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pCcd 5y P^T:
TIMOTHY J. LONG (STATE BAR NO. 137591)
tjlong@orrick.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhorton(5)orrick.com
3 AVALON JOHNSON FITZGERALD (STATE BAR NO. 288167)^^^^-OF Vv-.V^^-'^'CfrV/^
afitzgerald@orrick.com
4 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
5 Sacramento, CA 95814-4497
Telephone: +1916 447 8299
6 Facsimile: +1 916 329 4900
7 Attorneys for Defendant
HEALTH NET OF CALIFORNIA, INC.
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SACRAMENTO
10
ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
11 of herself and on behalf of all persons similarly CU-OE-GDS
situated,
12 Plaintiff, DECLARATION OF NICHOLAS J .
HORTON IN SUPPORT OF
13 DEFENDANT'S EX PARTE
v.
APPLICATION FOR ORDER TO SHOW
14 HEALTH NET OF CALIFORNIA, INC., a CAUSE RE CONTEMPT (JAMES
California Corporation; and Does 1 through 50, BJORSETH)
15 inclusive.
Date: February 7, 2019
16 Defendants. Time: 2:00 p.m.
Dept: 54
17
Complaint Filed: April 5, 2017
18 FAC Filed: June 29, 2017
Consolidated Complaint Filed: Dec. 21, 2017
19
Complaint Filed: August 1,2017
20 TOMAS R. ARANA, on behalf of himself, all
others similariy situated.
21
Plaintiff,
22
23 HEALTH NET OF CALIFORNIA, INC., a
California corporation; and DOES 1-50,
24
inclusive,
25
Defendant.
26
27
28
DECLARATION OF NICHOLAS J. HORTON IN SUPPORT OF DEFENDANT'S EX PARTE APPLICATION
4162-5499-6250
1 I, Nicholas J. Horton, declare as follows:
2 1. I am an attorney duly admitted to practice before the courts of the State of
3 California and an associate in the law firm of Orrick, Herrington & Sutcliffe LLP, attorneys of
4 record for Defendant Health Net of California, Inc. ("Health Net"). 1 make this declaration on
5 personal knowledge and, if sworn as a witness, could competently testify to the following facts
6 except where otherwise indicated.
7 2. On Tuesday, February 5, 2019, notice of this ex parte application was provided via
8 electronic correspondence to Scott Leviant, William Pao, and Shaun Setareh, of Setareh Law
9 Group, located at 315 South Beverly Drive, Suite 315, Beverly Hills, CA 90212 (877) 777-3774,
10 who is counsel of record to Plaintiff Tomas Arana, and to Norm Blumenthal, A.J. Bhowmik,
11 Janine Menhennet, and Piya Mukherjee, of Blumenthal, Nordrehaug, & Bhowmil< LLP, located at
12 2255 Calle Clara, La Jolla, CA 92037 (858)367-9913, who is counsel of record to Plaintiff
13 Andrea Spears. A true and correct copy of my electronic correspondence with Plaintiffs" counsel
14 dated February 5, 2019 is attached as Exhibit A.
15 3. On January 9, 2019, Health Net personally served James Bjorseth with a
16 deposition subpoena and served a Notice of Deposition and the subpoena on the parties to this
17 action on January 7,2019. A true and correct copy of the Notice of Deposition, Deposition
18 Subpoena, and Proof of Personal Service is attached hereto as Exhibit B.
19 4. The deposition was scheduled to take place on January 23, 2019 at 9:00AM at the
20 Law Offices of Orrick, Herrington & Sutcliffe LLP, 777 S. Figueroa St., Suite 3200, Los
21 Angeles, CA 90017.
22 5. On January 14, 2019, Plaintiff Spears, through her counsel, objected to
23 Mr. Bjorseth's deposition, curiously stating that Mr. Bjorseth would not appear for his deposition
24 without providing any legal authority for refusing to appear as subpoenaed nor indicating that
25 counsel actually represented Mr. Bjorseth. A true and correct copy of Plaintiff Spears' objection
26 to the deposition of James Bjorseth is attached hereto as Exhibit C.
27 6. Between January 14, 2019, and January 23, 2019, my office contacted
28 Mr. Bjorseth on multiple occasions to confirm his attendance for deposition and he acknowledged
DECLARATION OF NICHOLAS J. HORTON IN SUPPORT OF DEFENDANT'S EX PARTE APPLICATION
4162-5499-6250
1 being personally served with the subpoena and being aware of the deposition date and time. After
2 Mr. Bjorseth complained of the burden of attending the deposition in downtown Los Angeles, I
3 caused the deposition to be moved to a location in Van Nuys, California to accommodate his
4 request for a closer location. In subsequent calls with my office, Mr. Bjorseth confirmed he
5 understood the deposition would take place in Van Nuys, but refused to confirm he would comply
6 with the subpoena. Instead, he indicated that he wished to speak with Plaintiffs' counsel
7 regarding the deposition. The Blumenthal firm had previously directed all correspondence
8 regarding scheduling depositions to Arana's counsel. The Setareh Law Group represented they
9 have never been retained by Mr. Bjorseth nor have any control over him.
10 7. On January 23, 2019, Mr. Bjorseth failed to appear for his deposition at the Van
11 Nuys location despite his prior acknowledgment of the subpoena. The deposition was scheduled
12 to begin at 9:00 a.m. When Mr. Bjorseth did not appear, my office attempted to contact him
13 again. A woman named Donna answered one of the two phone numbers available for
14 Mr. Bjorseth and indicated that she was aware he was speaking with attorneys regarding the
15 deposition, but did not have any further information about whether Bjorseth was going to attend.
16 At that time I also contacted the receptionist Orrick's Los Angeles office who confirmed that
17 Mr. Bjorseth had not appeared at Orrick's Los Angeles office either. At 9:40 a.m., after failed
18 attempts to reach Mr. Bjorseth, 1 issued a formal non-appearance on the record before the court
19 reporter and suspended the deposition of Mr. Bjorseth pending further proceedings. A true and
20 correct copy of the court reporter's Certificate of Non-Appearance of Mr. Bjorseth is attached
21 hereto as Exhibit D.
22 I declare under the penalty of perjury under the laws of the State of California and that the
23 foregoing is true and correct. Executed this 6"^ day of February, ^019, at Sacramento, California.
24
25
NnmOLAS J. HORTON
26
27
28
-2-
DECLARATION OF NICHOLAS J. HORTON IN SUPPORT OF DEFENDANT'S EX PARTE APPLICATION"
4162-5499-6250
EXHIBIT A
Horton, Nicholas J.
From: Horton, Nicholas J.
Sent: Tuesday, February 5, 2019 9:42 AM
To: 'William Pao'; 'Shaun Setareh'; 'H. Scott Leviant'; 'AJ B'; 'Norm Blumenthal'
Cc: 'Lilit Ter-Astvatsatryan'; 'Janine R. Menhennet'; Long, Timothy J.; 'Piya Mul; Shaun Setareh ; H. Scott Leviant
Cc: Lilit Ter-Astvatsatryan ; AJ B ; Norm Blumenthal
; Janine R. Menhennet ; Long, Timothy J. ; Piya
Mukherjee
Subject: RE: Arana v. Health Net: Meet and Confer re depositions and briefing schedule
Hi William,
We are revising our motions, so we will not be able to appear tomorrow. We will provide a copy of the papers at the
first reasonable opportunity, as required by Rule of Court 3.1206, and intend to begin this process no later than
Wednesday, February 6, 2019.
In the interests of full meet and confer we intend to proceed ex parte as follows:
• Toby Alfred: Ex parte application for an order to show cause re contempt.
• James Bjorseth: Ex parte application for an order to show cause re contempt
• Patricia Gonzales and Shanel Allen: Ex parte application for an order shortening time to hear a Motion to
Compel Plaintiff Arana to produce these witnesses
o As to the underlying motion, we believe there is good cause based on your firm's representations
regarding these witnesses to compel Plaintiff Arana to produce these witnesses
• Patricia Gonzales: We believe the contact information you provided is inaccurate. Unless Ms.
Gonzales moved from Elk Grove to Southern California between December and January, you
have either put the wrong information in Ms. Gonzales' declaration, or the declarant is a
different person from the person we attempted to serve in reliance on your representations
regarding her most recent address.
• Shanel Allen: Your representation that you were authorized to accept service on her behalf and
confirmation that she would attend the deposition is cause to compel Plaintiff Arana to produce
her for deposition in lieu of an order to show cause and/or further expense of Health Net.
• Sanctions: A component of this motion may include a request for evidentiary sanctions;
however, it will tiot include a request for monetary sanctions.
1
EXHIBIT A
o The requested ex parte would seek to set the hearing on February 18, 2019, with oppositions, if any, due
on February 11, 2019.
As to Veronica Perez, we will renew our efforts to serve her with a deposition subpoena.
To the extent you are willing to enter into a stipulation and order regarding depositions of any o f t h e above witnesses,
we will consider that request while proceeding with our motions. However, at this time, we are not inclined to accept
any further informal confirmations regarding witness attendance.
Please advise whether you intend to appear and oppose any of the ex parte matters listed above.
Best regards,
Nick
From: William Pao [mailto:william(Sisetarehlaw.com1
Sent: Monday, February 4, 2019 5:36 PM
To: Horton, Nicholas J. ; Shaun Setareh ; H. Scott Leviant
Cc: Lilit Ter-Astvatsatryan ; AJ B : Norm Blumenthal
; Janine R. Menhennet ; Long, Timothy J. ; Piya
Mukherjee
Subject: RE: Arana v. Health Net: Meet and Confer re depositions and briefing schedule
Nick,
Please confirm the scope of the ex parte for which you will be appearing tomorrow. Is it just to compel the attendance
of the witnesses? We still have not received a copy of the motion papers considering that you gave notice of the ex
parte on Friday. Please advise. Thanks
SETAREH
SLG LAW GROUP
WILLIAM M. PAO Attorney at Law
william@setarehlaw.com
SETAREH LAW GROUP
315 South Beverly Drive, Suite 315 • Beverly Hills, California 90212
Telephone (310) 888-7771 • Facsimile (310) 888-0109
www.setarehlaw.com
(5) Please consider the environment before printing this email.
