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1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tjlong@onick.com ENDORSED
2 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000 2018FEB 28 PH 3:1,8
3 Sacramento, CA 95814-4497
X Telephone: +1 916 447 8299 CdbnlY Uf SACRAhtHlG
D
LL.
4 Facsimile: +1 916 329 4900
5 STEPHANIE GAIL LEE (STATE BAR NO. 285379)
> Stephanie,lee@omck.com
6 ORRICK, HERRINGTON & SUTCLIFFE LLP
777 South Figueroa Sh-eet, Suite 3200
7 Los Angeles, CA 90017-5855
Telephone: +1-213-629-2020
8 Facsimile: +1-213-612-2499
9 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
10
SUPERIOR COURI' OF THE STATE OF CALIFORNIA
11
COUNTY OF SACRAMENTO
12
ANDREA SPEARS, an individual, on behalf Consolidated Case No, 34-2017-00210560-
13 of herself and on behalf of all persons similarly CU-OE-GDS
situated.
14 Plaintiff, DEFENDANT HEALTH NET OF
CALIFORNIA, INC.'S NOTICE OF
15 V. MOTION AND MOTION FOR
MONETARY SANCTIONS
16 HEALTH NET OF CALIFORNIA, INC., a
Califomia Corporation; and Does 1 through 50, Date: March 27, 2018
17 inclusive, Time: 9:00 a.m.
Dept.: 54
18 Defendants. Reservation No.
19 Complaint Filed: April 5, 2017
FAC Filed: June 29, 2017
20 Consolidated Complaint Filed: Dec. 21, 2017
21 Complaint Filed: August 1,2017
TOMAS R, ARANA, on behalf of himself all
22 others similarly situated.
23 Plaintiff
24
25 HEALTH NET OF CALIFORNIA, INC., a
Califomia corporation; and DOES 1-50,
26 inclusive.
27 Defendant.
28
DEFENDANT HEALTH NET OF CALIFORNIA. INC.'S NOTICE OF MOTION AND MOTION FOR
SANCTIONS
1 TO PLAINTIFFS AND THEIR COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that on March 27, 2018 at 9:00 a.m. or soon thereafter as may
3 be heard in Department 54 of the Superior Court of the State of Califomia, County of
4 Sacramento, Defendant Health Net of Califomia, Inc. ("Health Nef') will and hereby does move,
5 pursuant to Code of Civil Procedure section 2023.030, for monetary sanctions in the amount of
6 $5,000 against Plaintiff Andrea Spears' counsel, the attomeys of Blumenthal Nordrehaug
7 Bhowmik De Blouw LLP, for misusing the discovery process.
8 PlaintifF Spears' attomeys have engaged in an extraordinary and well-documented abuse
9 ofthe discovery process, including repeated failures to meet and confer prior to the filing of her
10 five unnecessary discovery motions. It goes without saying that these discovery motions were
11 brought without substantial justification because the issues they raised could have been resolved
12 by the meet-and-confer process. Plaintiff Spears herself conceded as much, withdrawing four of
13 these discovery motions. It has become abundantly clear that Plaintiff Spears' counsel are
14 engaging in conduct that is designed to escalate Health Net's litigation costs needlessly. In light
15 of Plaintiff Spears' counsel failure to comply with their meet-and-confer obligations, their
16 gamesmanship, and bad faith - all of which required Health Net to incur significant fees and costs
17 opposing multiple discovery motions - recovery of monetary sanctions are wananted and just to
18 deter future discovery abuses.
19 Health Net's motion for sanctions is based on this notice and motion, the accompanying
20 memorandum of points and authorities, the declaration of Stephanie Gail Lee and exhibits
21 attached thereto, the declaration of Timothy J. Long, all of which are served and filed herewith;
22 tite pleadings and other papers on file in this action; and any and all oral argument as may be
23 presented in connection with the hearing on this matter.
24 Pursuant to Local Rule 1.06 (A), the court will make a tentative mling on the merits of
25 this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative
26 mlings for the department may be downloaded from the Court's public access site. If you do not
27 have online access, you may call the dedicated phone number for the department as referenced in
28 the local telephone directory, between the hours of 2:00 p.m. and 4:00 p.m. on the court day
-1-
DEFENDANT HEALTH NET OF CALIFORNIA, INC.'S NOTICE OF MOTION AND MOTION FOR
SANCTIONS
1 before the hearing and listen to the tentative ruling. If you do not call the court and the opposing
2 party by 4:00 p.m. the court day before the hearing, no hearing will be held.
