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LAW OFFICES 0F MICHAEL J. LIBMAN, APC
MICHAEL J. LIBMAN (SBN 222353)
ZHANNA SANAMYAN (SBN 337133)
18321 Ventura Boulevard, Suite 700
Tarzana, California 9 1 356
Telephone: (818) 995-7300
F i L E
Facsimile: (866) 644-6764 S%'°OEUR'°R COURT OF CALIFORNIA
m [lgéD libman law. com SAIyEEROh'iASRAD'YNBgEm?&O
GARY BERKOVICH (SBN 19273 1) SEP 1 2 2022
A PROFESSIONAL CORPORATION '
\OOO\)O\M#
14900 Ventura Boulevard, Suite 220
Sherman Oaks, California 91403 BY
Telephone: (818) 465—9505 PAC E AN z, DEPUTY
Facsimile: (818) 358-2829
Attorneys for Plaintiff, LORI BUSH
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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12 FOR THE COUNTY OF SAN BERNARDINO
13
LORI BUSH, an individual; CASE NUMBER: CIVDSI613 161
14 Hon. John M. Pacheco
Plaintiff,
Dept: s31
15 VS.
16
SUPPLEMENTAL DECLARATION IN
SUPPORT OF PLAINTIFF’S NOTICE OF
17
ST. BERNARDINE MEDICAL CENTER, a MOTION AND MOTION FOR AN
business entity form unknown; DIGNITY ORDER REQUIRING DEFENDANT
18 HEALTH, a California Corporation; and DIGNITY HEALTH TO PAY COSTS 0F
DOES 1 through 200, inclusive
PROOF UNDER C'C'P- §2033°420
19
Date: October 12, 2022
Defendants- Time: 08:30 a.m.
20
Dpt.: S31
21
Trial Date: February 14, 2022
22 Notice of Entry of Judgment filed 0n
6/22/22.
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24 Michael Libman, do hereby state and swear as follows:
I,
25 1. I am an attorney duly licensed to practice law in the State 0f California. I am the founding
26 principal of the Law Offices of Michael Libman, APC, co-counsel of record for Plaintiff
27 Lori Bush in this matter. I am not a party to this action. Iwrite this supplemental declaration
28 in suppon of Plaintiff’s Motion for an Order that Defendant DIGNITY HEALTH and/or its
SUPPLEMENTAL DECLARATION IN SUPPORT OF PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR ORDER REQUIRING
DEFENDANT DIGNITY HEALTH T0 PAY COSTS OF PROOF UNDER C.C.P. §2033.420
Counsel pay t0 Plaintiff the sum of $521,188.15 as her reasonable expenses, including
attorney fees, incurred in proving the truth of the facts Which defendant failed t0 admit in its
#WN
responses to Requests for Admission. As counsel in this matter, Ihave personal knowledge
0f the following, and if called as a witness, I can and will competently testify thereto.
LII
. Defendant Dignity Health was served with Requests for Admission, Set 1 on September 21,
2018. See Exhibit 1. RFA No.1 encapsulates the gravamen and core issue as t0 liability
and causation 0f Dignity Health by asking Dignity to admit that “no one other than you
OWOOQON
were the cause of the INCIDENT” as Dignity filed a cross complaint against Total
Professional Network, Inc. Also, RFA No. 4, asked Dignity to admit that Plaintiff was
not a cause of the INCIDENT,” in order to avoid litigating comparative fault of
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Plaintiff. RFA No.5 asked Dignity to admit that its negligence was a substantial factor.
RFA’s 6 to 23 asked Dignity to admit plaintiff’s injuries, reasonableness and necessity
12
of medical treatment, and its costs. RFA’s 24, 25, 26, and 28 asked Dignity to admit its
13
14
failure to repair, protect, or warn tracking the language of CACI 1011. Only RFA’s 27
and 29 requested admissions as to professional negligence-two out of a total of 33
15
16
RFA’s, or about 6% of the RFA’s.
17
. On October 24, 2018, defendant served its Reponses to RFA, Set 1. See Exhibit 2 denying
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each and evely RFA, wholesale. Not a single RFA was admitted where it clearly should
have been.