NOTICE: PLEASE BE ADVISED THAT THIS FIRM DOES NOT ACCEPT MEET AND CONFER LETTERS BY ELECTRONIC MAIL AND/OR
FACSCIMILE UNLESS REQUIRED BY LAW OR MUTUAL AGREEMENT. THE USE OF ELECTRONIC MAIL AND/OR FACSIMILE IS STRICTLY
FOR COURTESY PURPOSES ONLY. PLEASE ENSURE THAT ALL MEET AND CONFER LETTERS SENT TO THIS FIRM SHALL BE SENT BY
U.S. MAIL, PERSONAL SERVICE OR OVERNIGHT COURIER WITH A COURTESY COPY BY ELECTRONIC MAIL AND/OR FACSIMILE.
This communication (including attachments, if any) constitutes an electronic communication within the meaning of the
Electronic Communications Privacy Act, 18 U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by
the sender of this message. This communication may contain confidential and privileged material for the sole use of the
2
EXHIBIT A
intended recipient and receipt by anyone other than the intended recipient does not constitute a loss ofthe confidential or
privileged nature of the communication.
Nothing contained herein should be construed as creating or intending to create an attorney-client relationship. Any and
all communications are undertaken in an effort to evaluate potential claims and determine whether we are interested in
representing you. Unless and until a formal attorney-client contract/retainer agreement is signed by both the client and the
firm, we will not take any action to protect your rights.
From: Horton, Nicholas J.
Sent: Friday, February 1, 2019 2:43 PM
To: William Pao ; Shaun Setareh ; H. Scott Leviant
Cc: Lilit Ter-Astvatsatryan ; AJ B ; Norm Blumenthal
: Janine R. Menhennet ; Long, Timothy J. ; Piya
Mukherjee
Subject: RE: Arana v. Health Net: Meet and Confer re depositions and briefing schedule
William,
Thank you for agreeing to extend our time to respond. We will draft a stipulation and order for your review.
As to your claim that we are badgering witnesses, that is completely unfounded. Instead of lobbing spurious accusations
and making threats, please provide specifics.
We are moving forward with our motion to compel and intend to proceed ex parte on Tuesday, February 5, 2019, to
have that motion heard on shortened time.
Best regards,
Nick
From: William Pao [mailto:william@setarehlaw.com1
Sent: Friday, February 1, 2019 1:27 PM
To: Horton, Nicholas J. ; Shaun Setareh ; H. Scott Leviant
Cc: Lilit Ter-Astvatsatryan ; AJ B : Norm Blumenthal
; Janine R. Menhennet ; Long, Timothy J. ; Piya
Mukherjee
Subject: RE: Arana v. Health Net: Meet and Confer re depositions and briefing schedule
Nick,
We have absolutely no control over whether the declarants would appear for their depositions. Even the ones who
communicated their desire for us to accept the subpoenas on their behalf, they communicated to us that they would
appear for their depositions. The fact that they subsequently failed to do so is not something we have any control over,
nor should we be sanctioned for their failure to appear. We do not, and have not, represented those individuals.
The proper recourse is for your client to file motions to compel their attendance at their depositions, rather than try to
extort us to withdraw their declarations and seek sanctions against us.
Nevertheless, we will agree to extend the briefing schedule to accommodate the depositions of these witnesses,
however, not for the extensive amount of time that you have indicated in your email below. We will agree to extend the
deadline to file Defendant's opposition by 30 days which should be sufficient to resolve any outstanding issues.
3
EXHIBIT A
Lastly, it has come to our attention that your office has been contacting the declarants and leaving multiple messages
and/or otherwise bullying the declarants into withdrawing their declarations by falsely claiming that many declarants
have already withdrawn their declaration and demanding that they withdraw theirs too. This is wholly inappropriate
and if it continues, we will have no alternative but to bring this to the attention of the Court and will necessarily seek the
disqualification of your firm.
SETAREH
SLG LAW GROUP
WILLIAM M. PAO Attorney at Law
william@setarehlaw.com
SETAREH LAW GROUP
315 South Beverly Drive, Suite 315 • Beverly Hills, California 90212
Telephone (310) 888-7771 • Facsimile (310) 888-0109
www.setarehlaw.com
Please consider the environment before printing this email.
NOTICE: PLEASE BE ADVISED THAT THIS FIRM DOES NOT ACCEPT MEET AND CONFER LETTERS BY ELECTRONIC MAIL AND/OR
FACSCIMILE UNLESS REQUIRED BY LAW OR MUTUAL AGREEMENT. THE USE OF ELECTRONIC MAIL AND/OR FACSIMILE IS STRiaLY
FOR COURTESY PURPOSES ONLY. PLEASE ENSURE THAT ALL MEET AND CONFER LETTERS SENT TO THIS FIRM SHALL BE SENT BY
U.S. MAIL, PERSONAL SERVICE OR OVERNIGHT COURIER WITH A COURTESY COPY BY ELEaRONIC MAIL AND/OR FACSIMILE.
This communication (including attachments, if any) constitutes an electronic communication within the meaning of the
Electronic Communications Privacy Act, 18 U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by
the sender of this message. This communication may contain confidential and privileged material for the sole use of the
intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of the confidential or
privileged nature ofthe communication.
Nothing contained herein should be construed as creating or intending to create an attorney-client relationship. Any and
all communications are undertaken in an effort to evaluate potential claims and determine whether we are interested in
representing you. Unless and until a formal attorney-client contract/retainer agreement is signed by both the client and the
firm, we will not take any action to protect your rights.
From: Horton, Nicholas J.
Sent: Thursday, January 31, 2019 1:33 PM
To: Shaun Setareh ; H. Scott Leviant
Cc: William Pao ; Lilit Ter-Astvatsatryan ; AJ B ;
Norm Blumenthal ; Janine R. Menhennet ; Long, Timothy J.
; Piya Mukherjee
Subject: Arana v. Health Net: Meet and Confer re depositions and briefing schedule
Dear Counsel,
As you know, a number of individuals on whose behalf you submitted declarations in support of Plaintiffs' motion for
class certification either evaded personal service of deposition subpoenas or, after being served and/or your
representation that you were authorized to accept service on their behalf, failed to appear for their properly noticed
deposition. These individuals' failure to appear at their depositions, as well as your failure to cooperate in ensuring their
appearance at the depositions, has had a material adverse impact on HNCA's ability to oppose Plaintiffs class
certification motion.
4
EXHIBIT A
To address our concerns, we propose that you withdraw the declarations of Shanel Allen, Toby Alfred, James Bjorseth,
Patricia Gonzalez, Charles Pearson, and Veronica Perez. If you do not, we will have no choice but to file a motion to
compel, or in the alternative, strike the declarations, and seek sanctions. If you do not withdraw the declarations, we
request that you agree to extend the deadline for our opposition to Plaintiffs' class certification motion to fifteen court
days after the Court resolves our discovery motion(s) or we complete the depositions of all of the foregoing individuals,
whichever is later. We believe this is a reasonable accommodation in light of Mr. Leviant's prior offer to extend our
briefing schedule to accommodate the deposition of these witnesses. The extra time will allow for resolution of the
aforementioned motion(s) and, if any depositions go forward, incorporate what we learn from these declarants into our
opposition papers.
Please advise us in writing by Noon, Friday, February 1, 2019, whether you will withdraw the declarations of Shanel
Allen, Toby Alfred, James Bjorseth, Patricia Gonzalez, Charles Pearson, and Veronica Perez, or grant HNCA the extension
we request. If we do not hear from you by that deadline, we will assume that you have rejected our proposal, including
the proposal to extend our opposition deadline, and we will move forward with our motions to compel/strike and for
sanctions.
Further, if we cannot agree on an extension, HNCA will also appear ex parte, subject to the Court's availability, on
Tuesday February 5, 2019, before Judge Perkins, to seek the extension. Consider this correspondence to be notice of
that ex parte hearing, should it be necessary. Please also advise if you intend to appear to oppose the ex parte.
Best regards,
Nick
Nicholas J . Horton
Managing Associate
Orrick
Sacramento ®
T +1-916-329-4906
nhorton@orrick.com
orrick
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
For more information about Orrick, please visit http://www.orrick.com.
In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
https://www.orrick.com/Privacy-Policv to learn about how we use this information.
NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
5
EXHIBIT A
the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
For more information about Orrick, please visit http://www.orrick.com.
In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
https://www.orrick.com/Privacv-Policv to learn about how we use this information.
EXHIBIT A
EXHIBIT B
-TIMOTHY"Jrb0NG-(STATEBARNO.~B7591)
tilong(«),orrick.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhorton@orrick.com
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
4 Sacramento, CA 95814-4497
Telephone: +1916 447 8299
5 Facsimile: +1916 329 4900
6 ANNIE H. CHEN (STATE BAR NO. 292032)
annie.chen(?i)orrick.com
7 ORRICK, HERRINGTON & SUTCLIFFE LLP
777 South Figueroa Street, Suite 3200
8 Los Angeles, CA 90017-5855
Telephone: +1-213-629-2020
9 Facsimile: +1-213-612-2499
10 Attomeys for Defendant
11 HEALTH NET OF CALIFORNIA, INC.
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 COUNTY OF SACRAMENTO
14 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
of herself and on behalf of all persons CU-OE-GDS
15 similarly situated.
