then, subsequent 18 hours are to be billed at $300 per hour. A two-hour minimum is required for 19 depositions, plus travel. A copy of Mr. Sevier’s CV and Fee Schedule is attached as 20 Exhibit 7. 21 22 8. Fred Del Marva, PI, PPO 23 (a) Mr. Marva is a Hospitality Industry Standard of Care Expert. 24 (b) Mr. Marva may be called to testify on issues of the standard of care for premises safety, 25 including the hospitality industry. 26 (c) Mr. Marva will testify at trial. 27 28 -5- PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES; DECLARATION OF PAYMON A. KHATIBI, ESQ. 1 (d) Mr. Marva will be sufficiently familiar with the pending action to submit to a 2 meaningful oral deposition concerning the specific testimony, including any opinions 3 and their bases at trial. 4 (e) Mr. Marva’s fee for deposition testimony is $2,000 per day or partial day, plus travel. 5 A copy of Mr. Marva’s CV and Fee Schedule is attached as Exhibit 8. 6 7 The Plaintiff reserves the right to call any other expert witnesses by any way of rebuttal, if 8 necessary, to testify to the falsity or nonexistence of any fact used as the foundation for any opinion 9 by an expert witness called by petitioners at the trial. The Plaintiff further reserve the right to call 10 any expert witness designated by any other party. 11 I declare under penalty of perjury under the laws of the State of California that the foregoing 12 is true and correct. 13 Executed on March 13, 2023 Los Angeles, California. 14 15 Paymon A. Khatibi, Esq. 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES; DECLARATION OF PAYMON A. KHATIBI, ESQ. EXHIBIT 1 NEUROLOGICAL ASSOCIATES ·rJ;i e I 1/\,te 1,ve 1/\,Ho 1/\,Cl l c; vovrp Marisa C. Chang, M.D. , Inc Sheldon E. Jordan, M.D., Inc 2811 WIishire Ellvd Suite 790 Santa Monica, CA 90403 Phone 310 829 5988 Fu 310 453 3685 December 15, 2022 Re: Jocelyne Harris-Hoch DOB: 03/03/1954 To Whom It May Concern: I had the pleasure of performing an independent neurological evaluation on Ms. Jocelyne Harris-Hoch on 12/12/2022 in my office. To summarize, Ms. Harris- Hoch is a 68-year-old female with no significant past medical history, specifically no history of head trauma or concussion. The patient was in her usual state of excellent health up until 02/13/2019 when she was working as a shepherd with sheep in Carmel. It was a windy stormy day. She was sorting the sheep and feeding them as usual. She went around the barn shed to get grain. She saw large eucalyptus trees blowing in the wind. She waited for the wind to die down and then went to scoop feed. There was a big gust of wind and a huge eucalyptus branch fell, hit the barn and then hit the patient's left shoulder, back and back of her left head. She fell down and dislocated her left shoulder. The patient is not sure if she lost consciousness. She states that she felt like she was going to pass out but not sure if she did. Her glasses and the beanie that she was wearing on her head went flying. She was screaming for help. The patient was taken to the emergency room where she had a dislocated shoulder. She was treated and discharged. That night the patient had severe pain in her left neck, shoulder and her left back was bruised. She was short of breath. She went back to the emergency room the next day and was found to have a collapsed lung which required chest tube. She was also found to have three broken ribs. She spent five days in the hospital with sharp pain in her right lateral leg, stabbing pain, numbness and right low back pain. She had severe bruising of her head. She underwent rehabilitation of the shoulder. The patient also had severe dizziness. While she was in physical therapy she got the Epley maneuver which helped. Since the accident the patient has had persistent neurologic issues. She has a "lump" in her left shoulder and decreased mobility of the left shoulder. This affects her swimming. The left shoulder is stiffer and makes "cracky" sound. She also endorses pain in her bilateral thumbs and numbness in her bilateral hands. She has been diagnosed with carpal tunnel syndrome. This has affected her ability to milk goat. She also has persistent low back pain 5/10. This is worse with standing with diminished range of motion. She also endorses numbness and tingling and hyperalgesia in her right lateral thigh. The patient since the accident has also had chronic neck stiffness and pain which she grades as 7 to 8/10 with