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A Michele Ballard Miller (SBN 104198) F L EI
SUPERIOR COURT 0F CALIFORNIA
D
mbmiller@cozen.com coumv 0F SAN BERNAnDcNo
Ethan W. Chemin (SBN) 273906 SAN BERNARDINO onsmncr
echernin @cozen. com
COZEN O'CONNOR JUL 26 2023
401 Wilshire Boulevard, Suite 850
Santa Monica, California 90401
Telephone: 3 10.393.4000
Facsimile: 310.394.4700
BY: fiergio Villanuevéa. Deputy
O(DmNGU'l-hwk)
Attorneys for Defendants
KAISER FOUNDATION HOSPITALS, KAISER
FOUNDATION HEALTH PLAN, INC,
SOUTHERN CALIFORNIA PERMANENTE
MEDICAL GROUP, and TAWNA BRUUN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
90401
ESPERANZA PEREZ, Case N0.: CIVDSl920836
BOULEVARD
O'CONNOR
0A
asu
Plaintiff,
WILSMRE
Suns Menu.
[Assigned to the Hon. Hon. Thomas S Garza,
COZEN
Dept. S27]
‘01 Sum vs.
KAISER FOUNDATION HOSPITALS, a DECLARATION OF ETHAN CHERNIN
California Corporation; KAISER IN SUPPORT OF DEFENDANT KAISER
FOUNDATION HEALTH PLAN, INC., a FOUNDATION HOSPITALS’S MOTION
California Corporation; and SOUTHERN TO COMPEL RESPONSESTWITHOUT
CALIFORNIA PERMANENTE MEDICAL OBJECTIONS, TO REQUESTS FORV
GROUP, INC., a California Corporation; PRODUCTION OF DOCUMENTS, SET
TAWNA BRUUN, an Individual; and DOES 1
NO. 2; REQUEST FOR MONETARY'
through 50, Inclusive, ,
SANCTIONS AGAINST PLAINTIFF AND
HER COUNSEL IN THE SUM OF
Defendants. $1,508.20
Date: November 8, 2023
Time: 8:30 a.m.
Dept: $27
Action Filed: March 20, 2019
Trial Date: September 1 1, 2023
LEGAL\43735341\1
DECLARATION ISO MOTION TO COMPEL RESPONSES, WITHOUT OBJECTIONS, TO REQUESTS
FOR PRODUCTION, SET NO. 2; REQUEST FOR MONETARY SANCTIONS - CASE NO. CIVDS1920836
LEGAL\65008685\1
A I, Ethan Chemin, declare:
1. I am an attorney at law licensed to practice before all courts ofthe State of California
and before this Court. I am a member ofthe law firm Cozen O'Connor, and am one 0f the attorneys
ofrecord for Defendant Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Southern
California Permanente Medical Group, and Tawna Bruun (collectively “Defendants”), in the above-
OCDWNODU'IAOJN captioned matter.
2. I have personal knowledge of the matters contained in this declaration, and if called
to d0 so, can testify competently to the same.
3. On June 2, 2023, Plaintiff‘s counsel, Twila White, indicated that she never received
a copy 0f the Court’s ruling 0n the MSJ, despite the copy my office served on her Via email. Ms.
A
White also previously claimed that she never received email correspondence from the deposition
A A
officer engaged by Defendants with respect to their subpoenas.
_\
N
4. To ensure that Ms. White would receive a copy of Defendant Kaiser Foundation
90401
_\ Q)
BOULEVARD
O’CONNOR
850
CA Hospitals’s (“KFH”) propounded Special Interrogatories, Set 1, and Requests for Production of
Suns
MONICA. .A
A
office served these discovery requests by overnight mail, with tracking, 0n
WILSHIRE
COZEN
SANTA
Documents, Set 2, my
401 U'l
A
Ms. White’s office at the address listed on Plaintiff’s caption: 2615 Pacific Coast Highway, Suite
A O7
325, Hermosa Beach, California 90254. A true and correct copy of the FedEx overnight mail slip
A N
and proof of delivery of documents to Ms. White are attached here as Exhibit A. At no time did
_\
m
Ms. White indicate to me that she was no longer receiving service at that address, nor did she file a
_\
CO
Notice of Change ofAddress with the Court reflecting a new address. (See Pl. Notice of Change of
NO Address, filed 1/19/21, reflecting Ms. White’s Hermosa Beach address.)
NA 5. Plaintiff’s responses to KFH’s propounded discovery requests were due 0n July 6,
NN 2023. Plaintiff failed to respond, and did not reach out on or before July 6, 2023 to request an
N (JO
extension. To date, KFH has not received Plaintiffs discovery responses.
NA 6. On July 10, 2023, I followed up with Ms. White regarding Plaintiff’s responses to
N U1 the propounded discovery. A true and correct copy of excerpts of the email correspondence chain
N O) with Ms. White 0n this subject are attached here as Exhibit B. To date, Plaintiff has not served any
responses to KFH’s first set of Special Interrogatories, and has refused t0 do so.
