Motion,Ex Parte: PEREZ -V- LOMA LINDA UNIVERSITY, ET AL Print

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                                Gordon   L. Dayton, Esq.,         (SBN: 208379)
     LAW OFFICES 0F GORDON L. DAYTON
     41856 Ivy   Street, Suite    214
     Murrieta,   CA 92562
     Telephone (951) 296—5303            °   Facsimile (951) 296—5319


     Attorney for   Plaintiffs,   ANTHONY L. PEREZ
              and   SANDRA        L.   PEREZ




                         IN   THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                                  COUNTY OF SAN BERNARDINO

     ANTHONY L. PEREZ, an individual, SANDRA L.                          Case N0. CIVD81913814

10   PEREZ, an individual, ANTHONY L. PEREZ,
     Successor-in-Interest t0 the            ESTATE OF JORDAN            DECLARATION OF GORDON L. DAYTON
11   LEE PEREZ,      and SANDRA L. PEREZ, Successor-                     WITH EXHIBITS IN SUPPORT OF
     in-Interest to the ESTATE OF JORDAN LEE
                                                                         PLAINTIFFS’ SECOND MOTION TO
12   PEREZ                                                               COMPEL DISCOVERY RESPONSES FROM
                                                                         DEFENDANT LOMA LINDA UNIVERSITY
13                                                   Plaintiffs,         HEALTH, AND FOR $3,150 IN MONETARY
                                                                         SANCTIONS
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                                                                         Filed Concurrently with Notice of Motion    and
                                  VS.

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                                                                         Second Motion to Compel Further Responses to
                                                                         Request for Production of Documents, Set One,
                                                                         and for $3,150   in   Monetary Sanctions.
16   LOMA LINDA UNIVERSITY HEALTH, a
     nonprofit corporation; LOMA LINDA
     UNIVERSITY MEDICAL CENTER, a nonprofit                              [California   Code of Civil Procedure (“CCP”)   §
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     corporation; LOMA LINDA UNIVERSITY                                  2030.290(b)]

18   CHILDREN'S HOSPITAL a nonprofit corporation;
      ALBERT KHERADPOUR M.D., an individual;
      CHENUE ABONGWA M.D., an individual;                                Date: June 28, 2022
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      CHELSEA L. COLLINS M.D., an individual;                            Time: 8:30 am.
      BATUL SUTERWALA M.D., an individual;                               Dept: $23
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      VENKATRAMAN SADANAND M.D., an
21    individual; ALEXANDER ZOUROS M.D, an
      individual; YUTHANA KONG, P.A., an
22    individual;   PILAR D. PICHON M.D.,              an                Trial Date:   None Assigned
                    GAMIL FTEEH M.D.,               an individual;       Action Filed:   May   6,   2019
      individual;
23    THOMAS P. BRAVO M.D., an individual;
      MARQUELLE J. KLOOSTER M.D., an
24    individual; KHYATI P. MEHTA M.D., an

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       DECLARATION OF GORDON L. DAYTON WITH EXHIBITS IN SUPPORT OF SECOND MOTION TO
                                                                                    COMPEL
          FURTHER RESPONSES TO REQUEST FOR PRODUCTION   OF DOCUMENTS  AND FOR SANCTIONS
     individual;       KIMBERLY R. ZIMMERMAN M.D.,
     an individual;      SARAH C. PETERSON M.D., an
     individual;       BESH R. BARCEGA M.D., an
     individual;       NATASHA Y. LI M.D., an individual;
     LANCE A. BROWN M.D., an individual;
     TOMMY Y. KIM M.D., an individual; ANDREA
     W. THORP M.D, an individual; DAVID RICHTER
     M.D., an individual, and DOES 2-200, inclusive,


                                                            Defendants.



                 I,   Gordon       L. Dayton, Esq., declare as follows:


                 I    am   an attorney duly licensed to practice law before             all   courts of the State of California, and


     counsel for Plaintiffs in this action. This declaration                  is   submitted in support of Plaintiff’s Motion to

10   Compel Responses, and Request                    for   Order Awarding Monetary Sanctions Against Defendant and

11   Defense Counsel in the               Sum Of $3,150.00. The        following facts are within        my personal knowledge
12   and,   if   called as a witness herein,          I   can and will competently       testify thereto.


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         On March               29, 2021, Plaintiff   ANTHONY L. PEREZ (hereinafter referred to as “A. PEREZ” 0r
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     “Propounding               Plaintiff”)   propounded and served     his first set of request for production 0f      documents

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     on defendant           LOMA LINDA UNIVERSITY HEALTH (hereinafter referred to as “LLUH” 0r “De-
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     fendant”).       Much        of this discovery has t0 do with electronic records relating t0 medical case manage-

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     ment and missing and/or deleted medical                    records. Plaintiffs sought this discovery to bolster their ar-

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     guments for punitive damages and preparation                    for trial.

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         On May            3,   2021, Defendant     LLUH submitted their responses t0 the Propounding Plaintiff. After
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     review of the responses,             Plaintiffs’ alleged that    Defendant       LLUH failed to adequately respond t0 dis—
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     covery as the responses were substantially defective, being evasive and incomplete. Additionally,
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     each of the requests for production 0f document responses interposed patently meridess evidentiary
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     objections.

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     DECLARATION OF GORDON L. DAYTON WITH EXHIBITS IN SUPPORT OF SECOND MOTION TO COMPEL
        FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND FOR SANCTIONS