Plaintiff, HEALTH NET OF CALIFORNIA, INC.'S
16 NOTICE OF DEPOSITION OF JAMES E
V. BJORSETH
17
HEALTH NET OF CALIFORNIA, INC., a Date: Wednesday, January 23,2019
18 Califomia Corporation; and Does 1 through Time: 9:00 a.m.
50, inclusive. Location: 777 S. Figueroa St., Suite 3200,
19 Los Angeles, CA 90017
Defendants.
.20
21 TOMAS R. ARANA, on behalf of himself, all
others similarly situated,
22
Plaintiff,
23
24
HEALTH NET OF CALIFORNIA, INC., a
25 Califomia corporation; and DOES 1-50,
inclusive,
26
Defendant.
27
28
HEALTH NET OF CALIFORNIA. INC.'S NOTICE OF DEPOSITION OF JAMES E BJORSETH
EXHIBIT B
J„ TO-PLAINTIF-FSAND-THEIR^A-TTORNEYSOF-REGORD:
2 PLEASE TAKE NOTICE THAT commencing at 9:00 a.m. on January 23, 2019, at the
3 Law Offices of Orrick, Herrington & Sutcliffe LLP, 777 S. Figueroa St., Suite 3200, Los
4 Angeles, CA 90017, Defendant HEALTH NET OF CALIFORNIA, INC., by and through its
5 attomeys of record, will take the oral deposition of JAMES E BJORSETH before an officer
6 authorized to administer oaths pursuant to California Code of Civil Procedure sections 2019.010
7 et. seq. and 2025.010 et. seq. The deposition will continue from day to day thereafter, excluding
8 weekends and holidays, until it is completed or as otherwise agreed by counsel.
9 PLEASE TAKE FURTHER NOTICE THAT, pursuant to Califomia Code of Civil
10 Procedure sections 2025.220 and 2025.330, Plaintiffs deposition will be recorded
11 stenographically only.
12
13 Dated: January 7, 2019 ORRICK, HERRINGTON & SUTCLIFFE LLP
14
15
'NICHODic»-J. HORTON
16 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
17
18
19
20
21
22
23
24
25
26
27
28
'tl35-l24l-2l85.l
HEALTH NET OF CALIFORNIA. INC.'S NOTICE OF DEPOSITION OF JAMES E BJORSETH
EXHIBIT B
SUBP-015
ATTORNEV OR PARTY WITHOUT ATTORNEY (Name, ttata Oar numtm. una address); FOR COURT use ONLY
NICHOLAS J. HORTON, ESQ., SBN 289417
ORRICK, HERRINGTON & SUTCLIFFE LLP
-400 Capllol ^^alI,•Suilc^OO0
Sacramcnlo.CA 95814
TELEPHONE NO., (916) 447-9200 FAX NO (opiionai); (916) 2J9-4900
E-MAIL ADDRESS.'
ATTORNEY FOR (Noma); HEALTH NET OF CALIFORNIA, INC.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
STREETADDRESS: 720 NINTH STREET
CITY ANDZIPCODE; SACRAMENTO, CA 95814
BRANCHNAME; GORDON D. SCHABER COURTHOUSE
PLAINTIFF/ ANDREA SPEARS, ct ol.
PETmONER:
DEFENDANT/ HEALTH NET OF CALIFORNIA. INC., cJ al.
RESPONDENT:
CASE NUMBER:
DEPOSITION SUBPOENA
FOR PERSONAL APPEARANCE 34-2017-00210560-CU-OE-GDS
THE PEOPLE OF THE STATE OF CALIFORNIA, TO \SJ. NORTON (SBN 289417)
400 CAPITOL MALL SUITE 3000
SACRAMENTO , CA 95814-4497
Telephone No: (916) 447-9200
Attorney For: Defendant . Ref. No. or File No.:
Insert name of Court, and Judicial District ond Branch Court:
SACRAMENTO COUNTY SUPERIOR COURT
Plaintiff: ANDREA SPEARS, an Individual, on behalf of herself and on behalf of all
persons similarly situated
Defendant: HEALTH NET OF CALIFORNIA, INC., a California Corporation .
PROOF OF SERVICE Hearing Dote: Time: Dept/Div: .Case Number
1/23/2019 9 AM 34-2017-00210560-CU-OE-GDS
1. At the time of service I was at least 18 years of age and not a party to this action.
2. I served copies ofthe DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
3. a. . Party served: .JAMES E. BJORSETH
b. Person served: JAMES E, BJORSETH , Caucasian, Male, Age: 3 0 , Hair: Bald, Eyes: Green, Height: 6 ' , Weight: 220
4. Address where the party was served: 10342 WOODLEY AVENUE , GRANADA HILLS, CA 91344
5. I sen/ed the party:
a. by personal service, l personally delivered the documents listed in item 2 to the party or person authorized to receive
process for the party (1) on: Mon, Jan 07 2019 (2) at: 05:38 PM
b: Witness Fees $46.00
Recoverable cost Per CCP 1033.5(a)(4)(B)
6. Person Who Served Papers:
a. Jose Saca (6927, Los Angeles) d. The.Fee far Service was:
b. FIRST LEGAL e. I am: A Registered California Process Server
1814 1 Street
SACRAMENTO, CA 95814
C.(916) 444-5111
7. / declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
01/09/2019
(Date) (Signature)
Judicial Council Form PROOF OF 2952287
ii Rule 2.150.(a)&(b) Rev January 1, 2007 SERVICE (9994317)
EXHIBIT B
EXHIBIT C
1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
Norman B. Blumenthal (State Bar #068687)
2 Kyle R. Nordrehaug (State Bar #205975)
Aparajit Bhowmik (State Bar #248066)
3 Piya Mukheijee (State Bar #274217)
Janine R. Menhennet (State Bar #163501)
4 2255 Calle Clara
La Jolla, CA 92037
5 Telephone:(858)551-1223
Facsimile: (858) 551-1232
6
7 Attomeys for Plaintiff Andrea Spears
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF SACRAMENTO
10
11
12 ANDREA SPEARS, an individual, on behalf CASE No. 34-2017-00210560
of herself and on behalf of all persons
13 similarly situated,
Plaintiff,
14 CLASS ACTION
15 PLAINTIFF'S OBJECTIONS TO
HEALTH NET OF CALIFORNIA, INC., a D E F E N D A N T ' S N O T I C E OF
16 Califomia Corporation; and Does 1 through DEPOSITION OF JAMES BJORSETH
50, inclusive.
17 Defendants.
18 TOMAS R. ARANA, on behalf of himself, all
others similarly situated,
19 Plaintiff,
V.
20
HEALTH NET OF CALIFORNIA, INC., a
21 Califomia corporation; and DOES 1-50,
inclusive,
22 Defendant.
23
24
25
26
27
28
PLAmTlFF'S OBJECTIONS TO DEFENDANT'S NOTICE OF DEPOSITION OF JAMES BJORSETH
CASE No. 34-2017-00210560
-1- EXHIBITC
1 Plaintiff ANDREA SPEARS ("Plaintiff") submits the foregoing objections to Defendant
2 HEALTH NET OF CALIFORNIA, INC.s ("Defendant") Notice of Deposition of James Bjorseth.
3 Pursuant to the California Code of Civil Procedure. Mr. Bjorseth will not appear for deposition
4 on January 23. 2019, a dale unilaterally selected by Defendant without consulting Mr. Bjorseth
5 or PlaintifPs counsel.
6
7 I. PRELIMINARY STATEMENT
8 These responses are made solely for the purpose of and in relation to this action and are subject
9 to all objections to competence, authenticity, relevance, materiality, propriety, admissibility, and any and
10 all other objections and grounds which would or could require or permit the exclusion of any statement
11 or document therein from evidence, all of which objections and grounds are reserved and may be
12 interposed at the time of trial.
13 Plaintiff responds to Defendant's notice of deposition based on the information and documents
14 currently available to her, given that discovery in this action is ongoing. Plaintiff has not yet completed
15 her investigations of the facts relating to this action, and has not yet completed her preparation for trial.
16 Consequently, the following responses are given without prejudice to the responding party'srightto
17 produce, at the time of trial, subsequently discovered evidence relating to the proof of facts subsequently
18 discovered to be material. By Deponent responding to Defendant's questions at deposition. Plaintiff does
19 not concede the relevancy or materiality of any fact, or of the subject to which such questions refer.
20 Plaintiff objects to the extent Defendant asks any duplicative questions and/or any duplicative
21 lines of questioning that the questions are duplicative, overbroad, irrelevant, harassing, and a waste of
22
time.
23
Plaintiff objects to Defendant's Notice of Taking Deposition Upon Oral Examination lo the
24
extent Defendant's questions seeks personal and private information which, if disclosed, would unduly
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and improperiy invade the protected privacy rights of Ms. Bjorseth's Right to Privacy under the
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Califomia Constitution to an extent incommensurate with Defendant's legitimate discovery needs.
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Plaintiff objects to the extent any of Defendant's questions and/or lines of questioning are irrelevant and
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PLAINTIFF'S OBJECTIONS TO DEFENDANT'S NOTICE OF DEPOSITION OF JAMES BJORSETH
CASE No. 34-2017-00210560
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1 not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff objects to the extent
2 any questions or lines of questioning ask for a legal conclusion and/or legal reasoning.
3
4 II. G E N E R A L OBJECTIONS TO NOTICE OF DEPOSITION
5 Pursuant to the California Code of Civil Procedure and subject to the preliminary objections
6 outlined above, Plaintiff objects to Defendant's Notice of Taking Deposition Upon Oral Examination.
7 Plaintiff objects to the extent any questions seek information irrelevant to the instant lawsuit or invade
8 Mr. Bjorseth's Right to Privacy under the Califomia Constitution and will not provide responses to such
9 questions. Plaintiff further objects that to the extent any questions are harassing, intimidating, or
10 vexatious, Plaintiff will conclude the deposition and seek the assistance of the Court including, but not
11 limited to, seeking the issuance of an appropriate protective order.