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. I spent 72 hours preparing for, researching and taking depositions 0f Dr. Ali Mesiwala,
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Barbara Studer, Constantine Boukids, Cory Chafers, Cynthia Ang, Henry Miller, Kathy
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Morehead, Maurice Espinoza, Dr. Pablo Pazmino, Roberta Ham's, Sharyn Brekhus, Thomas
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Parco and Dr. Tony Feureman. A11 these depositions were necessary to prove the issues that
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Dignity failed to admit, and proven at trial, arguably, with the exception 0f Roberta Harris
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Who was TPN’s registry nurse. A11 the other witnesses were Dignity’s employees, former
25
employees, or retained experts, with the exception of Maurice Espinoza who was TPN’s
26
standard of care expert. I spent 4.5 hours preparing for, researching, and taking the
27
deposition 0f Roberta Harris, and 3.5 hours preparing for, researching, and taking the
28
deposition of Maurice Espinoza. Therefore, out 0f the 72 hours claimed, 8 hours were
2
SUPPLEMENTAL DECLARATION IN SUPPORT OF PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR ORDER REQUIRING
DEFENDANT DIGNITY HEALTH TO PAY COSTS OF PROOF UNDER C.C.P. §2033.420
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LAW OFFICES 0F MICHAEL J. LIBMAN, APC MICHAEL J. LIBMAN (SBN 222353) ZHANNA SANAMYAN (SBN 337133) 18321 Ventura Boulevard, Suite 700 Tarzana, California 9 1 356 Telephone: (818) 995-7300 F i L E Facsimile: (866) 644-6764 S%'°OEUR'°R COURT OF CALIFORNIA m [lgéD libman law. com SAIyEEROh'iASRAD'YNBgEm?&O GARY BERKOVICH (SBN 19273 1) SEP 1 2 2022 A PROFESSIONAL CORPORATION ' \OOO\)O\M# 14900 Ventura Boulevard, Suite 220 Sherman Oaks, California 91403 BY Telephone: (818) 465—9505 PAC E AN z, DEPUTY Facsimile: (818) 358-2829 Attorneys for Plaintiff, LORI BUSH 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 12 FOR THE COUNTY OF SAN BERNARDINO 13 LORI BUSH, an individual; CASE NUMBER: CIVDSI613 161 14 Hon. John M. Pacheco Plaintiff, Dept: s31 15 VS. 16 SUPPLEMENTAL DECLARATION IN SUPPORT OF PLAINTIFF’S NOTICE OF 17 ST. BERNARDINE MEDICAL CENTER, a MOTION AND MOTION FOR AN business entity form unknown; DIGNITY ORDER REQUIRING DEFENDANT 18 HEALTH, a California Corporation; and DIGNITY HEALTH TO PAY COSTS 0F DOES 1 through 200, inclusive PROOF UNDER C'C'P- §2033°420 19 Date: October 12, 2022 Defendants- Time: 08:30 a.m. 20 Dpt.: S31 21 Trial Date: February 14, 2022 22 Notice of Entry of Judgment filed 0n 6/22/22. 23 24 Michael Libman, do hereby state and swear as follows: I, 25 1. I am an attorney duly licensed to practice law in the State 0f California. I am the founding 26 principal of the Law Offices of Michael Libman, APC, co-counsel of record for Plaintiff 27 Lori Bush in this matter. I am not a party to this action. Iwrite this supplemental declaration 28 in suppon of Plaintiff’s Motion for an Order that Defendant DIGNITY HEALTH and/or its SUPPLEMENTAL DECLARATION IN SUPPORT OF PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR ORDER REQUIRING DEFENDANT DIGNITY HEALTH T0 PAY COSTS OF PROOF UNDER C.C.P. §2033.420 Counsel pay t0 Plaintiff the sum of $521,188.15 as her reasonable expenses, including attorney fees, incurred in proving the truth of the facts Which defendant failed t0 admit in its #WN responses to Requests for Admission. As counsel in this matter, Ihave personal knowledge 0f the following, and if called as a witness, I can and will competently testify thereto. LII . Defendant Dignity Health was served with Requests for Admission, Set 1 on September 21, 2018. See Exhibit 1. RFA No.1 encapsulates the gravamen and core issue as t0 liability and causation 0f Dignity Health by asking Dignity to admit that “no one other than you OWOOQON were the cause of the INCIDENT” as Dignity filed a cross complaint against Total Professional Network, Inc. Also, RFA No. 4, asked Dignity to admit that Plaintiff was not a cause of the INCIDENT,” in order to avoid litigating comparative fault of 11 Plaintiff. RFA No.5 asked Dignity to admit that its negligence was a substantial factor. RFA’s 6 to 23 asked Dignity to admit plaintiff’s injuries, reasonableness and necessity 12 of medical treatment, and its costs. RFA’s 24, 25, 26, and 28 asked Dignity to admit its 13 14 failure to repair, protect, or warn tracking the language of CACI 1011. Only RFA’s 27 and 29 requested admissions as to professional negligence-two out of a total of 33 15 16 RFA’s, or about 6% of the RFA’s. 17 . On October 24, 2018, defendant served its Reponses to RFA, Set 1. See Exhibit 2 denying 18 each and evely RFA, wholesale. Not a single RFA was admitted where it clearly should have been. 19 . I spent 72 hours preparing for, researching and taking depositions 0f Dr. Ali Mesiwala, 20 Barbara Studer, Constantine Boukids, Cory Chafers, Cynthia Ang, Henry Miller, Kathy 21 Morehead, Maurice Espinoza, Dr. Pablo Pazmino, Roberta Ham's, Sharyn Brekhus, Thomas 22 Parco and Dr. Tony Feureman. A11 these depositions were necessary to prove the issues that 23 Dignity failed to admit, and proven at trial, arguably, with the exception 0f Roberta Harris 24 Who was TPN’s registry nurse. A11 the other witnesses were Dignity’s employees, former 25 employees, or retained experts, with the exception of Maurice Espinoza who was TPN’s 26 standard of care expert. I spent 4.5 hours preparing for, researching, and taking the 27 deposition 0f Roberta Harris, and 3.5 hours preparing for, researching, and taking the 28 deposition of Maurice Espinoza. Therefore, out 0f the 72 hours claimed, 8 hours were 2 SUPPLEMENTAL DECLARATION IN SUPPORT OF PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR ORDER REQUIRING DEFENDANT DIGNITY HEALTH TO PAY COSTS OF PROOF UNDER C.C.P. §2033.420