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KJAR,McKENNA & STOCKALPER, LLP BERNAgg/IV BERLZLéFO
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ROBERT L. McKENNA III (SBN 166650) J UL ~
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MICHAEL R. PITTMAN (SBN 260737) 3 202
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7711 Center Avenue, Suite 350 3,,
Huntington Beach, CA 92647 JE3
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Telephone N0. (657) 237-7533 / Facsimile No. (657) 237-7534 10,4
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rmckennagflkmslegalxom / mpittman@kmsle2al.com DEPUW
Attorneys for Defendant, STEVEN ERNST, M.D.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
10
11 ALEXANDER RUIZ, CASE NO.: CIVDS 1907976
12 Plaintiff, PUBLIC-REDA CTS MA TERIAL FROM
CONDITIONALL YSEALED RECORD
13 VS.
14
DEFENDANT STEVEN ERNST, M.D.’s
SAN ANTONIO REGIONAL HOSPITAL, REDACTED NOTICE 0F APPLICATION
15
LOMA LINDA UNIVERSITY MEDICAL AND A PP L1 CA TI ON F0R
CENTER, STEVEN ERNST, M.D., NABIL DETERMINING GOOD FAITH
16
Induswe’ POINTS AND AUTHORITIES;
17 MICHAEL
DECLARATION 0F R.
Defendants.
18
PITTMAN, ESQ.
[Filed concurrently with Unredacted Notice of Settlement;
19 Unredacted Application for Good Faith Settlement
Lodged Conditionally Under Seal; Notice of Motion and
20 Motion to File Under Seal the Settlement Amount in
Defendant’s Application for Redacted Application for
21 Good Faith Settlement; Redacted Noticed of Settlement;
and [Proposed] Order]
22 ASSIGNED FOR ALL PURPOSES TO:
JUDGE: HON. JOSEPH T. ORTIZ
23 DEPARTMENT: S17
Complaint Filed: March 12, 2019
24
Trial Date: July 31, 2023
25
TO ALL PARTIES, THEIR ATTORNEYS OF RECORDS, AND THE COURT:
26
27 ///
28
1
DEFENDANT STEVEN ERNST, M.D.’S REDACTED APPLICATION FOR ORDER DETERMINING
GOOD FAITH SETTLEMENT
PLEASE TAKE NOTICE that Plaintiff ALEXANDER RUIZ (“Plaintiff’) has reached a
settlement with Defendant STEVEN ERNST, M.D. (“Settling Defendant”).
PLEASE TAKE FURTHER NOTICE that Settling Defendant hereby applies to this Court
for a determination of “good faith” of this settlement pursuant to California Code 0f Civil
OOQOLIIAUJN Procedure section 877.6(a)(2), so that any and all past, present, and/or future claims by any person
partial, 0r
or entity against Settling Defendant for equitable comparative contribution, total,
comparative indemnity contribution, or from implied contractual indemnity in connection with, or
arising out of, the circumstances which are the subject 0f this action, are forever barred.
\O Pursuant to the same section, any parties may file an opposition to contest the good faith
10 0f this settlement. The opposition must be filed within twenty-five (25) days of the mailing or
11 electronic service Where authorized of this Notice, the Application, and the Proposed Order. If no
12 opposition is filed within twenty-five (25) days, the Court may approve this settlement.
13 This Application is based on this Notice, the attached memorandum of points and
14 authorities, the declaration Michael R. Pittman, Esq., all pleadings, documents, and records on file
15 in this action, and upon such oral argument and documentary evidence as may be presented.
MCKENNA & STOCKALPER, LLP
m
16 DATED: June 21, 2023 KJAR,
17
18 By; ”MK
ROBERT L. McKENNA III
19
MICHAEL R. PITTMAN
Attorneys for Defendant
20
STEVEN ERNST, MD.
