On August 10, 2016 a
Motion-Secondary
was filed
involving a dispute between
Bush, Lori,
Dignity Health, A Califonia Corporation,
and
Dignity Health, A Califonia Corporation,
St. Bernadine Medical Center A Business Entity Unknown,
Total Professional Network, Inc,
for Medical Malpractice Unlimited
in the District Court of San Bernardino County.
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MICHAEL J. LIBMAN (SBN 222353)
THE LAW OFFICES OF MICHAEL J. LIBMAN
18321 Ventura Boulevard, Suite 700
. .
Tarzana, Callfomla 9 1 356 __
..
o" I
,
L
3L":RIOR COURT OF CAUFORNKA
p” D
Telephone; (818) 995—7300
°§£§Q£$§o~u§§$§§9駰
Facsimile: (866) 644-6764
mil@libmanlaw.com JUN O 9 2023
GARY BERKOVICH (SBN 19273 1)
A PROFESSIONAL CORPORATION
14900 Ventura Boulevard, Suite 220
BY
——_~%
ANTHONY h ~ ":NEZ. EPUTY
Sherman Oaks, California 91403
Telephone: (818) 465-9505
Facsimile: (818) 358-2829
Attorneys for Plaintiff, LORI BUSH
10
ll SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 FOR THE COUNTY OF SAN BERNARDINO — SAN BERNARDINO DISTRICT
l3
LORI BUSH, an individual; CASE NO. CIVDS 1 6 1 3 161
l4
Plaintiff,
15 Judge: Hon. John M. Pacheco
VS- Dept: S31
l6
PLAINTIFF’S OPPOSITION TO
l7 ST. BERNARDINE MEDICAL CENTER, a DIGNITY HEALTH’S AND KURT
business entity form unknown; DIGNITY WEINMEISTER’S NOTICE OF MOTION
18
HEALTH, a California Corporation; and AND MOTION FOR PROTECTIVE
19 DOES 1 through 200, inclusive ORDER; REQUEST FOR SANCTIONS;
20
DECLARATION OF MICHAEL J.
Defendants. LIBMAN
VVVVVVVVVVVVVVVVVVVVVVV
21
DATE: June 22, 2023
22 TIME: 8:30 a.m.
23
DEPT.: $31
24
25
26
27
28
1
PLAINTIFF’S OPPOSITION TO DIGNITY HEALTH’S AND KURT WEINMEISTER’S NOTICE OF MOTION AND MOTION FOR
PROTECTIVE ORDER; REQUEST FOR SANCTIONS
TO THE COURT, DEFENDANTS AND THEIR COUNSEL OF RECORD:
COMES NOW Plaintiff Lori Bush and submits her Opposition to Dignity Health and
Kurt Weinmester’s Notice of Motion and Motion for Protective Order.
The Opposition is based on the following grounds:
1. Kabateck’s Notice of Lien is illegal and in contravention of the Assignment Statutes
because the underlying judgment is not a money judgment but an injunction. Libman is not a
party in this case, and the Assignment Statutes d0 not authorize a creditor to assert a lien on the
assigned property based 0n Order of Assignment
2. There is no evidence on Which court can enter “distribution” of any funds in this case
lO that can include Kabateck.
ll 3. There is no evidence or claim that Jones or Kabateck had any involvement in
12 plaintiff s instant case or have any lien rights against Plaintift}
l3 4. Kurt Weinmeister as the CEO and representative of St. Bemardine Medical Center, a
l4 a judgment debtor against whom a judgment was entered. [j]udgment
party to this matter, is
15 ”
debtor’ is statutorily defined as “the person against Whom a judgment is rendered.” §680.250
l6 “ ‘
[defining [j]udgment debtor’]
17 This court has no appellate jurisdiction to reverse the orders and judgment
5.
18 entered by Judge Pacheco as to interest or any other issue related to the judgment;
l9 This Opposition and Request for Sanctions shall be based upon the Memorandum of
20 Points and Authorities and the Declaration of Michael J. Libman in support thereof, the
21 pleadings on file with the Court in the instant action, and all other evidence and argument which
22
may be brought properly before the Court at the hearing 0n this matter.
23
24
25
DATED: June 9, 2023 LAW OFFICES OF MICHAEL
By:
W fl.
J.
Adam:
MICHAEL J. LIBMAN
LIBMAN, APC.
