Preview
ELECTRONICALLY FILED
Michele Ballard Miller (SBN 104198) SUPERIOR COURT OF CALIFORNIA
mbmiller@cozen.com COUNTY OF SAN BERNARDINO
Janine S. Simerly (SBN 102361)
SAN BERNARDINO DISTRICT
jsimerly@cozen.com 1/31/2024 11:47 AM
Ethan Chemin (SBN 273906)
echernin @cozen. com By: Aradelsi Rizo, DEPUTY
H. Sarah Fan (SBN 328282)
hfan@cozen.com
COZEN O'CONNOR
401 Wilshire Boulevard, Suite 850
Santa Monica, California 90401
Telephone: 3 10.393.4000
Facsimile: 3 10.394.4700
Attorneys for Defendants
KAISER FOUNDATION HOSPITALS, KAISER
FOUNDATION HEALTH PLAN, INC.,
SOUTHERN CALIFORNIA PERMANENTE
10 MEDICAL GROUP, and TAWNA BRUUN
11
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
850
CONNOR
SUITE
90401
13 COUNTY OF SAN BERNARDINO
CA
BOULEVARD,
O’ MONICA,
14
COZEN WILSHIRE
SANTA
15 ESPERANZA PEREZ, Case N0.: CIVD81920836
401
Plaintiff,
16 [Assigned to the Hon. Thomas S. Garza,
Dept. 827]
VS.
17
KAISER FOUNDATION HOSPITALS, a DECLARATION OF ETHAN CHERNIN
18
California Corporation; KAISER IN SUPPORT OF DEFENDANT KAISER
FOUNDATION HEALTH PLAN, INC., a FOUNDATION HOSPITALS’S MOTION
19
California Corporation; and SOUTHERN TO COMPEL DEPOSITION OF
CALIFORNIA PERMANENTE MEDICAL JENNIFER PEREZ
20
GROUP, INC., a California Corporation;
21 TAWNA BRUUN, an Individual; and DOES 1 Date: February 26, 2024
through 50, Inclusive, , Time: 8:30 a.m.
22 Place: Dept. $27
Defendants.
23 Action Filed: March 20, 2019
Trial Date: March 11, 2024
24
25
26
27
28
LEGAL\43735341\1 1
DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANT’S
MOTION TO COMPEL DEPOSITION OF JENNIFER PEREZ - CASE NO. CIVDS1920836
LEGAL\68229052\1
I, Ethan Chemin, declare:
1. I am an attorney at law licensed t0 practice before all courts of the State of California
and before this Court. I am a member 0f the law firm Cozen O'Connor, and am one 0f the attorneys
0f record for Defendant Kaiser Foundation Hospitals (“KPH”), Kaiser Foundation Health Plan, 1110.,
Southern California Permanente Medical Group, and Tawna Bruun (collectively “Defendants”), in
the above-captioned matter.
2. Ihave personal knowledge 0f the matters contained in this declaration, and if called
t0 do so, can testify competently t0 the same.
3. True and correct excerpts 0f Plaintiffs responses t0 KFH’s first set of Special
10 Interrogatories, dated September 28, 2023, is attached here as Exhibit A.
11 4. On January 9, 2024, my office served Plaintiff’s counsel, Twila White, with
12 subpoenas for the depositions of Christian Perez (“Christian”), Johanna Ramirez Perez (“Johanna”),
850
CONNOR
SUITE
90401
13 and Jennifer Perez (“Jennifer”), scheduling their depositions for January 25, 2024. A true and
CA
BOULEVARD,
O’ MONICA,
14 correct copy of the subpoena for Jennifer’s deposition is attached here as Exhibit B.
COZEN WILSHIRE
SANTA
15 5. On January 23, 2024, despite having received no objections to the subpoena, I sent
401
16 Ms. White an email asking that she confirm that Christian, Johanna, and Jennifer would be appearing
17 for their depositions. Prior to this date, Ms. White had not objected to the deposition subpoenas,
18 nor had she made any indication that she or the deponents were not available. A true and correct
19 copy 0f my email correspondence chain With Ms. White meeting and conferring regarding these
20 depositions, last dated January 23, 2024, is attached here as Exhibit C. Ms. White did not respond
21 to my request for her t0 provide a date for their depositions.
22 6. To preserve its rights, KFH went forward with the depositions on January 25, 2024
23 and entered notices of non-appearance. A true and correct copy of the Certificate ofNonappearance
24 0f Witness for the Jennifer’s deposition, dated January 26, 2024, is attached here as Exhibit D.
25 7. In the days thereafter, I continued to meet and confer With Ms. White regarding these
26 depositions. A true and correct copy of my office’s email correspondence chain with Ms. White,
27 last dated January 29, 2024, is attached here as Exhibit E. To date, Ms. White has yet t0 provide
28 dates for Jennifer’s deposition.