21
22
23
24
25
26
27
28
2
DEFENDANT STEVEN ERNST, M.D.’S REDACTED APPLICATION FOR ORDER DETERMINING
GOOD FAITH SETTLEMENT
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\a SUP I FI zauwfigé’umi D KJAR,McKENNA & STOCKALPER, LLP BERNAgg/IV BERLZLéFO ’VO ROBERT L. McKENNA III (SBN 166650) J UL ~ DISTngI; MICHAEL R. PITTMAN (SBN 260737) 3 202 3 7711 Center Avenue, Suite 350 3,, Huntington Beach, CA 92647 JE3 Q1 Telephone N0. (657) 237-7533 / Facsimile No. (657) 237-7534 10,4 GA ~ I £4 rmckennagflkmslegalxom / mpittman@kmsle2al.com DEPUW Attorneys for Defendant, STEVEN ERNST, M.D. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 10 11 ALEXANDER RUIZ, CASE NO.: CIVDS 1907976 12 Plaintiff, PUBLIC-REDA CTS MA TERIAL FROM CONDITIONALL YSEALED RECORD 13 VS. 14 DEFENDANT STEVEN ERNST, M.D.’s SAN ANTONIO REGIONAL HOSPITAL, REDACTED NOTICE 0F APPLICATION 15 LOMA LINDA UNIVERSITY MEDICAL AND A PP L1 CA TI ON F0R CENTER, STEVEN ERNST, M.D., NABIL DETERMINING GOOD FAITH 16 Induswe’ POINTS AND AUTHORITIES; 17 MICHAEL DECLARATION 0F R. Defendants. 18 PITTMAN, ESQ. [Filed concurrently with Unredacted Notice of Settlement; 19 Unredacted Application for Good Faith Settlement Lodged Conditionally Under Seal; Notice of Motion and 20 Motion to File Under Seal the Settlement Amount in Defendant’s Application for Redacted Application for 21 Good Faith Settlement; Redacted Noticed of Settlement; and [Proposed] Order] 22 ASSIGNED FOR ALL PURPOSES TO: JUDGE: HON. JOSEPH T. ORTIZ 23 DEPARTMENT: S17 Complaint Filed: March 12, 2019 24 Trial Date: July 31, 2023 25 TO ALL PARTIES, THEIR ATTORNEYS OF RECORDS, AND THE COURT: 26 27 /// 28 1 DEFENDANT STEVEN ERNST, M.D.’S REDACTED APPLICATION FOR ORDER DETERMINING GOOD FAITH SETTLEMENT PLEASE TAKE NOTICE that Plaintiff ALEXANDER RUIZ (“Plaintiff’) has reached a settlement with Defendant STEVEN ERNST, M.D. (“Settling Defendant”). PLEASE TAKE FURTHER NOTICE that Settling Defendant hereby applies to this Court for a determination of “good faith” of this settlement pursuant to California Code 0f Civil OOQOLIIAUJN Procedure section 877.6(a)(2), so that any and all past, present, and/or future claims by any person partial, 0r or entity against Settling Defendant for equitable comparative contribution, total, comparative indemnity contribution, or from implied contractual indemnity in connection with, or arising out of, the circumstances which are the subject 0f this action, are forever barred. \O Pursuant to the same section, any parties may file an opposition to contest the good faith 10 0f this settlement. The opposition must be filed within twenty-five (25) days of the mailing or 11 electronic service Where authorized of this Notice, the Application, and the Proposed Order. If no 12 opposition is filed within twenty-five (25) days, the Court may approve this settlement. 13 This Application is based on this Notice, the attached memorandum of points and 14 authorities, the declaration Michael R. Pittman, Esq., all pleadings, documents, and records on file 15 in this action, and upon such oral argument and documentary evidence as may be presented. MCKENNA & STOCKALPER, LLP m 16 DATED: June 21, 2023 KJAR, 17 18 By; ”MK ROBERT L. McKENNA III 19 MICHAEL R. PITTMAN Attorneys for Defendant 20 STEVEN ERNST, MD. 21 22 23 24 25 26 27 28 2 DEFENDANT STEVEN ERNST, M.D.’S REDACTED APPLICATION FOR ORDER DETERMINING GOOD FAITH SETTLEMENT