12 Plaintiff objects to the extent Defendant seeks to continue the deposition beyond one (I)
13 business day. Subject to and without waiving the foregoing objections, James Bjorseth may appear for
14 deposition at a mutually convenient date and time, at Orrick, Herrington & Sutcliffe LLP, 400 Capitol
15 Mall, Suite 800, Sacramento, Califomia 95814.
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17 Dated: January 14,2019 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW, LLP
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20 ine R. Menhennet
Cttomeys for Plaintiff Andrea Spears
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PLAINTIFFS OBJECTIONS TO DEFENDANT'S NOTICE OF DEPOSITION OF JAMES BJORSETH
CASE No. 34-2017-00210560
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1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF SAN DIEGO
3 I, Janine R. Menhennet, am employed in the County of San Diego, State of Califomia. 1 am
over the age of 18 and not a party to the within action. My business address is 2255 Calle Clara, La
4 Jolla, Califomia 92037.
5 On January 14, 2019,1 served the document(s) described as:
6 1. PLAINTIFF'S OBJECTIONS TO DEFENDANT'S NOTICE OF
DEPOSITION OF JAMES BJORSETH
7
(BY MAIL): I caused each such envelope, vwth postage thereon ftjlly prepaid, to be placed
8 in the United States mail at San Diego, Califomia. I am readily familiar with this firm's
business practice for collection and processing of correspondence for mailing with the U.S.
9 Postal Service pursuant to which practice the correspondence will be deposited with the U.S.
Postal Service this same day in the ordinary course of business (CCP. Section 10139a);
10 2015.5):
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12
XX (FEDERAL EXPRESS): 1 caused the above-described document to be delivered via ovemigl t
13 delivery (Federal Express), by placing a copy in a separate FEDERAL EXPRESS mailer and
attaching a completed Federal Express air bill, with Standard Ovemight delivery/Priority
14 Delivery requested, and caused said mailer to deposited in the Federal Express collection box
at San Diego, Califomia.
15
Timothy J. Long
16 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
17 Sacramento, CA 95814
18 Shaun Setareh
SETAREH LAW GROUP
19 9454 Wilshire Blvd., Suite 907
Beverly Hills, CA 90212
20
21 (State): I declare under penalty of perjury under the laws of the Stale of Califomia that the
above is true and correct.
22
Executed on January 14, 2019, at La Jolla, Califomia.
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PLAINTIFPS OBJECTIONS TO DEFENDANT'S NOTICE OF DEPOSITION OF JAMES BJORSETH
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EXHIBIT D
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 COUNTY OF SACRAMENTO
3
4
ANDREA SPEARS, an i n c i i v i d u a l ,
5 on b e h a l f o f h e r s e l f and on
b e h a l f o f a l l persons
6 similarly situated,
7 Plaintiff,
vs . No. 34-2017-00210560
CU-OE-GDS
9 HEALTH NET OF CALIFORNIA,
INC., a C a l i f o r n i a C e r t i f i c a t e Re
10 C o r p o r a t i o n ; and DOES 1 Nonappearance
t h r o u g h 50, i n c l u s i v e , of Witness
11
Defendants.
12
13 TOMAS R. ARANA, on b e h a l f o f
himself, a l l others s i m i l a r l y
14 situated.
15 Plaintiff,
16 vs .
17 HEALTH NET OF CALIFORNIA,
INC., a C a l i f o r n i a
18 C o r p o r a t i o n ; and DOES 1-50,
inclusive,
19
Defendants.
20
21
22 I , R i c k i Q. M e l t o n , CSR No. 9400, C e r t i f i e d
23 Shorthand Reporter i n t h e State o f C a l i f o r n i a , hereby
24 d e c l a r e as f o l l o w s :
25 T h a t p u r s u a n t t o t h e r e q u e s t o f NICHOLAS J .
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1 HORTON, A t t o r n e y a t Law, o f ORRICK HERRINGTON &
2 SUTCLIFFE, LLP, a p p e a r i n g f o r t h e Defendants i n
3 t h e a b o v e - e n t i t l e d a c t i o n , I d i d appear a t
4 14520 S y l v a n S t r e e t , Van Nuys, C a l i f o r n i a , 91411, on
5 Wednesday, J a n u a r y 23, 2019, a t t h e s c h e d u l e d t i m e o f
6 9:00 A.M., f o r t h e p u r p o s e s o f p l a c i n g under o a t h and
7 t a k i n g the testimony o f JAMES BJORSETH p u r s u a n t t o
8 Notice.
9 A t 9:40 A.M., t h e above w i t n e s s having
10 f a i l e d t o appear, t h e f o l l o w i n g was e n t e r e d f o r the
11 record:
12
13 -oOo-
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15 MR. HORTON: We're on t h e r e c o r d i n t h e
16 d e p o s i t i o n o f James B j o r s e t h i n t h e m a t t e r o f Andrea
17 Spears and Tomas Arana v e r s u s H e a l t h Net o f
18 California, a c o n s o l i d a t e d a c t i o n o u t o f t h e County
19 o f Sacramento.
20 Mr. B j o r s e t h was p r o p e r l y s e r v e d t h e
21 subpoena c o m p e l l i n g h i s d e p o s i t i o n on J a n u a r y 7 t h ,
22 2019.
23 S i n c e t h a t t i m e , my o f f i c e , through myself
24 and o t h e r a t t o r n e y s , have had s e v e r a l phone calls
25 w i t h Mr. B j o r s e t h i n w h i c h he has i n d i c a t e d t h a t t h e
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1 o r i g i n a l l y n o t i c e d l o c a t i o n i n Downtown Los A n g e l e s
2 was e x t r e m e l y burdensome and inconvenient.
3 We w o r k e d t o move t h e l o c a t i o n t o Van Nuys;
4 however, a f t e r moving t h e l o c a t i o n t o Van Nuys,
5 Mr. B j o r s e t h w o u l d n o t c o n f i r m t h a t he w o u l d attend
6 his deposition.
7 The d e p o s i t i o n was s c h e d u l e d t o b e g i n a t
8 9:00 A.M. I t i s now 9:40 A.M, We have a t t e m p t e d
9 a g a i n t o r e a c h Mr. B j o r s e t h . He d i d n o t answer h i s
10 phone.
11 One o f t h e two numbers was answered by a
12 woman named Donna, who i n d i c a t e d t h a t she was aware
13 he was s p e a k i n g w i t h a t t o r n e y s regarding the
14 d e p o s i t i o n b u t d i d n o t have any f u r t h e r i n f o r m a t i o n .
15 I have a l s o c o n t a c t e d t h e r e c e p t i o n desk a t
16 o u r L.A. o f f i c e where t h e o r i g i n a l l y n o t i c e d subpoena
17 was t h e l o c a t i o n f o r t h e d e p o s i t i o n . They have
18 confirmed Mr. B j o r s e t h has n o t shown up a t o u r L.A.
19 office.
20 A t t h i s p o i n t , we're j u s t g o i n g to formally
21 issue a -- s t a t e a n o t i c e o f nonappearance on t h e
22 r e c o r d and suspend t h e d e p o s i t i o n o f James B j o r s e t h
23 pending f u r t h e r discussions w i t h Mr. B j o r s e t h i f he
24 can be r e a c h e d .
25 MR. PAO: I can j u s t s t a t e my appearance on
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1 t h e r e c o r d as w e l l .
2 This i s W i l l i a m Pao, c o u n s e l a t S e t a r e h Law
3 Group, f o r t h e p l a i n t i f f Tomas Arana and t h e p u t a t i v e
4 class.
5 A l s o we have no i n f o r m a t i o n t o c o n f i r m o r
6 deny t h e r e p r e s e n t a t i o n s made by c o u n s e l on t h e
7 record.
8 So we e x p r e s s no o p i n i o n as t o t h o s e
9 statements a t t h i s time.
10 MR. HORTON: And t o be c l e a r , Mr. B j o r s e t h ,
11 although he i n d i c a t e d he d e s i r e d t o speak t o someone
12 from the Blumenthal f i r m , during our discussions
13 t r y i n g t o c o n f i r m h i s d e p o s i t i o n , never i n d i c a t e d
14 t h a t he was r e t a i n e d by e i t h e r c o u n s e l i n t h i s
15 matter, and i t i s o u r u n d e r s t a n d i n g t h a t he i s n o t
16 r e t a i n e d by e i t h e r t h e S e t a r e h Law Group -- o r he has
17 n o t r e t a i n e d e i t h e r t h e S e t a r e h Law Group o r t h e
18 B l u m e n t h a l Law F i r m t o represent him i n t h i s matter
19 and he i s an i n d e p e n d e n t t h i r d - p a r t y witness.
20 MR. PAO: I can o n l y c o n f i r m t h a t we have
21 n o t been r e t a i n e d by h i m .
22 MR. HORTON: W i l l i a m , unless you have
23 anything further, t h e d e p o s i t i o n w i l l be suspended
24 p e n d i n g f u r t h e r d i s c u s s i o n w i t h Mr. B j o r s e t h .
25 MR. PAO: I have n o t h i n g further. Thank
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1 you.
2 MR. HORTON: Off the record.
3 (Whereupon, a t 9:43 A.M., t h e
4 proceedings were adjourned.)
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1 I hereby c e r t i f y under penalty of perjury
2 that the foregoing i s true and c o r r e c t .
3 I further c e r t i f y that I am n e i t h e r counsel
4 f o r n o r r e l a t e d t o any o f t h e p a r t i e s connected with
5 this action, n o r am I i n any way i n t e r e s t e d i n the
6 outcome o f s a i d action.
7 I N WITNESS WHEREOF, I have hereunto
s u b s c r i b e d my s i g n a t u r e t h i s 5 t h day o f F e b r u a r y ,
9 2019.
