On August 03, 2022 a
Party Statement
was filed
involving a dispute between
Musharbash, Joseph,
and
American Medical Response,
American Medical Response, Inc.,
Cutler, M.D, Aaron,
Does 2-100, Inclusive,
Does 3 -100, Inclusive,
Gibani, M.D, Siraj,
Hide-A-While,
Hide-A-While Lounge,
Musharbash, Susan,
Rancho Cucamonga Fire Protection District,
San Antonio Regional Hospital,
Young, M.D, Richard,
City Of Rancho Cucamonga,
County Of San Bernardino,
for Medical Malpractice Unlimited
in the District Court of San Bernardino County.
Preview
ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
KELLY, TROTTER & FRANZEN SAN BERNARDINO DISTRICT
MICHAEL J. TROTTER (SBN 139034)
JO LYNN VALOFF (SBN 177081) 11/28/2023 5:01 PM
111 West Ocean Boulevard, 14th Floor Jasmine Segura, DEPUTY
By:
Post Office Box 22636
Long Beach, California 90801—5636
Telephone N0. (562) 432-5855 / Facsimile N0. (562) 432-8785
mitrotter@kellvtrotter.com / ilvaloff@kellvtr0tter.com
Attorneys for Defendants, Siraj Gibani, M.D., Aaron Cutler, M.D. and Richard Young, M.D.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
10
11 JOSEPH MUSHARBASH, an individual and as CASE NO.: CIVSB22 1 71 17
Successor-in-Interest t0 the Estate of MICHAEL
12 MUSHARBASH, DECLARATION OF JO LYNN VALOFF
IN SUPPORT OF MOTION FOR
13
Plaintiffs, SUMMARY JUDGMENT AND
14 ALTERNATIVE MOTION FOR
vs. SUMMARY ADJUDICATION OF
15 DEFENDANT AARON CUTLER, M.D.
SAN ANTONIO REGIONAL HOSPITAL;
16 AMERICAN MEDICAL RESPONSE; SIRAJ [FILED CONCURRENTLY WITH NOTICE 0F
GIBANI, M.D.; AARON CUTLER,
MOTION AND MOTION FOR SUMMARY
M.D.;
17 RICHARD YOUNG, M.D.; HIDE-AWHILE- JUDGMENT AND ALTERNATIVE MOTION FOR
LOUNGE; and DOES 1- 1 00, inclusive, SUMMARY ADJUDICATION 0F DEFENDANT
18 AARON CUTLER, M.D., SEPARATE STATEMENT
0F UNDISPUTED MATERIAL FACTS;
Defendants.
19 DECLARATION 0F GEOFFREY COLBY, M.D.,
PH.D.; EVIDENCE; NOTICE 0F LODGMENT AND
20 [PROPOSED] ORDER]
21 DATE: February 14, 2024
TIME: 8:30 a.m.
22 DEPT.: Sl4
23
ASSIGNED FOR ALL PURPOSES TO:
24 JUDGE: JEFFREY R. ERICKSON
DEPARTMENT: Sl4
25
Complaint Filed: 8/5/22
Trial Date: 6/ 1 7/24
26
27 ///
28 ///
E:\l 1 1\6966-01\Pld\MSJ\CUTLER\DEC JLV.Docx 1
DECLARATION OF JO LYNN VALOFF
I, J0 Lynn Valoff, declare and state as follows:
1. I am an attorney at law duly licensed to practice law before all courts in the State
0f California, and am an associate of the law firm of Kelly, Trotter & Franzen, attorneys of record
for defendant Aaron Cutler, M.D. Ihave personal knowledge 0f all facts contained herein, except
for those matters stated upon information and belief. If called as a witness, I could and would
competently testify thereto.
2. I declare that the separately filed Evidence in support 0f the Motions for Summary
Judgment and alternative Motion for Summary Adjudication brought by defendant Aaron Cutler,
M.D. consists 0ftrue and correct copies 0f the relevant records pertaining to the care and treatment
10 0f Michael Musharbash during his hospitalization at San Antonio Regional Hospital in J_ulk
11 Auggst 2021, which are reflected below. These records were received by my office during the
12 course of this litigation. I sent copies of these referenced records to Geoffrey Colby, M.D., PhD.
13 for his review and opinions regarding the facts at issue in this case.
14 3. Attached as Exhibit A t0 the separately filed Evidence in support 0f the Motions
15 for Summary Judgment and alternative Motion for Summary Adjudication is a true and correct
16 copy of the curriculum Vitae 0f Geoffrey Colby, M.D., Ph.D.
17 4. Attached as Exhibit B t0 the separately filed Evidence in support 0f the Motions for
18 Summary Judgment and alternative Motion for Summary Adjudication is a true and correct copy
19 0f plaintiff” s Second Amended Complaint.
20 5. Attached as Exhibit C to the separately filed Evidence in support 0fthe Motions for
21 Summary Judgment and alternative Motion for Summary Adjudication are plaintiff s responses t0
22 a Request for Production of Documents propounded by Dr. Siraj Gibani, Dr. Aaron Cutler and Dr.
23 Richard Young, With sub-exhibits 0f the San Bernardino County Sheriff’s Crime Report (C-l),
24 records from the Rancho Cucamonga Fire District (C-2) and records from American Medical
25 Response (C-3).
26 6. Attached as Exhibit D to the separately filed Evidence in support 0f the Motions
27 for Summary Judgment and alternative Motion for Summary Adjudication are excerpted medical
28 records 0f Michael Musharbash from San Antonio Regional Hospital.