[E-Signature]
26 LORI BUSH
Attorneys for
27
28
2
PLAINTIFF’S OPPOSITION TO DIGNITY HEALTH’S AND KURT WEINMEISTER’S NOTICE OF MOTION AND MOTION FOR
PROTECTIVE ORDER; REQUEST FOR SANCTIONS
Document Filed Date
June 09, 2023
Case Filing Date
August 10, 2016
Category
Medical Malpractice Unlimited
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MICHAEL J. LIBMAN (SBN 222353) THE LAW OFFICES OF MICHAEL J. LIBMAN 18321 Ventura Boulevard, Suite 700 . . Tarzana, Callfomla 9 1 356 __ .. o" I , L 3L":RIOR COURT OF CAUFORNKA p” D Telephone; (818) 995—7300 °§£§Q£$§o~u§§$§§9駰 Facsimile: (866) 644-6764 mil@libmanlaw.com JUN O 9 2023 GARY BERKOVICH (SBN 19273 1) A PROFESSIONAL CORPORATION 14900 Ventura Boulevard, Suite 220 BY ——_~% ANTHONY h ~ ":NEZ. EPUTY Sherman Oaks, California 91403 Telephone: (818) 465-9505 Facsimile: (818) 358-2829 Attorneys for Plaintiff, LORI BUSH 10 ll SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO — SAN BERNARDINO DISTRICT l3 LORI BUSH, an individual; CASE NO. CIVDS 1 6 1 3 161 l4 Plaintiff, 15 Judge: Hon. John M. Pacheco VS- Dept: S31 l6 PLAINTIFF’S OPPOSITION TO l7 ST. BERNARDINE MEDICAL CENTER, a DIGNITY HEALTH’S AND KURT business entity form unknown; DIGNITY WEINMEISTER’S NOTICE OF MOTION 18 HEALTH, a California Corporation; and AND MOTION FOR PROTECTIVE 19 DOES 1 through 200, inclusive ORDER; REQUEST FOR SANCTIONS; 20 DECLARATION OF MICHAEL J. Defendants. LIBMAN VVVVVVVVVVVVVVVVVVVVVVV 21 DATE: June 22, 2023 22 TIME: 8:30 a.m. 23 DEPT.: $31 24 25 26 27 28 1 PLAINTIFF’S OPPOSITION TO DIGNITY HEALTH’S AND KURT WEINMEISTER’S NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER; REQUEST FOR SANCTIONS TO THE COURT, DEFENDANTS AND THEIR COUNSEL OF RECORD: COMES NOW Plaintiff Lori Bush and submits her Opposition to Dignity Health and Kurt Weinmester’s Notice of Motion and Motion for Protective Order. The Opposition is based on the following grounds: 1. Kabateck’s Notice of Lien is illegal and in contravention of the Assignment Statutes because the underlying judgment is not a money judgment but an injunction. Libman is not a party in this case, and the Assignment Statutes d0 not authorize a creditor to assert a lien on the assigned property based 0n Order of Assignment 2. There is no evidence on Which court can enter “distribution” of any funds in this case lO that can include Kabateck. ll 3. There is no evidence or claim that Jones or Kabateck had any involvement in 12 plaintiff s instant case or have any lien rights against Plaintift} l3 4. Kurt Weinmeister as the CEO and representative of St. Bemardine Medical Center, a l4 a judgment debtor against whom a judgment was entered. [j]udgment party to this matter, is 15 ” debtor’ is statutorily defined as “the person against Whom a judgment is rendered.” §680.250 l6 “ ‘ [defining [j]udgment debtor’] 17 This court has no appellate jurisdiction to reverse the orders and judgment 5. 18 entered by Judge Pacheco as to interest or any other issue related to the judgment; l9 This Opposition and Request for Sanctions shall be based upon the Memorandum of 20 Points and Authorities and the Declaration of Michael J. Libman in support thereof, the 21 pleadings on file with the Court in the instant action, and all other evidence and argument which 22 may be brought properly before the Court at the hearing 0n this matter. 23 24 25 DATED: June 9, 2023 LAW OFFICES OF MICHAEL By: W fl. J. Adam: MICHAEL J. LIBMAN LIBMAN, APC. [E-Signature] 26 LORI BUSH Attorneys for 27 28 2 PLAINTIFF’S OPPOSITION TO DIGNITY HEALTH’S AND KURT WEINMEISTER’S NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER; REQUEST FOR SANCTIONS