On May 03, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Chapman, Linda A,
and
Does 1-100,
Dr. Faith Lee-Jackson,
Lee-Jackson M.D., Faith,
for Medical Malpractice Unlimited
in the District Court of San Bernardino County.
Preview
LEWIS BRISBOIS BISGAARD & SMITH LLP
GREGORY G. LYNCH, SB# 119996
E-Mail: Greg.Lynch@lewisbrisbois.com D
SUPERJOR COURT OF CAL|FORN|A
633 West 5 Street, Suite 4000 COUNTY OF SAN BERNARDINO
Los Angeles, California 90071 SAN BERNkaNO DISTRICT
Telephone: 213.250.1800
Facsimile: 213.250.7900 JAN 1 0 2022
LEWIS BRISBOIS BISGAARD & SMITH LLP
’
f? '
’
BY
\OOOQOUIAUJNH
LEE M. THIES, SB # 129104
CHRIS GOLDSTEIN,
E-Mail: Lee.Thies@lewisbrisbois.com DEPUW
650 Town Center Drive, Suite 1400
Costa Mesa, CA 92622
Telephone: 714.545.9200
Facsimile: 714.850.1030
Attorneys for Defendant, FAITH LEE-
JACKSON, MD. (sued herein as Dr. Faith Lee-
Jackson)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT
LINDA A. CHAPMAN, Case No. CIVSB21 10756
Plaintiff, DECLARATION 0F LEE M. THIEs
PURSUANT T0 CODE 0F CIVIL
NNNNNNNNNHt—It—‘r—AHr—Ir—Ar—tr—tu—t
vs. PROCEDURE §§ 430.41 AND 435.5 RE
DEMURRER AND MOTION T0 STRIKE
DR. FAITH LEE-JACKSON; and DOES ONE 0F DEFENDANT FAITH LEE-JACKSON,
through ONE HUNDRED, inclusive, To PLAINTIFFS’ (FIRST)
M.D.
OOQQM-PWNHCCOOQQm-hWNi-‘O
AMENDED COMPLAINT
Defendants.
[Demurrer and Motion to Strike Filed
Concurrently]
DATE: March 1, 2022
TIME: 9:00 a.m.
DEPT.: S30
RESERVATION DATE: January 6, 2022
Assigned for A11 Pre-Trial Purposes to:
Hon. Brian S. McCarville, Dept. S30
Action Filed: 05/03/2021
FSC Date: None Set
Trial Date: None Set
LEWIS 4861-7286-0937.1 1
BRISBOIs DECLARATION OF LEE M. THIES PURSUANT TO CODE OF CIVIL PROCEDURE §§ 430.41 AND 435.5VRE
BISGAARD
asmmup DEMURRER AND MOTION TO STRIKE OF DEFENDANT FAITH LEE—JACKSON, M.D. TO PLAINTIFFS’
ATIORNEVS Al LAW (FIRST) AMENDED COMPLAINT
I, LEE M. THIES, declare that if called as a witness, I can and would competently testify
to the following of which I have personal knowledge:
1. I am an attorney at law duly admitted to practice before all the courts in the State of
California. I am a partner in the law firm of Lewis Brisbois Bisgaard & Smith LLP attorneys 0f
\OWNQm-PUJNv—I
record for defendant Faith Lee-Jackson, M.D. (sued as Dr. Faith Lee-Jackson). I make this
declaration pursuant to Code of Civil Procedure sections 430.41 and 435.5.
2. On Friday, January 7, 2022, Steven W. Bun of the Law Offices of Steven W. Burt,
and I engaged in a telephonic conversation regarding the second cause of action for fraudulent
misrepresentation and the claim of punitive damages related thereto as set forth in plaintiffs (first)
amended complaint for medical malpractice. We discussed whether or not the cause of action was
properly alleged and whether the allegations of the complaint supported the claim for fraudulent
misrepresentation and punitive damages. I argued that the cause of action and the claim for
fraudulent misrepresentation and punitive damages were not stated. Mr. Burt disagreed, arguing
that the cause of action and the claims are stated. Because we could not agree on these issues it is
necessary for the court to rule on whether the second cause of action for fraudulent
misrepresentation and punitive damages is stated.
declare under penalty of perjury under the laws of the State of California that the
NNNNNNNNNb—‘r—tr—Ar—A—Ar—Ar—Ar—tr—tp—n
I
foregoing is true and correct. Executed on January 7, 2022.