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19 R i c k i Q. M e l t o n , CSR No. 9400
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Preview
pCcd 5y P^T: TIMOTHY J. LONG (STATE BAR NO. 137591) tjlong@orrick.com 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) nhorton(5)orrick.com 3 AVALON JOHNSON FITZGERALD (STATE BAR NO. 288167)^^^^-OF Vv-.V^^-'^'CfrV/^ afitzgerald@orrick.com 4 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 5 Sacramento, CA 95814-4497 Telephone: +1916 447 8299 6 Facsimile: +1 916 329 4900 7 Attorneys for Defendant HEALTH NET OF CALIFORNIA, INC. 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- 11 of herself and on behalf of all persons similarly CU-OE-GDS situated, 12 Plaintiff, DECLARATION OF NICHOLAS J . HORTON IN SUPPORT OF 13 DEFENDANT'S EX PARTE v. APPLICATION FOR ORDER TO SHOW 14 HEALTH NET OF CALIFORNIA, INC., a CAUSE RE CONTEMPT (JAMES California Corporation; and Does 1 through 50, BJORSETH) 15 inclusive. Date: February 7, 2019 16 Defendants. Time: 2:00 p.m. Dept: 54 17 Complaint Filed: April 5, 2017 18 FAC Filed: June 29, 2017 Consolidated Complaint Filed: Dec. 21, 2017 19 Complaint Filed: August 1,2017 20 TOMAS R. ARANA, on behalf of himself, all others similariy situated. 21 Plaintiff, 22 23 HEALTH NET OF CALIFORNIA, INC., a California corporation; and DOES 1-50, 24 inclusive, 25 Defendant. 26 27 28 DECLARATION OF NICHOLAS J. HORTON IN SUPPORT OF DEFENDANT'S EX PARTE APPLICATION 4162-5499-6250 1 I, Nicholas J. Horton, declare as follows: 2 1. I am an attorney duly admitted to practice before the courts of the State of 3 California and an associate in the law firm of Orrick, Herrington & Sutcliffe LLP, attorneys of 4 record for Defendant Health Net of California, Inc. ("Health Net"). 1 make this declaration on 5 personal knowledge and, if sworn as a witness, could competently testify to the following facts 6 except where otherwise indicated. 7 2. On Tuesday, February 5, 2019, notice of this ex parte application was provided via 8 electronic correspondence to Scott Leviant, William Pao, and Shaun Setareh, of Setareh Law 9 Group, located at 315 South Beverly Drive, Suite 315, Beverly Hills, CA 90212 (877) 777-3774, 10 who is counsel of record to Plaintiff Tomas Arana, and to Norm Blumenthal, A.J. Bhowmik, 11 Janine Menhennet, and Piya Mukherjee, of Blumenthal, Nordrehaug, & Bhowmil< LLP, located at 12 2255 Calle Clara, La Jolla, CA 92037 (858)367-9913, who is counsel of record to Plaintiff 13 Andrea Spears. A true and correct copy of my electronic correspondence with Plaintiffs" counsel 14 dated February 5, 2019 is attached as Exhibit A. 15 3. On January 9, 2019, Health Net personally served James Bjorseth with a 16 deposition subpoena and served a Notice of Deposition and the subpoena on the parties to this 17 action on January 7,2019. A true and correct copy of the Notice of Deposition, Deposition 18 Subpoena, and Proof of Personal Service is attached hereto as Exhibit B. 19 4. The deposition was scheduled to take place on January 23, 2019 at 9:00AM at the 20 Law Offices of Orrick, Herrington & Sutcliffe LLP, 777 S. Figueroa St., Suite 3200, Los 21 Angeles, CA 90017. 22 5. On January 14, 2019, Plaintiff Spears, through her counsel, objected to 23 Mr. Bjorseth's deposition, curiously stating that Mr. Bjorseth would not appear for his deposition 24 without providing any legal authority for refusing to appear as subpoenaed nor indicating that 25 counsel actually represented Mr. Bjorseth. A true and correct copy of Plaintiff Spears' objection 26 to the deposition of James Bjorseth is attached hereto as Exhibit C. 27 6. Between January 14, 2019, and January 23, 2019, my office contacted 28 Mr. Bjorseth on multiple occasions to confirm his attendance for deposition and he acknowledged DECLARATION OF NICHOLAS J. HORTON IN SUPPORT OF DEFENDANT'S EX PARTE APPLICATION 4162-5499-6250 1 being personally served with the subpoena and being aware of the deposition date and time. After 2 Mr. Bjorseth complained of the burden of attending the deposition in downtown Los Angeles, I 3 caused the deposition to be moved to a location in Van Nuys, California to accommodate his 4 request for a closer location. In subsequent calls with my office, Mr. Bjorseth confirmed he 5 understood the deposition would take place in Van Nuys, but refused to confirm he would comply 6 with the subpoena. Instead, he indicated that he wished to speak with Plaintiffs' counsel 7 regarding the deposition. The Blumenthal firm had previously directed all correspondence 8 regarding scheduling depositions to Arana's counsel. The Setareh Law Group represented they 9 have never been retained by Mr. Bjorseth nor have any control over him. 10 7. On January 23, 2019, Mr. Bjorseth failed to appear for his deposition at the Van 11 Nuys location despite his prior acknowledgment of the subpoena. The deposition was scheduled 12 to begin at 9:00 a.m. When Mr. Bjorseth did not appear, my office attempted to contact him 13 again. A woman named Donna answered one of the two phone numbers available for 14 Mr. Bjorseth and indicated that she was aware he was speaking with attorneys regarding the 15 deposition, but did not have any further information about whether Bjorseth was going to attend. 16 At that time I also contacted the receptionist Orrick's Los Angeles office who confirmed that 17 Mr. Bjorseth had not appeared at Orrick's Los Angeles office either. At 9:40 a.m., after failed 18 attempts to reach Mr. Bjorseth, 1 issued a formal non-appearance on the record before the court 19 reporter and suspended the deposition of Mr. Bjorseth pending further proceedings. A true and 20 correct copy of the court reporter's Certificate of Non-Appearance of Mr. Bjorseth is attached 21 hereto as Exhibit D. 22 I declare under the penalty of perjury under the laws of the State of California and that the 23 foregoing is true and correct. Executed this 6"^ day of February, ^019, at Sacramento, California. 24 25 NnmOLAS J. HORTON 26 27 28 -2- DECLARATION OF NICHOLAS J. HORTON IN SUPPORT OF DEFENDANT'S EX PARTE APPLICATION" 4162-5499-6250 EXHIBIT A Horton, Nicholas J. From: Horton, Nicholas J. Sent: Tuesday, February 5, 2019 9:42 AM To: 'William Pao'; 'Shaun Setareh'; 'H. Scott Leviant'; 'AJ B'; 'Norm Blumenthal' Cc: 'Lilit Ter-Astvatsatryan'; 'Janine R. Menhennet'; Long, Timothy J.; 'Piya Mul; Shaun Setareh ; H. Scott Leviant Cc: Lilit Ter-Astvatsatryan ; AJ B ; Norm Blumenthal ; Janine R. Menhennet ; Long, Timothy J. ; Piya Mukherjee Subject: RE: Arana v. Health Net: Meet and Confer re depositions and briefing schedule Hi William, We are revising our motions, so we will not be able to appear tomorrow. We will provide a copy of the papers at the first reasonable opportunity, as required by Rule of Court 3.1206, and intend to begin this process no later than Wednesday, February 6, 2019. In the interests of full meet and confer we intend to proceed ex parte as follows: • Toby Alfred: Ex parte application for an order to show cause re contempt. • James Bjorseth: Ex parte application for an order to show cause re contempt • Patricia Gonzales and Shanel Allen: Ex parte application for an order shortening time to hear a Motion to Compel Plaintiff Arana to produce these witnesses o As to the underlying motion, we believe there is good cause based on your firm's representations regarding these witnesses to compel Plaintiff Arana to produce these witnesses • Patricia Gonzales: We believe the contact information you provided is inaccurate. Unless Ms. Gonzales moved from Elk Grove to Southern California between December and January, you have either put the wrong information in Ms. Gonzales' declaration, or the declarant is a different person from the person we attempted to serve in reliance on your representations regarding her most recent address. • Shanel Allen: Your representation that you were authorized to accept service on her behalf and confirmation that she would attend the deposition is cause to compel Plaintiff Arana to produce her for deposition in lieu of an order to show cause and/or further expense of Health Net. • Sanctions: A component of this motion may include a request for evidentiary sanctions; however, it will tiot include a request for monetary sanctions. 