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1 ROBBONTA
Attorney General of California
2 ELIZABETH S. ANGRES
Supervising Deputy Attorney General
3 MOLLY S. MURPHY
Deputy Attorney General
4 State Bar No. 149907 Exempt from filingfee: Gov't Code section 6103
300 South Spring Street, Suite 1702
5 Los Angeles, CA 90013-1230
Telephone: (213) 269-6512
6 Fax: (916) 731-2120
E-mail: Molly.Murphy@doj.ca.gov
7 Attorneys for Defendants State of California acting
by and through the California Highway Patrol and
8 Bryan Lombardi
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF KERN
11 CIVIL DIVISION
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JOE SOLIZ, Case No. BCV-21-100676
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Plaintiff, DECLARATION OF MOLLY S.
15 MURPHY IN SUPPORT OF
v. MEMORANDUM OF COSTS
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17 CALIFORNIA HIGHWAY PATROL;
OFFICER BRYAND. LOMBARDI; HALL Dept: T-2
18 AMBULANCE; BRADLEY QUINTANA; Judge: Honorable T. Mark Smith
CHRISTINA RINI; and DOES 1 TO 25, Trial Date: 9/12/2023
19 Inclusive, Action Filed: March 30, 2021
20 Defendants.
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22 I, MOLLY S. MURPHY, DECLARE AS FOLLOWS:
23 1. I am a Deputy Attorney General of the State of California. I represent defendants
24 State of California acting by and through California Highway Patrol (CHP) and Califom.ia
25 Highway Patrol Officer Bryan Lombardi (Lombardi) in this action, and I am familiar with the
26 file. The matters stated herein are within my personal knowledge, and I could and would testify
27 thereto if called upon to do so.
28
1
Declaration of Molly S. Murphy in Support of Expert Fees (BCV-21-100676)
1 2. On behalf of the CHP and Lombardi, I served a Code of Civil Procedure section
2 998 offer on plaintiffs counsel for $15,000 on August 9, 2023. A copy of defendants' 998 offer
3 is attached as Exhibit A. The offer was not accepted.
4 3. On December 28, 2022, Defendants retained non-employee expert Greg Meyer as
5 a witness in this case. Captain Meyer was retained to consult with the defense and testify about
6 accepted police procedures in connection with DUI arrests and injured arrestees. Captain Meyer
7 testified at trial about these issues. I have reviewed the bill submitted, have approved it for
8 payment by the Department of Justice and am of the opinion that all expenses billed were
9 reasonably necessary to assist in the defense of this claim. Defendants are only seeking to
10 recover expenses incurred after August 9, 2023.
11 4. On January 3, 2023, Defendants retained non-employee expert James Lawrence
12 Pearle, M.D., as an expert in this case. Dr. Pearle was retained to consult with the defense and
13 testify about the cause of plaintiffs pneurnothorax, the treatment required for it, the level of pain
14 involved in it, the amount of time taken for it to heal, and plaintiffs current medical condition
15 and physical ability to perform manual labor. Dr. Pearle appeared at the courthouse to testify, but
16 did not testify because plaintiff withdrew his economic damages claim, including his alleged
17 physical injnries and medical expenses, just before he was scheduled to testify. The claim was
18 withdrawn too late to cancel Dr. Pearle's trial appearance fee. I have reviewed the bills
19 submitted, have approved them for payment by the Department of Justice and am of the opinion
20 that all expenses billed were reasonably necessary to assist in the defense of this claim.
21 Defendants are only seeking to recover expenses incurred after August 9, 2023.
22 5. On December 27, 2022, Defendants retained non-employee expert Ronald Kvitne,
23 M.D., as a witness in this case. Dr. Kvitne was retained to consult with the defense and testify
. 24 about the cause and extent of plaintiffs broken ribs, the level of pain involved and time it would
25 take to heal them, and plaintiffs current medical condition and physical ability to perform manual
26 labor. Dr. Kvitne did not testify at trial because plaintiff withdrew his claim for economic
27 damages, including alleged physical injuries and medical expenses, late in the trial. The claim
28 was withdrawn too late to cancel Dr. Kvitne's trial appearance fee. I have reviewed the bills
2
Declaration of Molly S. Murphy in Support of Expert Fees (BCV-21-100676)
1 submitted, have approved them for payment by the Department of Justice and am of the opinion
2 that all expenses billed were reasonably necessary to assist in the defense ofthis claim.
3 Defendants are only seeking to recover expenses incurred after August 9, 2023.
4 I declare under penalty of perjury under the laws of the State of California that the
5 foregoing is true and correct of my own knowledge, and that this declaration was executed on
6 October Lj, 2023, at Los Angeles, California.
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Declaration of Molly S. Murphy in Support of Expert Fees (BCV-21-100676)
DECLARATION OF SERVICE BY E-MAIL
Case Name: Joe Soliz v. California Highway Patrol, et al.
Case No.: BCV-21-100676
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter
On October 19, 2023, I served the attached DECLARATION OF MOLLY S. MURPHY
IN SUPPORT OF EXPERT FEES by transmitting a true copy via electronic mail:
Nichelle D. Jordan, Esq.
LAW OFFICES OF MICHAEL J. CURLS
Los Angeles, CA
E-mail Address: nichelle@mjclawoffice.com
Attorneys for Plaintiff
I declare under penalty of perjury under the laws of the State of California and the United States
of America the foregoing is true and correct and that this declaration was executed on October19,
2023, at Los Angeles, California.