occasional radiation to her left arm. Since the accident she has also had headaches. These are new since the accident. These headaches start in her bilateral occipital region with no accompanying photophobia and phonophobia or nausea. They are occurring approximately one time a week and are worsened when her neck pain is severe. Since the accident she has also had chronic dizziness and lightheadedness with occasional vertigo. Since the accident she has also had difficulty making complicated decisions. She is more tearful. She feels that she is in "fight or flight." She is scared of wind and trees. She endorses depression and anxiety. She has also felt scared to be in a car. She was just overall more "afraid." She denies sleep difficulties. Neurologic exam was performed. Patient has 50% numbness to light touch and pinprick in her right lateral thigh. She has decreased range of motion in her neck. Tinel's was negative. Montreal Cognitive Assessment (MoCA) was 27/30 missing points for attention and delayed recall. Review of Medical Records 07 /19/13, Big Sur Health Center progress note, wellness exam for Pap smear. 07/31/13, breast care center screening mammogram. 06/06/2017, Dr. Ken Hashimoto, followup tendonitis. Pain in the base of the right thumb. Steroid injection performed. 03/29/18, followup of lesion, bottom of foot, right thumb pain. 02/03/2019, Community Hospital of Monterey Peninsula. 64-year-old female who presents with status post trauma. Patient had a large eucalyptus branch fell onto her left shoulder and left upper extremity. The branch did not hit her head. She did not lose consciousness. No chest pain but states "hard to take a deep breath." X-ray showed left anterior shoulder dislocation. The shoulder was successfully reduced with interscalene nerve block. Patient was discharged. 02/13/19, City of Carmel-by-the-Sea fire ambulance. Glasgow Coma Scale 15. Patient was working outside barn. Large eucalyptus branch broke off and fell striking the patient, causing her to fall to the ground. Upon arrival the patient was alert and oriented, lying right lateral on hay bales. Two bystanders, patient complaining of left arm and shoulder pain. Large tree branch needed to be removed via chain saw to get patient out of barn. Patient was taken to hospital. Community Hospital of Monterey Peninsula. Date of admission 02/14/2019, date of discharge 02/19/2019. 64-year-old female with recent left shoulder dislocation and successful reduction, presents back to the emergency room with headache, left shoulder and chest pain that began yesterday. A tree branch fell onto her left shoulder yesterday. She came in because pain today is worsening. Pain in the chest and shoulder, unable to lie flat, worsening headache. A "crater size dent" in her head. Head CT was negative. Left pneumothorax was noted. Patient was admitted for traumatic pneumothorax 25%. Patient was followed. Thoracic surgery was consulted. Left rib fractures are evident. Pigtail chest tube was placed. Daily progress notes, labs and nursing notes reviewed. Prescription and meds reviewed. Billing reviewed. Multiple handwritten notes from 1984, Community Hospital of Monterey Peninsula for OB-GYN care, ear infections, childbirth. 02/27 /19, hospital followup, Dr. Hashimoto. Followup traumatic pneumothorax. Left shoulder pain, shoulder dislocation. 03/29/19, followup traumatic pneumothorax, elevated blood pressure. 05/28/19, Dr. Ken Hashimoto, followup labs. Traumatic pneumothorax. 09/24/19, followup hypertension, obesity. Labs reviewed. 11/12/19, progress note, Big Sur Health, wellness exam for Pap smear. Wellspring Psychological Services, 11/26/19. Multiple handwritten notes for psychotherapy related to the accident. Patient diagnosed with posttraumatic stress disorder. 04/02/2020, Dr. Ken Hashimoto, followup annual exam. November 23, 2021, deposition of Jocelyne Harris-Hoch. Patient has been working as an independent contractor since February 2015 as a shepherd. Works with husband. 55 sheep in the flock. Was knocked to the ground. Hit posterior part of arm and left shoulder. Landed face down. Had to crawl. Severe pain. Next day having trouble breathing. Went back to the emergency room. Found to have the pneumothorax. Now more fearful and anxious. Did physical therapy. Cannot swim as fast, decreased shoulder range of motion. Harder to lift things. Less active. Went to orthopedic surgeon. 