1 EXHIBIT A o The requested ex parte would seek to set the hearing on February 18, 2019, with oppositions, if any, due on February 11, 2019. As to Veronica Perez, we will renew our efforts to serve her with a deposition subpoena. To the extent you are willing to enter into a stipulation and order regarding depositions of any o f t h e above witnesses, we will consider that request while proceeding with our motions. However, at this time, we are not inclined to accept any further informal confirmations regarding witness attendance. Please advise whether you intend to appear and oppose any of the ex parte matters listed above. Best regards, Nick From: William Pao [mailto:william(Sisetarehlaw.com1 Sent: Monday, February 4, 2019 5:36 PM To: Horton, Nicholas J. ; Shaun Setareh ; H. Scott Leviant Cc: Lilit Ter-Astvatsatryan ; AJ B : Norm Blumenthal ; Janine R. Menhennet ; Long, Timothy J. ; Piya Mukherjee Subject: RE: Arana v. Health Net: Meet and Confer re depositions and briefing schedule Nick, Please confirm the scope of the ex parte for which you will be appearing tomorrow. Is it just to compel the attendance of the witnesses? We still have not received a copy of the motion papers considering that you gave notice of the ex parte on Friday. Please advise. Thanks SETAREH SLG LAW GROUP WILLIAM M. PAO Attorney at Law william@setarehlaw.com SETAREH LAW GROUP 315 South Beverly Drive, Suite 315 • Beverly Hills, California 90212 Telephone (310) 888-7771 • Facsimile (310) 888-0109 www.setarehlaw.com (5) Please consider the environment before printing this email. NOTICE: PLEASE BE ADVISED THAT THIS FIRM DOES NOT ACCEPT MEET AND CONFER LETTERS BY ELECTRONIC MAIL AND/OR FACSCIMILE UNLESS REQUIRED BY LAW OR MUTUAL AGREEMENT. THE USE OF ELECTRONIC MAIL AND/OR FACSIMILE IS STRICTLY FOR COURTESY PURPOSES ONLY. PLEASE ENSURE THAT ALL MEET AND CONFER LETTERS SENT TO THIS FIRM SHALL BE SENT BY U.S. MAIL, PERSONAL SERVICE OR OVERNIGHT COURIER WITH A COURTESY COPY BY ELECTRONIC MAIL AND/OR FACSIMILE. This communication (including attachments, if any) constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication may contain confidential and privileged material for the sole use of the 2 EXHIBIT A intended recipient and receipt by anyone other than the intended recipient does not constitute a loss ofthe confidential or privileged nature of the communication. Nothing contained herein should be construed as creating or intending to create an attorney-client relationship. Any and all communications are undertaken in an effort to evaluate potential claims and determine whether we are interested in representing you. Unless and until a formal attorney-client contract/retainer agreement is signed by both the client and the firm, we will not take any action to protect your rights. From: Horton, Nicholas J. Sent: Friday, February 1, 2019 2:43 PM To: William Pao ; Shaun Setareh ; H. Scott Leviant Cc: Lilit Ter-Astvatsatryan ; AJ B ; Norm Blumenthal : Janine R. Menhennet ; Long, Timothy J. ; Piya Mukherjee Subject: RE: Arana v. Health Net: Meet and Confer re depositions and briefing schedule William, Thank you for agreeing to extend our time to respond. We will draft a stipulation and order for your review. As to your claim that we are badgering witnesses, that is completely unfounded. Instead of lobbing spurious accusations and making threats, please provide specifics. We are moving forward with our motion to compel and intend to proceed ex parte on Tuesday, February 5, 2019, to have that motion heard on shortened time. Best regards, Nick From: William Pao [mailto:william@setarehlaw.com1 Sent: Friday, February 1, 2019 1:27 PM To: Horton, Nicholas J. ; Shaun Setareh ; H. Scott Leviant Cc: Lilit Ter-Astvatsatryan ; AJ B : Norm Blumenthal ; Janine R. Menhennet ; Long, Timothy J. ; Piya Mukherjee Subject: RE: Arana v. Health Net: Meet and Confer re depositions and briefing schedule Nick, We have absolutely no control over whether the declarants would appear for their depositions. Even the ones who communicated their desire for us to accept the subpoenas on their behalf, they communicated to us that they would appear for their depositions. The fact that they subsequently failed to do so is not something we have any control over, nor should we be sanctioned for their failure to appear. We do not, and have not, represented those individuals. The proper recourse is for your client to file motions to compel their attendance at their depositions, rather than try to extort us to withdraw their declarations and seek sanctions against us. Nevertheless, we will agree to extend the briefing schedule to accommodate the depositions of these witnesses, however, not for the extensive amount of time that you have indicated in your email below. We will agree to extend the deadline to file Defendant's opposition by 30 days which should be sufficient to resolve any outstanding issues. 3 EXHIBIT A Lastly, it has come to our attention that your office has been contacting the declarants and leaving multiple messages and/or otherwise bullying the declarants into withdrawing their declarations by falsely claiming that many declarants have already withdrawn their declaration and demanding that they withdraw theirs too. This is wholly inappropriate and if it continues, we will have no alternative but to bring this to the attention of the Court and will necessarily seek the disqualification of your firm. SETAREH SLG LAW GROUP WILLIAM M. PAO Attorney at Law william@setarehlaw.com SETAREH LAW GROUP 315 South Beverly Drive, Suite 315 • Beverly Hills, California 90212 Telephone (310) 888-7771 • Facsimile (310) 888-0109 www.setarehlaw.com Please consider the environment before printing this email. NOTICE: PLEASE BE ADVISED THAT THIS FIRM DOES NOT ACCEPT MEET AND CONFER LETTERS BY ELECTRONIC MAIL AND/OR FACSCIMILE UNLESS REQUIRED BY LAW OR MUTUAL AGREEMENT. THE USE OF ELECTRONIC MAIL AND/OR FACSIMILE IS STRiaLY FOR COURTESY PURPOSES ONLY. PLEASE ENSURE THAT ALL MEET AND CONFER LETTERS SENT TO THIS FIRM SHALL BE SENT BY U.S. MAIL, PERSONAL SERVICE OR OVERNIGHT COURIER WITH A COURTESY COPY BY ELEaRONIC MAIL AND/OR FACSIMILE. This communication (including attachments, if any) constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication may contain confidential and privileged material for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged nature ofthe communication. Nothing contained herein should be construed as creating or intending to create an attorney-client relationship. Any and all communications are undertaken in an effort to evaluate potential claims and determine whether we are interested in representing you. Unless and until a formal attorney-client contract/retainer agreement is signed by both the client and the firm, we will not take any action to protect your rights. From: Horton, Nicholas J. Sent: Thursday, January 31, 2019 1:33 PM To: Shaun Setareh ; H. Scott Leviant Cc: William Pao ; Lilit Ter-Astvatsatryan ; AJ B ; Norm Blumenthal ; Janine R. Menhennet ; Long, Timothy J. ; Piya Mukherjee Subject: Arana v. Health Net: Meet and Confer re depositions and briefing schedule Dear Counsel, As you know, a number of individuals on whose behalf you submitted declarations in support of Plaintiffs' motion for class certification either evaded personal service of deposition subpoenas or, after being served and/or your representation that you were authorized to accept service on their behalf, failed to appear for their properly noticed deposition. These individuals' failure to appear at their depositions, as well as your failure to cooperate in ensuring their appearance at the depositions, has had a material adverse impact on HNCA's ability to oppose Plaintiffs class certification motion. 4 EXHIBIT A To address our concerns, we propose that you withdraw the declarations of Shanel Allen, Toby Alfred, James Bjorseth, Patricia Gonzalez, Charles Pearson, and Veronica Perez. If you do not, we will have no choice but to file a motion to compel, or in the alternative, strike the declarations, and seek sanctions. If you do not withdraw the declarations, we request that you agree to extend the deadline for our opposition to Plaintiffs' class certification motion to fifteen court days after the Court resolves our discovery motion(s) or we complete the depositions of all of the foregoing individuals, whichever is later. We believe this is a reasonable accommodation in light of Mr. Leviant's prior offer to extend our briefing schedule to accommodate the deposition of these witnesses. The extra time will allow for resolution of the aforementioned motion(s) and, if any depositions go forward, incorporate what we learn from these declarants into our opposition papers. Please advise us in writing by Noon, Friday, February 1, 2019, whether you will withdraw the declarations of Shanel Allen, Toby Alfred, James Bjorseth, Patricia Gonzalez, Charles Pearson, and Veronica Perez, or grant HNCA the extension we request. If we do not hear from you by that deadline, we will assume that you have rejected our proposal, including the proposal to extend our opposition deadline, and we will move forward with our motions to compel/strike and for sanctions. Further, if we cannot agree on an extension, HNCA will also appear ex parte, subject to the Court's availability, on Tuesday February 5, 2019, before Judge Perkins, to seek the extension. Consider this correspondence to be notice of that ex parte hearing, should it be necessary. Please also advise if you intend to appear to oppose the ex parte. Best regards, Nick Nicholas J . Horton Managing Associate Orrick Sacramento ® T +1-916-329-4906 nhorton@orrick.com orrick NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. For more information about Orrick, please visit http://www.orrick.com. In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at https://www.orrick.com/Privacy-Policv to learn about how we use this information. NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of 5 EXHIBIT A the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. For more information about Orrick, please visit http://www.orrick.com. In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at https://www.orrick.com/Privacv-Policv to learn about how we use this information. EXHIBIT A EXHIBIT B -TIMOTHY"Jrb0NG-(STATEBARNO.