Lisa Martinez
Declarant Signature
LA2021601393
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1 ROBBONTA Attorney General of California 2 ELIZABETH S. ANGRES Supervising Deputy Attorney General 3 MOLLY S. MURPHY Deputy Attorney General 4 State Bar No. 149907 Exempt from filingfee: Gov't Code section 6103 300 South Spring Street, Suite 1702 5 Los Angeles, CA 90013-1230 Telephone: (213) 269-6512 6 Fax: (916) 731-2120 E-mail: Molly.Murphy@doj.ca.gov 7 Attorneys for Defendants State of California acting by and through the California Highway Patrol and 8 Bryan Lombardi 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF KERN 11 CIVIL DIVISION 12 13 JOE SOLIZ, Case No. BCV-21-100676 14 Plaintiff, DECLARATION OF MOLLY S. 15 MURPHY IN SUPPORT OF v. MEMORANDUM OF COSTS 16 17 CALIFORNIA HIGHWAY PATROL; OFFICER BRYAND. LOMBARDI; HALL Dept: T-2 18 AMBULANCE; BRADLEY QUINTANA; Judge: Honorable T. Mark Smith CHRISTINA RINI; and DOES 1 TO 25, Trial Date: 9/12/2023 19 Inclusive, Action Filed: March 30, 2021 20 Defendants. 21 22 I, MOLLY S. MURPHY, DECLARE AS FOLLOWS: 23 1. I am a Deputy Attorney General of the State of California. I represent defendants 24 State of California acting by and through California Highway Patrol (CHP) and Califom.ia 25 Highway Patrol Officer Bryan Lombardi (Lombardi) in this action, and I am familiar with the 26 file. The matters stated herein are within my personal knowledge, and I could and would testify 27 thereto if called upon to do so. 28 1 Declaration of Molly S. Murphy in Support of Expert Fees (BCV-21-100676) 1 2. On behalf of the CHP and Lombardi, I served a Code of Civil Procedure section 2 998 offer on plaintiffs counsel for $15,000 on August 9, 2023. A copy of defendants' 998 offer 3 is attached as Exhibit A. The offer was not accepted. 4 3. On December 28, 2022, Defendants retained non-employee expert Greg Meyer as 5 a witness in this case. Captain Meyer was retained to consult with the defense and testify about 6 accepted police procedures in connection with DUI arrests and injured arrestees. Captain Meyer 7 testified at trial about these issues. I have reviewed the bill submitted, have approved it for 8 payment by the Department of Justice and am of the opinion that all expenses billed were 9 reasonably necessary to assist in the defense of this claim. Defendants are only seeking to 10 recover expenses incurred after August 9, 2023. 11 4. On January 3, 2023, Defendants retained non-employee expert James Lawrence 12 Pearle, M.D., as an expert in this case. Dr. Pearle was retained to consult with the defense and 13 testify about the cause of plaintiffs pneurnothorax, the treatment required for it, the level of pain 14 involved in it, the amount of time taken for it to heal, and plaintiffs current medical condition 15 and physical ability to perform manual labor. Dr. Pearle appeared at the courthouse to testify, but 16 did not testify because plaintiff withdrew his economic damages claim, including his alleged 17 physical injnries and medical expenses, just before he was scheduled to testify. The claim was 18 withdrawn too late to cancel Dr. Pearle's trial appearance fee. I have reviewed the bills 19 submitted, have approved them for payment by the Department of Justice and am of the opinion 20 that all expenses billed were reasonably necessary to assist in the defense of this claim. 21 Defendants are only seeking to recover expenses incurred after August 9, 2023. 22 5. On December 27, 2022, Defendants retained non-employee expert Ronald Kvitne, 23 M.D., as a witness in this case. Dr. Kvitne was retained to consult with the defense and testify . 24 about the cause and extent of plaintiffs broken ribs, the level of pain involved and time it would 25 take to heal them, and plaintiffs current medical condition and physical ability to perform manual 26 labor. Dr. Kvitne did not testify at trial because plaintiff withdrew his claim for economic 27 damages, including alleged physical injuries and medical expenses, late in the trial. The claim 28 was withdrawn too late to cancel Dr. Kvitne's trial appearance fee. I have reviewed the bills 2 Declaration of Molly S. Murphy in Support of Expert Fees (BCV-21-100676) 1 submitted, have approved them for payment by the Department of Justice and am of the opinion 2 that all expenses billed were reasonably necessary to assist in the defense ofthis claim. 3 Defendants are only seeking to recover expenses incurred after August 9, 2023. 4 I declare under penalty of perjury under the laws of the State of California that the 5 foregoing is true and correct of my own knowledge, and that this declaration was executed on 6 October Lj, 2023, at Los Angeles, California. 7 8 HY 9 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Declaration of Molly S. Murphy in Support of Expert Fees (BCV-21-100676) DECLARATION OF SERVICE BY E-MAIL Case Name: Joe Soliz v. California Highway Patrol, et al. Case No.: BCV-21-100676 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter On October 19, 2023, I served the attached DECLARATION OF MOLLY S. MURPHY IN SUPPORT OF EXPERT FEES by transmitting a true copy via electronic mail: Nichelle D. Jordan, Esq. LAW OFFICES OF MICHAEL J. CURLS Los Angeles, CA E-mail Address: nichelle@mjclawoffice.com Attorneys for Plaintiff I declare under penalty of perjury under the laws of the State of California and the United States of America the foregoing is true and correct and that this declaration was executed on October19, 2023, at Los Angeles, California. Lisa Martinez Declarant Signature LA2021601393