05/31/22, Dr. Jonathan Rutchik, Neurology and Occupational Environmental Medicine. 68-year-old right-handed ranch hand who complains of pain in her neck, left shoulder, lower back and bilateral thigh, numbness and tingling in right and left forearm, wrist, hand and all five digits, numbness of the right lateral thigh. Differential diagnosis for this patient's history and physical exam includes cervical radiculopathy, brachia! plexopathy, thoracic outlet syndrome, shoulder tendonitis, forearm tendonitis, thumb tendonitis as well as ulnar and medial and radial entrapment neuropathy. EMG nerve conduction study was perfonned in all four extremities. Conclusion; abnormal study. Electrophysiologic evidence of median neuropathy at both sides at the wrist. Monterey Joint and Spine, multiple physical therapy notes reviewed. May 31, 2022, Dr. Jonathan Rutchik, neurology and electromyography, occupational environmental medicine note. Right thigh pain, severe burning. Left shoulder clumsiness and hesitancy. Patient complaining of stiffness in her neck and back, numbness with driving with both hands . Pain in the right outer thigh. Tenderness to the cervical paraspinals and trapezius with some subjective complaints on extension of the shoulder. EMG, nerve conduction study revealed bilateral moderate median neuropathy. Summary; 68-year-old right-handed female with no significant past medical history, injured her left shoulder on 12/13/2019. Large eucalyptus branch fell and hit her on the left shoulder dislocating it. No loss of consciousness. The following day she presented to the ER again. CT scan of the chest confirmed 25% pneumothorax. Cardiothoracic surgery was consulted. Recommended that pigtail catheter be placed. Patient was hospitalized, seen by orthopedist, Dr. Michael Pitta, 02/26/2019. Had pain, pins and needles sensation, large Hill-Sachs lesion. Continued achiness, pins and needles sensation. Recommends hand therapy, hand surgery consultation, MRI lumbar spine, possible epidural, anxiety, acupuncture, yoga, meditation. Assessment and Conclusions After performing an independent neurological evaluation on Ms. Jocelyne Harris- Hoch in my office on 12/12/2022 as well as reviewing the above medical records, I believe that Ms. Harris-Hoch has suffered a mild postconcussive syndrome status post tree falling on 02/13/2019. The patient has residual headaches, dizziness and decision-making difficulty. In addition, the patient has suffered a left shoulder injury and traumatic pneumothorax and multiple broken ribs as a direct result of the above accident. Patient should be ruled out for cervical radiculopathy and cervical facet arthropathy. Patient also has carpal tunnel syndrome. The patient has persistent right leg numbness and low back pain after the accident, rule out lumbar radiculopathy and lumbar facet arthropathy. Patient also has symptoms of anxiety and PTSD after the accident. 1. Recommend patient needs an MRI of her brain, cervical spine and lumbar spine. 2. May consider epidural steroid injections, facet blocks and radiofrequency ablations in the future if indicated. 3. Continue followup with psychiatry and therapy. 4. Balance therapy for persistent dizziness. 5. Carpal tunnel splint. Consider steroid injections and surgical evaluation. 6. Physical therapy and occupational therapy. 7. Consider trials of Maxalt, Nurtec and Ubrelvy for postconcussive headaches. Thank you for the opportunity to take care for Ms. Harris-Hoch. Please do not hesitate to contact me with any questions. Sincerely, MMlsci CVlliV\.g, M.D. 'BOCIYG1 Certlflec! Nel.{YOL0gi:j MEDICAL LEGAL FEE SCHEDULE FOR MARISA C. CHANG, M.D., INCORPORATED SERVICE FEE Neurological Independent Medical Evaluation/Exam $1,200/hour Neurodiagnostic Testing (EEG, EMG, Electrodiagnostic, Scans) Unit Price Review of Records/MRI Scans/CT Scans/X-Rays, etc $900/hour Medical Research Report Preparation $900/hour Attorney/Consultation Conference Travel time $900/hour Deposition (in our office) Payment of a 2 hour minimum is due one (1) week before deposition. $1,400/hour Time exceeding one hour charged to the nearest quarter hour. Deposition (out of our office) Payment due one (1) week before deposition in full. $5,000/half day Expert Witness for trial or arbitration Only full day is available. $11,000/day Payment due in full one (1) week days before trial appearance. PLEASE NOTE: 1. A full charge for the services scheduled will be made for a missed appointment or failure to cancel the service/appointment a full 48 hours in advance. 