~B7591) tilong(«),orrick.com 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) nhorton@orrick.com 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 4 Sacramento, CA 95814-4497 Telephone: +1916 447 8299 5 Facsimile: +1916 329 4900 6 ANNIE H. CHEN (STATE BAR NO. 292032) annie.chen(?i)orrick.com 7 ORRICK, HERRINGTON & SUTCLIFFE LLP 777 South Figueroa Street, Suite 3200 8 Los Angeles, CA 90017-5855 Telephone: +1-213-629-2020 9 Facsimile: +1-213-612-2499 10 Attomeys for Defendant 11 HEALTH NET OF CALIFORNIA, INC. 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 COUNTY OF SACRAMENTO 14 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- of herself and on behalf of all persons CU-OE-GDS 15 similarly situated. Plaintiff, HEALTH NET OF CALIFORNIA, INC.'S 16 NOTICE OF DEPOSITION OF JAMES E V. BJORSETH 17 HEALTH NET OF CALIFORNIA, INC., a Date: Wednesday, January 23,2019 18 Califomia Corporation; and Does 1 through Time: 9:00 a.m. 50, inclusive. Location: 777 S. Figueroa St., Suite 3200, 19 Los Angeles, CA 90017 Defendants. .20 21 TOMAS R. ARANA, on behalf of himself, all others similarly situated, 22 Plaintiff, 23 24 HEALTH NET OF CALIFORNIA, INC., a 25 Califomia corporation; and DOES 1-50, inclusive, 26 Defendant. 27 28 HEALTH NET OF CALIFORNIA. INC.'S NOTICE OF DEPOSITION OF JAMES E BJORSETH EXHIBIT B J„ TO-PLAINTIF-FSAND-THEIR^A-TTORNEYSOF-REGORD: 2 PLEASE TAKE NOTICE THAT commencing at 9:00 a.m. on January 23, 2019, at the 3 Law Offices of Orrick, Herrington & Sutcliffe LLP, 777 S. Figueroa St., Suite 3200, Los 4 Angeles, CA 90017, Defendant HEALTH NET OF CALIFORNIA, INC., by and through its 5 attomeys of record, will take the oral deposition of JAMES E BJORSETH before an officer 6 authorized to administer oaths pursuant to California Code of Civil Procedure sections 2019.010 7 et. seq. and 2025.010 et. seq. The deposition will continue from day to day thereafter, excluding 8 weekends and holidays, until it is completed or as otherwise agreed by counsel. 9 PLEASE TAKE FURTHER NOTICE THAT, pursuant to Califomia Code of Civil 10 Procedure sections 2025.220 and 2025.330, Plaintiffs deposition will be recorded 11 stenographically only. 12 13 Dated: January 7, 2019 ORRICK, HERRINGTON & SUTCLIFFE LLP 14 15 'NICHODic»-J. HORTON 16 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 17 18 19 20 21 22 23 24 25 26 27 28 'tl35-l24l-2l85.l HEALTH NET OF CALIFORNIA. INC.'S NOTICE OF DEPOSITION OF JAMES E BJORSETH EXHIBIT B SUBP-015 ATTORNEV OR PARTY WITHOUT ATTORNEY (Name, ttata Oar numtm. una address); FOR COURT use ONLY NICHOLAS J. HORTON, ESQ., SBN 289417 ORRICK, HERRINGTON & SUTCLIFFE LLP -400 Capllol ^^alI,•Suilc^OO0 Sacramcnlo.CA 95814 TELEPHONE NO., (916) 447-9200 FAX NO (opiionai); (916) 2J9-4900 E-MAIL ADDRESS.' ATTORNEY FOR (Noma); HEALTH NET OF CALIFORNIA, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO STREETADDRESS: 720 NINTH STREET CITY ANDZIPCODE; SACRAMENTO, CA 95814 BRANCHNAME; GORDON D. SCHABER COURTHOUSE PLAINTIFF/ ANDREA SPEARS, ct ol. PETmONER: DEFENDANT/ HEALTH NET OF CALIFORNIA. INC., cJ al. RESPONDENT: CASE NUMBER: DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE 34-2017-00210560-CU-OE-GDS THE PEOPLE OF THE STATE OF CALIFORNIA, TO \SJ. NORTON (SBN 289417) 400 CAPITOL MALL SUITE 3000 SACRAMENTO , CA 95814-4497 Telephone No: (916) 447-9200 Attorney For: Defendant . Ref. No. or File No.: Insert name of Court, and Judicial District ond Branch Court: SACRAMENTO COUNTY SUPERIOR COURT Plaintiff: ANDREA SPEARS, an Individual, on behalf of herself and on behalf of all persons similarly situated Defendant: HEALTH NET OF CALIFORNIA, INC., a California Corporation . PROOF OF SERVICE Hearing Dote: Time: Dept/Div: .Case Number 1/23/2019 9 AM 34-2017-00210560-CU-OE-GDS 1. At the time of service I was at least 18 years of age and not a party to this action. 2. I served copies ofthe DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE 3. a. . Party served: .JAMES E. BJORSETH b. Person served: JAMES E, BJORSETH , Caucasian, Male, Age: 3 0 , Hair: Bald, Eyes: Green, Height: 6 ' , Weight: 220 4. Address where the party was served: 10342 WOODLEY AVENUE , GRANADA HILLS, CA 91344 5. I sen/ed the party: a. by personal service, l personally delivered the documents listed in item 2 to the party or person authorized to receive process for the party (1) on: Mon, Jan 07 2019 (2) at: 05:38 PM b: Witness Fees $46.00 Recoverable cost Per CCP 1033.5(a)(4)(B) 6. Person Who Served Papers: a. Jose Saca (6927, Los Angeles) d. The.Fee far Service was: b. FIRST LEGAL e. I am: A Registered California Process Server 1814 1 Street SACRAMENTO, CA 95814 C.(916) 444-5111 7. / declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct 01/09/2019 (Date) (Signature) Judicial Council Form PROOF OF 2952287 ii Rule 2.150.(a)&(b) Rev January 1, 2007 SERVICE (9994317) EXHIBIT B EXHIBIT C 1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Norman B. Blumenthal (State Bar #068687) 2 Kyle R. Nordrehaug (State Bar #205975) Aparajit Bhowmik (State Bar #248066) 3 Piya Mukheijee (State Bar #274217) Janine R. Menhennet (State Bar #163501) 4 2255 Calle Clara La Jolla, CA 92037 5 Telephone:(858)551-1223 Facsimile: (858) 551-1232 6 7 Attomeys for Plaintiff Andrea Spears 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SACRAMENTO 10 11 12 ANDREA SPEARS, an individual, on behalf CASE No. 34-2017-00210560 of herself and on behalf of all persons 13 similarly situated, Plaintiff, 14 CLASS ACTION 15 PLAINTIFF'S OBJECTIONS TO HEALTH NET OF CALIFORNIA, INC., a D E F E N D A N T ' S N O T I C E OF 16 Califomia Corporation; and Does 1 through DEPOSITION OF JAMES BJORSETH 50, inclusive. 17 Defendants. 18 TOMAS R. ARANA, on behalf of himself, all others similarly situated, 19 Plaintiff, V. 20 HEALTH NET OF CALIFORNIA, INC., a 21 Califomia corporation; and DOES 1-50, inclusive, 22 Defendant. 23 24 25 26 27 28 PLAmTlFF'S OBJECTIONS TO DEFENDANT'S NOTICE OF DEPOSITION OF JAMES BJORSETH CASE No. 34-2017-00210560 -1- EXHIBITC 1 Plaintiff ANDREA SPEARS ("Plaintiff") submits the foregoing objections to Defendant 2 HEALTH NET OF CALIFORNIA, INC.s ("Defendant") Notice of Deposition of James Bjorseth. 3 Pursuant to the California Code of Civil Procedure. Mr. Bjorseth will not appear for deposition 4 on January 23. 2019, a dale unilaterally selected by Defendant without consulting Mr. Bjorseth 5 or PlaintifPs counsel. 6 7 I. PRELIMINARY STATEMENT 8 These responses are made solely for the purpose of and in relation to this action and are subject 9 to all objections to competence, authenticity, relevance, materiality, propriety, admissibility, and any and 10 all other objections and grounds which would or could require or permit the exclusion of any statement 11 or document therein from evidence, all of which objections and grounds are reserved and may be 12 interposed at the time of trial. 13 Plaintiff responds to Defendant's notice of deposition based on the information and documents 14 currently available to her, given that discovery in this action is ongoing. Plaintiff has not yet completed 15 her investigations of the facts relating to this action, and has not yet completed her preparation for trial. 16 Consequently, the following responses are given without prejudice to the responding party'srightto 17 produce, at the time of trial, subsequently discovered evidence relating to the proof of facts subsequently 18 discovered to be material. By Deponent responding to Defendant's questions at deposition. Plaintiff does 19 not concede the relevancy or materiality of any fact, or of the subject to which such questions refer. 20 Plaintiff objects to the extent Defendant asks any duplicative questions and/or any duplicative 21 lines of questioning that the questions are duplicative, overbroad, irrelevant, harassing, and a waste of 22 time. 23 Plaintiff objects to Defendant's Notice of Taking Deposition Upon Oral Examination lo the 24 extent Defendant's questions seeks personal and private information which, if disclosed, would unduly 25 and improperiy invade the protected privacy rights of Ms. Bjorseth's Right to Privacy under the 26 Califomia Constitution to an extent incommensurate with Defendant's legitimate discovery needs. 27 Plaintiff objects to the extent any of Defendant's questions and/or lines of questioning are irrelevant and 28 PLAINTIFF'S OBJECTIONS TO DEFENDANT'S NOTICE OF DEPOSITION OF JAMES BJORSETH CASE No. 34-2017-00210560 -2- EXHIBITC 1 not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff objects to the extent 2 any questions or lines of questioning ask for a legal conclusion and/or legal reasoning. 3 4 II. G E N E R A L OBJECTIONS TO NOTICE OF DEPOSITION 5 Pursuant to the California Code of Civil Procedure and subject to the preliminary objections 6 outlined above, Plaintiff objects to Defendant's Notice of Taking Deposition Upon Oral Examination. 