MN mfl
LEGAL\43735341\1 2
DECLARATION ISO MOTION TO COMPEL RESPONSES, WITHOUT OBJECTIONS, TO REQUESTS
FOR PRODUCTION, SET NO. 2; REQUEST FOR MONETARY SANCTIONS - CASE NO. CIVDS1920836
LEGAL\65008685\1
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A Michele Ballard Miller (SBN 104198) F L EI SUPERIOR COURT 0F CALIFORNIA D mbmiller@cozen.com coumv 0F SAN BERNAnDcNo Ethan W. Chemin (SBN) 273906 SAN BERNARDINO onsmncr echernin @cozen. com COZEN O'CONNOR JUL 26 2023 401 Wilshire Boulevard, Suite 850 Santa Monica, California 90401 Telephone: 3 10.393.4000 Facsimile: 310.394.4700 BY: fiergio Villanuevéa. Deputy O(DmNGU'l-hwk) Attorneys for Defendants KAISER FOUNDATION HOSPITALS, KAISER FOUNDATION HEALTH PLAN, INC, SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, and TAWNA BRUUN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 90401 ESPERANZA PEREZ, Case N0.: CIVDSl920836 BOULEVARD O'CONNOR 0A asu Plaintiff, WILSMRE Suns Menu. [Assigned to the Hon. Hon. Thomas S Garza, COZEN Dept. S27] ‘01 Sum vs. KAISER FOUNDATION HOSPITALS, a DECLARATION OF ETHAN CHERNIN California Corporation; KAISER IN SUPPORT OF DEFENDANT KAISER FOUNDATION HEALTH PLAN, INC., a FOUNDATION HOSPITALS’S MOTION California Corporation; and SOUTHERN TO COMPEL RESPONSESTWITHOUT CALIFORNIA PERMANENTE MEDICAL OBJECTIONS, TO REQUESTS FORV GROUP, INC., a California Corporation; PRODUCTION OF DOCUMENTS, SET TAWNA BRUUN, an Individual; and DOES 1 NO. 2; REQUEST FOR MONETARY' through 50, Inclusive, , SANCTIONS AGAINST PLAINTIFF AND HER COUNSEL IN THE SUM OF Defendants. $1,508.20 Date: November 8, 2023 Time: 8:30 a.m. Dept: $27 Action Filed: March 20, 2019 Trial Date: September 1 1, 2023 LEGAL\43735341\1 DECLARATION ISO MOTION TO COMPEL RESPONSES, WITHOUT OBJECTIONS, TO REQUESTS FOR PRODUCTION, SET NO. 2; REQUEST FOR MONETARY SANCTIONS - CASE NO. CIVDS1920836 LEGAL\65008685\1 A I, Ethan Chemin, declare: 1. I am an attorney at law licensed to practice before all courts ofthe State of California and before this Court. I am a member ofthe law firm Cozen O'Connor, and am one 0f the attorneys ofrecord for Defendant Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Southern California Permanente Medical Group, and Tawna Bruun (collectively “Defendants”), in the above- OCDWNODU'IAOJN captioned matter. 2. I have personal knowledge of the matters contained in this declaration, and if called to d0 so, can testify competently to the same. 3. On June 2, 2023, Plaintiff‘s counsel, Twila White, indicated that she never received a copy 0f the Court’s ruling 0n the MSJ, despite the copy my office served on her Via email. Ms. A White also previously claimed that she never received email correspondence from the deposition A A officer engaged by Defendants with respect to their subpoenas. _\ N 4. To ensure that Ms. White would receive a copy of Defendant Kaiser Foundation 90401 _\ Q) BOULEVARD O’CONNOR 850 CA Hospitals’s (“KFH”) propounded Special Interrogatories, Set 1, and Requests for Production of Suns MONICA. .A A office served these discovery requests by overnight mail, with tracking, 0n WILSHIRE COZEN SANTA Documents, Set 2, my 401 U'l A Ms. White’s office at the address listed on Plaintiff’s caption: 2615 Pacific Coast Highway, Suite A O7 325, Hermosa Beach, California 90254. A true and correct copy of the FedEx overnight mail slip A N and proof of delivery of documents to Ms. White are attached here as Exhibit A. At no time did _\ m Ms. White indicate to me that she was no longer receiving service at that address, nor did she file a _\ CO Notice of Change ofAddress with the Court reflecting a new address. (See Pl. Notice of Change of NO Address, filed 1/19/21, reflecting Ms. White’s Hermosa Beach address.) NA 5. Plaintiff’s responses to KFH’s propounded discovery requests were due 0n July 6, NN 2023. Plaintiff failed to respond, and did not reach out on or before July 6, 2023 to request an N (JO extension. To date, KFH has not received Plaintiffs discovery responses. NA 6. On July 10, 2023, I followed up with Ms. White regarding Plaintiff’s responses to N U1 the propounded discovery. A true and correct copy of excerpts of the email correspondence chain N O) with Ms. White 0n this subject are attached here as Exhibit B. To date, Plaintiff has not served any responses to KFH’s first set of Special Interrogatories, and has refused t0 do so. MN mfl LEGAL\43735341\1 2 DECLARATION ISO MOTION TO COMPEL RESPONSES, WITHOUT OBJECTIONS, TO REQUESTS FOR PRODUCTION, SET NO. 2; REQUEST FOR MONETARY SANCTIONS - CASE NO. CIVDS1920836 LEGAL\65008685\1