3
4 Dated: February 28, 2018 ORRICK, HERRINGTON & SUTCLIFFE LLP
5
6 ^ By: ) f \
TJMOTHyTIONG ™\
' Attorneys for Defendant )
HEALTH NET OF CAL1F0R141A
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1 TIMOTHY J. LONG (STATE BAR NO. 137591) tjlong@onick.com ENDORSED 2 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 2018FEB 28 PH 3:1,8 3 Sacramento, CA 95814-4497 X Telephone: +1 916 447 8299 CdbnlY Uf SACRAhtHlG D LL. 4 Facsimile: +1 916 329 4900 5 STEPHANIE GAIL LEE (STATE BAR NO. 285379) > Stephanie,lee@omck.com 6 ORRICK, HERRINGTON & SUTCLIFFE LLP 777 South Figueroa Sh-eet, Suite 3200 7 Los Angeles, CA 90017-5855 Telephone: +1-213-629-2020 8 Facsimile: +1-213-612-2499 9 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 10 SUPERIOR COURI' OF THE STATE OF CALIFORNIA 11 COUNTY OF SACRAMENTO 12 ANDREA SPEARS, an individual, on behalf Consolidated Case No, 34-2017-00210560- 13 of herself and on behalf of all persons similarly CU-OE-GDS situated. 14 Plaintiff, DEFENDANT HEALTH NET OF CALIFORNIA, INC.'S NOTICE OF 15 V. MOTION AND MOTION FOR MONETARY SANCTIONS 16 HEALTH NET OF CALIFORNIA, INC., a Califomia Corporation; and Does 1 through 50, Date: March 27, 2018 17 inclusive, Time: 9:00 a.m. Dept.: 54 18 Defendants. Reservation No. 19 Complaint Filed: April 5, 2017 FAC Filed: June 29, 2017 20 Consolidated Complaint Filed: Dec. 21, 2017 21 Complaint Filed: August 1,2017 TOMAS R, ARANA, on behalf of himself all 22 others similarly situated. 23 Plaintiff 24 25 HEALTH NET OF CALIFORNIA, INC., a Califomia corporation; and DOES 1-50, 26 inclusive. 27 Defendant. 28 DEFENDANT HEALTH NET OF CALIFORNIA. INC.'S NOTICE OF MOTION AND MOTION FOR SANCTIONS 1 TO PLAINTIFFS AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that on March 27, 2018 at 9:00 a.m. or soon thereafter as may 3 be heard in Department 54 of the Superior Court of the State of Califomia, County of 4 Sacramento, Defendant Health Net of Califomia, Inc. ("Health Nef') will and hereby does move, 5 pursuant to Code of Civil Procedure section 2023.030, for monetary sanctions in the amount of 6 $5,000 against Plaintiff Andrea Spears' counsel, the attomeys of Blumenthal Nordrehaug 7 Bhowmik De Blouw LLP, for misusing the discovery process. 8 PlaintifF Spears' attomeys have engaged in an extraordinary and well-documented abuse 9 ofthe discovery process, including repeated failures to meet and confer prior to the filing of her 10 five unnecessary discovery motions. It goes without saying that these discovery motions were 11 brought without substantial justification because the issues they raised could have been resolved 12 by the meet-and-confer process. Plaintiff Spears herself conceded as much, withdrawing four of 13 these discovery motions. It has become abundantly clear that Plaintiff Spears' counsel are 14 engaging in conduct that is designed to escalate Health Net's litigation costs needlessly. In light 15 of Plaintiff Spears' counsel failure to comply with their meet-and-confer obligations, their 16 gamesmanship, and bad faith - all of which required Health Net to incur significant fees and costs 17 opposing multiple discovery motions - recovery of monetary sanctions are wananted and just to 18 deter future discovery abuses. 19 Health Net's motion for sanctions is based on this notice and motion, the accompanying 20 memorandum of points and authorities, the declaration of Stephanie Gail Lee and exhibits 21 attached thereto, the declaration of Timothy J. Long, all of which are served and filed herewith; 22 tite pleadings and other papers on file in this action; and any and all oral argument as may be 23 presented in connection with the hearing on this matter. 24 Pursuant to Local Rule 1.06 (A), the court will make a tentative mling on the merits of 25 this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative 26 mlings for the department may be downloaded from the Court's public access site. If you do not 27 have online access, you may call the dedicated phone number for the department as referenced in 28 the local telephone directory, between the hours of 2:00 p.m. and 4:00 p.m. on the court day -1- DEFENDANT HEALTH NET OF CALIFORNIA, INC.'S NOTICE OF MOTION AND MOTION FOR SANCTIONS 1 before the hearing and listen to the tentative ruling. If you do not call the court and the opposing 2 party by 4:00 p.m. the court day before the hearing, no hearing will be held. 3 4 Dated: February 28, 2018 ORRICK, HERRINGTON & SUTCLIFFE LLP 5 6 ^ By: ) f \ TJMOTHyTIONG ™\ ' Attorneys for Defendant ) HEALTH NET OF CAL1F0R141A