E:\1 1 1\6966—01\P1d\1\/1SJ\CUTLER\DEC JLV.Docx 2
DECLARATION OF JO LYNN VALOFF
Document Filed Date
November 28, 2023
Case Filing Date
August 03, 2022
Category
Medical Malpractice Unlimited
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO KELLY, TROTTER & FRANZEN SAN BERNARDINO DISTRICT MICHAEL J. TROTTER (SBN 139034) JO LYNN VALOFF (SBN 177081) 11/28/2023 5:01 PM 111 West Ocean Boulevard, 14th Floor Jasmine Segura, DEPUTY By: Post Office Box 22636 Long Beach, California 90801—5636 Telephone N0. (562) 432-5855 / Facsimile N0. (562) 432-8785 mitrotter@kellvtrotter.com / ilvaloff@kellvtr0tter.com Attorneys for Defendants, Siraj Gibani, M.D., Aaron Cutler, M.D. and Richard Young, M.D. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO 10 11 JOSEPH MUSHARBASH, an individual and as CASE NO.: CIVSB22 1 71 17 Successor-in-Interest t0 the Estate of MICHAEL 12 MUSHARBASH, DECLARATION OF JO LYNN VALOFF IN SUPPORT OF MOTION FOR 13 Plaintiffs, SUMMARY JUDGMENT AND 14 ALTERNATIVE MOTION FOR vs. SUMMARY ADJUDICATION OF 15 DEFENDANT AARON CUTLER, M.D. SAN ANTONIO REGIONAL HOSPITAL; 16 AMERICAN MEDICAL RESPONSE; SIRAJ [FILED CONCURRENTLY WITH NOTICE 0F GIBANI, M.D.; AARON CUTLER, MOTION AND MOTION FOR SUMMARY M.D.; 17 RICHARD YOUNG, M.D.; HIDE-AWHILE- JUDGMENT AND ALTERNATIVE MOTION FOR LOUNGE; and DOES 1- 1 00, inclusive, SUMMARY ADJUDICATION 0F DEFENDANT 18 AARON CUTLER, M.D., SEPARATE STATEMENT 0F UNDISPUTED MATERIAL FACTS; Defendants. 19 DECLARATION 0F GEOFFREY COLBY, M.D., PH.D.; EVIDENCE; NOTICE 0F LODGMENT AND 20 [PROPOSED] ORDER] 21 DATE: February 14, 2024 TIME: 8:30 a.m. 22 DEPT.: Sl4 23 ASSIGNED FOR ALL PURPOSES TO: 24 JUDGE: JEFFREY R. ERICKSON DEPARTMENT: Sl4 25 Complaint Filed: 8/5/22 Trial Date: 6/ 1 7/24 26 27 /// 28 /// E:\l 1 1\6966-01\Pld\MSJ\CUTLER\DEC JLV.Docx 1 DECLARATION OF JO LYNN VALOFF I, J0 Lynn Valoff, declare and state as follows: 1. I am an attorney at law duly licensed to practice law before all courts in the State 0f California, and am an associate of the law firm of Kelly, Trotter & Franzen, attorneys of record for defendant Aaron Cutler, M.D. Ihave personal knowledge 0f all facts contained herein, except for those matters stated upon information and belief. If called as a witness, I could and would competently testify thereto. 2. I declare that the separately filed Evidence in support 0f the Motions for Summary Judgment and alternative Motion for Summary Adjudication brought by defendant Aaron Cutler, M.D. consists 0ftrue and correct copies 0f the relevant records pertaining to the care and treatment 10 0f Michael Musharbash during his hospitalization at San Antonio Regional Hospital in J_ulk 11 Auggst 2021, which are reflected below. These records were received by my office during the 12 course of this litigation. I sent copies of these referenced records to Geoffrey Colby, M.D., PhD. 13 for his review and opinions regarding the facts at issue in this case. 14 3. Attached as Exhibit A t0 the separately filed Evidence in support 0f the Motions 15 for Summary Judgment and alternative Motion for Summary Adjudication is a true and correct 16 copy of the curriculum Vitae 0f Geoffrey Colby, M.D., Ph.D. 17 4. Attached as Exhibit B t0 the separately filed Evidence in support 0f the Motions for 18 Summary Judgment and alternative Motion for Summary Adjudication is a true and correct copy 19 0f plaintiff” s Second Amended Complaint. 20 5. Attached as Exhibit C to the separately filed Evidence in support 0fthe Motions for 21 Summary Judgment and alternative Motion for Summary Adjudication are plaintiff s responses t0 22 a Request for Production of Documents propounded by Dr. Siraj Gibani, Dr. Aaron Cutler and Dr. 23 Richard Young, With sub-exhibits 0f the San Bernardino County Sheriff’s Crime Report (C-l), 24 records from the Rancho Cucamonga Fire District (C-2) and records from American Medical 25 Response (C-3). 26 6. Attached as Exhibit D to the separately filed Evidence in support 0f the Motions 27 for Summary Judgment and alternative Motion for Summary Adjudication are excerpted medical 28 records 0f Michael Musharbash from San Antonio Regional Hospital. E:\1 1 1\6966—01\P1d\1\/1SJ\CUTLER\DEC JLV.Docx 2 DECLARATION OF JO LYNN VALOFF