WQQMAWNflowmflam-thh-‘O
Lee M. Thies
LEWIS 4861-7286—0931] 2
BRISBOIS DECLARATION OF LEE M. THIES PURSUANT TO CODE OF CIVIL PROCEDURE §§ 430,41 AND 435.5 RE
BISGAARD
&SMIHLLP DEMURRER AND MOTION TO STRIKE OF DEFENDANT FAITH LEE-JACKSON, M.D. TO PLAINTIFFS’
ATIOHNEVS N LAW (FIRST) AMENDED COMPLAINT
Document Filed Date
January 10, 2022
Case Filing Date
May 03, 2021
Category
Medical Malpractice Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
LEWIS BRISBOIS BISGAARD & SMITH LLP GREGORY G. LYNCH, SB# 119996 E-Mail: Greg.Lynch@lewisbrisbois.com D SUPERJOR COURT OF CAL|FORN|A 633 West 5 Street, Suite 4000 COUNTY OF SAN BERNARDINO Los Angeles, California 90071 SAN BERNkaNO DISTRICT Telephone: 213.250.1800 Facsimile: 213.250.7900 JAN 1 0 2022 LEWIS BRISBOIS BISGAARD & SMITH LLP ’ f? ' ’ BY \OOOQOUIAUJNH LEE M. THIES, SB # 129104 CHRIS GOLDSTEIN, E-Mail: Lee.Thies@lewisbrisbois.com DEPUW 650 Town Center Drive, Suite 1400 Costa Mesa, CA 92622 Telephone: 714.545.9200 Facsimile: 714.850.1030 Attorneys for Defendant, FAITH LEE- JACKSON, MD. (sued herein as Dr. Faith Lee- Jackson) SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT LINDA A. CHAPMAN, Case No. CIVSB21 10756 Plaintiff, DECLARATION 0F LEE M. THIEs PURSUANT T0 CODE 0F CIVIL NNNNNNNNNHt—It—‘r—AHr—Ir—Ar—tr—tu—t vs. PROCEDURE §§ 430.41 AND 435.5 RE DEMURRER AND MOTION T0 STRIKE DR. FAITH LEE-JACKSON; and DOES ONE 0F DEFENDANT FAITH LEE-JACKSON, through ONE HUNDRED, inclusive, To PLAINTIFFS’ (FIRST) M.D. OOQQM-PWNHCCOOQQm-hWNi-‘O AMENDED COMPLAINT Defendants. [Demurrer and Motion to Strike Filed Concurrently] DATE: March 1, 2022 TIME: 9:00 a.m. DEPT.: S30 RESERVATION DATE: January 6, 2022 Assigned for A11 Pre-Trial Purposes to: Hon. Brian S. McCarville, Dept. S30 Action Filed: 05/03/2021 FSC Date: None Set Trial Date: None Set LEWIS 4861-7286-0937.1 1 BRISBOIs DECLARATION OF LEE M. THIES PURSUANT TO CODE OF CIVIL PROCEDURE §§ 430.41 AND 435.5VRE BISGAARD asmmup DEMURRER AND MOTION TO STRIKE OF DEFENDANT FAITH LEE—JACKSON, M.D. TO PLAINTIFFS’ ATIORNEVS Al LAW (FIRST) AMENDED COMPLAINT I, LEE M. THIES, declare that if called as a witness, I can and would competently testify to the following of which I have personal knowledge: 1. I am an attorney at law duly admitted to practice before all the courts in the State of California. I am a partner in the law firm of Lewis Brisbois Bisgaard & Smith LLP attorneys 0f \OWNQm-PUJNv—I record for defendant Faith Lee-Jackson, M.D. (sued as Dr. Faith Lee-Jackson). I make this declaration pursuant to Code of Civil Procedure sections 430.41 and 435.5. 2. On Friday, January 7, 2022, Steven W. Bun of the Law Offices of Steven W. Burt, and I engaged in a telephonic conversation regarding the second cause of action for fraudulent misrepresentation and the claim of punitive damages related thereto as set forth in plaintiffs (first) amended complaint for medical malpractice. We discussed whether or not the cause of action was properly alleged and whether the allegations of the complaint supported the claim for fraudulent misrepresentation and punitive damages. I argued that the cause of action and the claim for fraudulent misrepresentation and punitive damages were not stated. Mr. Burt disagreed, arguing that the cause of action and the claims are stated. Because we could not agree on these issues it is necessary for the court to rule on whether the second cause of action for fraudulent misrepresentation and punitive damages is stated. declare under penalty of perjury under the laws of the State of California that the NNNNNNNNNb—‘r—tr—Ar—A—Ar—Ar—Ar—tr—tp—n I foregoing is true and correct. Executed on January 7, 2022. WQQMAWNflowmflam-thh-‘O Lee M. Thies LEWIS 4861-7286—0931] 2 BRISBOIS DECLARATION OF LEE M. THIES PURSUANT TO CODE OF CIVIL PROCEDURE §§ 430,41 AND 435.5 RE BISGAARD &SMIHLLP DEMURRER AND MOTION TO STRIKE OF DEFENDANT FAITH LEE-JACKSON, M.D. TO PLAINTIFFS’ ATIOHNEVS N LAW (FIRST) AMENDED COMPLAINT