LEGAL\43735341\1 2
DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANT’S
MOTION TO COMPEL DEPOSITION OF JENNIFER PEREZ - CASE NO. CIVDS1920836
LEGAL\68229052\1
Preview
ELECTRONICALLY FILED Michele Ballard Miller (SBN 104198) SUPERIOR COURT OF CALIFORNIA mbmiller@cozen.com COUNTY OF SAN BERNARDINO Janine S. Simerly (SBN 102361) SAN BERNARDINO DISTRICT jsimerly@cozen.com 1/31/2024 11:47 AM Ethan Chemin (SBN 273906) echernin @cozen. com By: Aradelsi Rizo, DEPUTY H. Sarah Fan (SBN 328282) hfan@cozen.com COZEN O'CONNOR 401 Wilshire Boulevard, Suite 850 Santa Monica, California 90401 Telephone: 3 10.393.4000 Facsimile: 3 10.394.4700 Attorneys for Defendants KAISER FOUNDATION HOSPITALS, KAISER FOUNDATION HEALTH PLAN, INC., SOUTHERN CALIFORNIA PERMANENTE 10 MEDICAL GROUP, and TAWNA BRUUN 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 850 CONNOR SUITE 90401 13 COUNTY OF SAN BERNARDINO CA BOULEVARD, O’ MONICA, 14 COZEN WILSHIRE SANTA 15 ESPERANZA PEREZ, Case N0.: CIVD81920836 401 Plaintiff, 16 [Assigned to the Hon. Thomas S. Garza, Dept. 827] VS. 17 KAISER FOUNDATION HOSPITALS, a DECLARATION OF ETHAN CHERNIN 18 California Corporation; KAISER IN SUPPORT OF DEFENDANT KAISER FOUNDATION HEALTH PLAN, INC., a FOUNDATION HOSPITALS’S MOTION 19 California Corporation; and SOUTHERN TO COMPEL DEPOSITION OF CALIFORNIA PERMANENTE MEDICAL JENNIFER PEREZ 20 GROUP, INC., a California Corporation; 21 TAWNA BRUUN, an Individual; and DOES 1 Date: February 26, 2024 through 50, Inclusive, , Time: 8:30 a.m. 22 Place: Dept. $27 Defendants. 23 Action Filed: March 20, 2019 Trial Date: March 11, 2024 24 25 26 27 28 LEGAL\43735341\1 1 DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL DEPOSITION OF JENNIFER PEREZ - CASE NO. CIVDS1920836 LEGAL\68229052\1 I, Ethan Chemin, declare: 1. I am an attorney at law licensed t0 practice before all courts of the State of California and before this Court. I am a member 0f the law firm Cozen O'Connor, and am one 0f the attorneys 0f record for Defendant Kaiser Foundation Hospitals (“KPH”), Kaiser Foundation Health Plan, 1110., Southern California Permanente Medical Group, and Tawna Bruun (collectively “Defendants”), in the above-captioned matter. 2. Ihave personal knowledge 0f the matters contained in this declaration, and if called t0 do so, can testify competently t0 the same. 3. True and correct excerpts 0f Plaintiffs responses t0 KFH’s first set of Special 10 Interrogatories, dated September 28, 2023, is attached here as Exhibit A. 11 4. On January 9, 2024, my office served Plaintiff’s counsel, Twila White, with 12 subpoenas for the depositions of Christian Perez (“Christian”), Johanna Ramirez Perez (“Johanna”), 850 CONNOR SUITE 90401 13 and Jennifer Perez (“Jennifer”), scheduling their depositions for January 25, 2024. A true and CA BOULEVARD, O’ MONICA, 14 correct copy of the subpoena for Jennifer’s deposition is attached here as Exhibit B. COZEN WILSHIRE SANTA 15 5. On January 23, 2024, despite having received no objections to the subpoena, I sent 401 16 Ms. White an email asking that she confirm that Christian, Johanna, and Jennifer would be appearing 17 for their depositions. Prior to this date, Ms. White had not objected to the deposition subpoenas, 18 nor had she made any indication that she or the deponents were not available. A true and correct 19 copy 0f my email correspondence chain With Ms. White meeting and conferring regarding these 20 depositions, last dated January 23, 2024, is attached here as Exhibit C. Ms. White did not respond 21 to my request for her t0 provide a date for their depositions. 22 6. To preserve its rights, KFH went forward with the depositions on January 25, 2024 23 and entered notices of non-appearance. A true and correct copy of the Certificate ofNonappearance 24 0f Witness for the Jennifer’s deposition, dated January 26, 2024, is attached here as Exhibit D. 25 7. In the days thereafter, I continued to meet and confer With Ms. White regarding these 26 depositions. A true and correct copy of my office’s email correspondence chain with Ms. White, 27 last dated January 29, 2024, is attached here as Exhibit E. To date, Ms. White has yet t0 provide 28 dates for Jennifer’s deposition. LEGAL\43735341\1 2 DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL DEPOSITION OF JENNIFER PEREZ - CASE NO. CIVDS1920836 LEGAL\68229052\1