2. A non refundable retainer of $7,500 is required in advance of any review of records, testing or consultation. 3. No liens accepted. 4. Payment for expert witness for trial or arbitration is due 72 hours before trial testimony. Rates Effective 8/17/22 Marisa Corinne Chang, M.D. Neurological Associates of West Los Angeles 2811 Wilshire Blvd. Suite 790 Santa Monica, CA 90403 (323) 633-1420 changmarisa@yahoo.com EMPLOYMENT Neurological Associates of West Los Angeles 2009 - present Private Practice UCLA Department of Neurology-Assistant Clinical Professor 2009 - present Teach Neurology residents and staff Neurology clinic. UCLA School of Dentistry - Lecturer 2009 - present Teach Neurology curriculum to UCLA dental students. · VA West Los Angeles Medical Center 2009 - present Headache and Pain Specialist in the chronic pain clinic. EDUCATION University of California, Los Angeles 2008 - 2009 Fellow, Headache and Pain University of California, Los Angeles 2005 - 2008 Neurology Resident Chief Resident 2007 - 2008 Santa Barbara Cottage Hospital 2004 - 2005 Medical Intern University of California, Irvine College of Medicine 2000- 2004 M.D. University of Southern California 1996 - 2000 B.S. - Psychobiology, Minor - Gerontology, summa cum laude LICENSURE State of California Certificate number A93 323 Drug Enforcement Agency Number BC9659434 Fluoroscopy Supervisor and Operator Permit Number RHC 167754 BOARD CERTIFICATION Board Certified Neurology and Psychiatry 11/08 National Board of Medical Examiners 2005 HONORS AND AWARDS Medical Student Teaching Award 2008, 2009 Voted by the UCLA medical students as the one best resident teacher. Scholarship Recipient - American Headache Society 2007 To attend the 49 th annual scientific meeting and Trainee membership Best Poster Award - UCLA Department of Neurology 2007 UCLA Neurology and Neuroscience Trainees Annual Poster Session AOA (Alpha Omega Alpha) Honor Society Elected in 2003 Regent's Scholar 2000 - 2004 Four year merit based scholarship awarded to selected incoming medical students. Phi Beta Kappa Elected in 2000 Trustee Scholar 1996 - 2000 One of 100 students chosen upon admission to USC to receive a 4-year full tuition academic scholarship. Provost's Award 2000 Awarded to one graduating student for excellence in undergraduate research. Louise Kerckhoff Prize 2000 Awarded for best undergraduate paper. Other Undergraduate Honor Societies 1996 - 2000 Phi Kappa Phi, Blue Key, Golden Key (President), Mortar Board, Order of the Torch and the Tassel. LEADERSHIP AHS - Special Interest Section, Interventional Management/Nerve Blocks 2008 - present Chief Resident - UCLA Department of Neurology 2007 - 2008 Resident Representative - Residency Training Committee 2006 - 2008 Resident Representative - Grand Rounds Committee 2007 - 2008 President - Student Interest Group in Neurology 2001 - 2004 Founder - Physician Mentorship Program 2000 - 2004 Piloted program matching medical students with physician mentors in their field of interest. Chair - Ambassador's Program 2001 - 2002 Organized special tours and appearances on behalf ofUCI College of Medicine. Vice-President - American Medical Student Association 2001 - 2002 Treasurer - American Medical Association 2001 - 2002 Training Manager - Madres de! Futuro Pre-Natal Clinic 2001 - 2002 Trained all new medical student and undergraduate volunteers to work at UCI's free prenatal clinic. Worked with translators to develop patient education materials in Spanish and Vietnamese. Plexus Editorial Board Member and contribnting photographer - 2000 - 2003 UCI's art and humanities journal. President and Founder - Trojans for Integrity 1997 - 2000 Established academic standards and spoke to over 3000 students. President - USC Student Alumni Association 1998 - 2000 Coordinated USC's extensive alumni base. 2 GRANTS American Academy of Neurology Summer Research Scholarship Studied cognitive changes in Down's syndrome as a predictor for early Alzheimer's disease. Ira T. Lott, M.D. and Linda D. Nelson, Ph.D. principal investigators. 2001 - 2004. NIH Short-Term Research Training Grant Studied cognitive changes in Down's syndrome as a predictor for early Alzheimer's disease. Ira T. Lott, M.D. and Linda D. Nelson, Ph.D. principal investigators. 2001 - 2004. RESEARCH Research Associate 2001 - 2004 Ira T. Lott, M.D. and Linda D. Nels