7 Plaintiff objects to the extent any questions seek information irrelevant to the instant lawsuit or invade 8 Mr. Bjorseth's Right to Privacy under the Califomia Constitution and will not provide responses to such 9 questions. Plaintiff further objects that to the extent any questions are harassing, intimidating, or 10 vexatious, Plaintiff will conclude the deposition and seek the assistance of the Court including, but not 11 limited to, seeking the issuance of an appropriate protective order. 12 Plaintiff objects to the extent Defendant seeks to continue the deposition beyond one (I) 13 business day. Subject to and without waiving the foregoing objections, James Bjorseth may appear for 14 deposition at a mutually convenient date and time, at Orrick, Herrington & Sutcliffe LLP, 400 Capitol 15 Mall, Suite 800, Sacramento, Califomia 95814. 16 17 Dated: January 14,2019 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW, LLP 18 19 20 ine R. Menhennet Cttomeys for Plaintiff Andrea Spears 21 22 23 24 25 26 27 28 PLAINTIFFS OBJECTIONS TO DEFENDANT'S NOTICE OF DEPOSITION OF JAMES BJORSETH CASE No. 34-2017-00210560 EXHIBITC 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF SAN DIEGO 3 I, Janine R. Menhennet, am employed in the County of San Diego, State of Califomia. 1 am over the age of 18 and not a party to the within action. My business address is 2255 Calle Clara, La 4 Jolla, Califomia 92037. 5 On January 14, 2019,1 served the document(s) described as: 6 1. PLAINTIFF'S OBJECTIONS TO DEFENDANT'S NOTICE OF DEPOSITION OF JAMES BJORSETH 7 (BY MAIL): I caused each such envelope, vwth postage thereon ftjlly prepaid, to be placed 8 in the United States mail at San Diego, Califomia. I am readily familiar with this firm's business practice for collection and processing of correspondence for mailing with the U.S. 9 Postal Service pursuant to which practice the correspondence will be deposited with the U.S. Postal Service this same day in the ordinary course of business (CCP. Section 10139a); 10 2015.5): 11 12 XX (FEDERAL EXPRESS): 1 caused the above-described document to be delivered via ovemigl t 13 delivery (Federal Express), by placing a copy in a separate FEDERAL EXPRESS mailer and attaching a completed Federal Express air bill, with Standard Ovemight delivery/Priority 14 Delivery requested, and caused said mailer to deposited in the Federal Express collection box at San Diego, Califomia. 15 Timothy J. Long 16 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 17 Sacramento, CA 95814 18 Shaun Setareh SETAREH LAW GROUP 19 9454 Wilshire Blvd., Suite 907 Beverly Hills, CA 90212 20 21 (State): I declare under penalty of perjury under the laws of the Stale of Califomia that the above is true and correct. 22 Executed on January 14, 2019, at La Jolla, Califomia. 23 24 25 26 27 28 PLAINTIFPS OBJECTIONS TO DEFENDANT'S NOTICE OF DEPOSITION OF JAMES BJORSETH CASE No. 34-2017-00210560 -4- EXHIBITC EXHIBIT D 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF SACRAMENTO 3 4 ANDREA SPEARS, an i n c i i v i d u a l , 5 on b e h a l f o f h e r s e l f and on b e h a l f o f a l l persons 6 similarly situated, 7 Plaintiff, vs . No. 34-2017-00210560 CU-OE-GDS 9 HEALTH NET OF CALIFORNIA, INC., a C a l i f o r n i a C e r t i f i c a t e Re 10 C o r p o r a t i o n ; and DOES 1 Nonappearance t h r o u g h 50, i n c l u s i v e , of Witness 11 Defendants. 12 13 TOMAS R. ARANA, on b e h a l f o f himself, a l l others s i m i l a r l y 14 situated. 15 Plaintiff, 16 vs . 17 HEALTH NET OF CALIFORNIA, INC., a C a l i f o r n i a 18 C o r p o r a t i o n ; and DOES 1-50, inclusive, 19 Defendants. 20 21 22 I , R i c k i Q. M e l t o n , CSR No. 9400, C e r t i f i e d 23 Shorthand Reporter i n t h e State o f C a l i f o r n i a , hereby 24 d e c l a r e as f o l l o w s : 25 T h a t p u r s u a n t t o t h e r e q u e s t o f NICHOLAS J . Page 1 Veritext Legal Solutions 866 299-5127 EXHIBIT D 1 HORTON, A t t o r n e y a t Law, o f ORRICK HERRINGTON & 2 SUTCLIFFE, LLP, a p p e a r i n g f o r t h e Defendants i n 3 t h e a b o v e - e n t i t l e d a c t i o n , I d i d appear a t 4 14520 S y l v a n S t r e e t , Van Nuys, C a l i f o r n i a , 91411, on 5 Wednesday, J a n u a r y 23, 2019, a t t h e s c h e d u l e d t i m e o f 6 9:00 A.M., f o r t h e p u r p o s e s o f p l a c i n g under o a t h and 7 t a k i n g the testimony o f JAMES BJORSETH p u r s u a n t t o 8 Notice. 9 A t 9:40 A.M., t h e above w i t n e s s having 10 f a i l e d t o appear, t h e f o l l o w i n g was e n t e r e d f o r the 11 record: 12 13 -oOo- 14 15 MR. HORTON: We're on t h e r e c o r d i n t h e 16 d e p o s i t i o n o f James B j o r s e t h i n t h e m a t t e r o f Andrea 17 Spears and Tomas Arana v e r s u s H e a l t h Net o f 18 California, a c o n s o l i d a t e d a c t i o n o u t o f t h e County 19 o f Sacramento. 20 Mr. B j o r s e t h was p r o p e r l y s e r v e d t h e 21 subpoena c o m p e l l i n g h i s d e p o s i t i o n on J a n u a r y 7 t h , 22 2019. 23 S i n c e t h a t t i m e , my o f f i c e , through myself 24 and o t h e r a t t o r n e y s , have had s e v e r a l phone calls 25 w i t h Mr. B j o r s e t h i n w h i c h he has i n d i c a t e d t h a t t h e Page 2 Veritext Legal Solutions 866 299-5127 EXHIBIT D 1 o r i g i n a l l y n o t i c e d l o c a t i o n i n Downtown Los A n g e l e s 2 was e x t r e m e l y burdensome and inconvenient. 3 We w o r k e d t o move t h e l o c a t i o n t o Van Nuys; 4 however, a f t e r moving t h e l o c a t i o n t o Van Nuys, 5 Mr. B j o r s e t h w o u l d n o t c o n f i r m t h a t he w o u l d attend 6 his deposition. 7 The d e p o s i t i o n was s c h e d u l e d t o b e g i n a t 8 9:00 A.M. I t i s now 9:40 A.M, We have a t t e m p t e d 9 a g a i n t o r e a c h Mr. B j o r s e t h . He d i d n o t answer h i s 10 phone. 11 One o f t h e two numbers was answered by a 12 woman named Donna, who i n d i c a t e d t h a t she was aware 13 he was s p e a k i n g w i t h a t t o r n e y s regarding the 14 d e p o s i t i o n b u t d i d n o t have any f u r t h e r i n f o r m a t i o n . 15 I have a l s o c o n t a c t e d t h e r e c e p t i o n desk a t 16 o u r L.A. o f f i c e where t h e o r i g i n a l l y n o t i c e d subpoena 17 was t h e l o c a t i o n f o r t h e d e p o s i t i o n . They have 18 confirmed Mr. B j o r s e t h has n o t shown up a t o u r L.A. 19 office. 20 A t t h i s p o i n t , we're j u s t g o i n g to formally 21 issue a -- s t a t e a n o t i c e o f nonappearance on t h e 22 r e c o r d and suspend t h e d e p o s i t i o n o f James B j o r s e t h 23 pending f u r t h e r discussions w i t h Mr. B j o r s e t h i f he 24 can be r e a c h e d . 25 MR. PAO: I can j u s t s t a t e my appearance on Page 3 Veritext Legal Solutions 866 299-5127 EXHIBIT D 1 t h e r e c o r d as w e l l . 2 This i s W i l l i a m Pao, c o u n s e l a t S e t a r e h Law 3 Group, f o r t h e p l a i n t i f f Tomas Arana and t h e p u t a t i v e 4 class. 5 A l s o we have no i n f o r m a t i o n t o c o n f i r m o r 6 deny t h e r e p r e s e n t a t i o n s made by c o u n s e l on t h e 7 record. 8 So we e x p r e s s no o p i n i o n as t o t h o s e 9 statements a t t h i s time. 10 MR. HORTON: And t o be c l e a r , Mr. B j o r s e t h , 11 although he i n d i c a t e d he d e s i r e d t o speak t o someone 12 from the Blumenthal f i r m , during our discussions 13 t r y i n g t o c o n f i r m h i s d e p o s i t i o n , never i n d i c a t e d 14 t h a t he was r e t a i n e d by e i t h e r c o u n s e l i n t h i s 15 matter, and i t i s o u r u n d e r s t a n d i n g t h a t he i s n o t 16 r e t a i n e d by e i t h e r t h e S e t a r e h Law Group -- o r he has 17 n o t r e t a i n e d e i t h e r t h e S e t a r e h Law Group o r t h e 18 B l u m e n t h a l Law F i r m t o represent him i n t h i s matter 19 and he i s an i n d e p e n d e n t t h i r d - p a r t y witness. 20 MR. PAO: I can o n l y c o n f i r m t h a t we have 21 n o t been r e t a i n e d by h i m . 22 MR. HORTON: W i l l i a m , unless you have 23 anything further, t h e d e p o s i t i o n w i l l be suspended 24 p e n d i n g f u r t h e r d i s c u s s i o n w i t h Mr. B j o r s e t h . 25 MR. PAO: I have n o t h i n g further. Thank Page 4 Veritext Legal Solutions 866 299-5127 EXHIBIT D 1 you. 2 MR. HORTON: Off the record. 3 (Whereupon, a t 9:43 A.M., t h e 4 proceedings were adjourned.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 Veritext Legal Solutions 866 299-5127 EXHIBIT D 1 I hereby c e r t i f y under penalty of perjury 2 that the foregoing i s true and c o r r e c t . 3 I further c e r t i f y that I am n e i t h e r counsel 4 f o r n o r r e l a t e d t o any o f t h e p a r t i e s connected with 5 this action, n o r am I i n any way i n t e r e s t e d i n the 6 outcome o f s a i d action. 7 I N WITNESS WHEREOF, I have hereunto s u b s c r i b e d my s i g n a t u r e t h i s 5 t h day o f F e b r u a r y , 9 2019. 10 11 12 13 14 15 16 17 18 19 R i c k i Q. M e l t o n , CSR No. 9400 20 21 22 23 24 25 Page 6 Veritext Legal Solutions 866 299-5127 EXHIBIT D