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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
A Michele Ballard Miller (SBN 104198) COUNTY OF SAN BERNARDINO
mbmiller@cozen. com SAN BERNARDINO DISTRICT
Ethan W. Chemin (SBN) 273906
echernin@cozen.com 3/4/2024 12:44 PM
COZEN O'CONNOR By: Betty Davidson, DEPUTY
401 Wilshire Boulevard, Suite 850
Santa Monica, California 90401
Telephone: 3 1 0.393 .4000
Facsimile: 3 1 0.394.4700
OQOONOUU‘l-POON
Attorneys for Defendants
KAISER FOUNDATION HOSPITALS, KAISER
FOUNDATION HEALTH PLAN, INC.,
SOUTHERN CALIFORNIA PERMANENTE
MEDICAL GROUP, and TAWNA BRUUN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
90401
ESPERANZA PEREZ, Case No.: CIVDS 1 920836
CONNOR
BOULEVARD
CA
850
Plaintiff,
O’
WILSHIRE
SUITE
MONICA.
[Assigned to the Hon. Hon. Thomas S Garza,
COZEN
SANTA
Dept. $27]
401 VS.
KAISER FOUNDATION HOSPITALS, a DECLARATION OF ETHAN CHERNIN
California Corporation; KAISER IN SUPPORT OF DEFENDANTS’
FOUNDATION HEALTH PLAN, INC., a OPPOSITION TO PLAINTIFF’S EX
California Corporation; and SOUTHERN PARTE APPLICATION TO ADVANCE
CALIFORNIA PERMANENTE MEDICAL HEARING DATE FOR PLAINTIFF’S
GROUP, INC., a California Corporation; MOTION TO HAVE THE COURT
TAWNA BRUUN, an Individual; and DOES 1
RECONSIDER SUMMARY
through 50, Inclusive, ,
ADJUDICATION
Defendants. Date: March 5, 2024
Time: 8:30 am.
Dept: $27
Action Filed: March 20, 2019
Trial Date: March 11, 2024
LEGAL\64951 280\1
DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO
PLAINTIFF’S EX PARTE APPLICATION TO ADVANCE HEARING DATE FOR PLAINTIFF’S MOTION
TO HAVE THE COURT RECONSIDER SUMMARY ADJUDICATION - CASE NO. CIVDS1920836
A I, Ethan Chemin, declare:
1. I am an attorney at law licensed t0 practice before all courts of the State 0f California
and before this Court. I am a member 0f the law firm Cozen O'Connor, and am one of the attorneys
0f record for Defendant Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Southern
California Permanente Medical Group, and Tawna Bruun (collectively “Defendants”), in the above-
OQOONOUU‘l-POON
captioned matter.
2. I make this declaration in support 0f Defendants’ Opposition t0 Plaintiff Esperanza
Perez’s (“Plaintiff”) Ex Parte Application to Advance Hearing Date For Plaintiff s Motion t0 Have
The Court Reconsider Summary Adjudication (“Ex Parte Application”). I have personal knowledge
0f the matters contained in this declaration, and if called t0 d0 s0, can testify competently t0 the
same.
3. On July 21, 2022, the Court issued its tentative ruling granting in part, and denying
CONNOR
BOULEVARD
90401
in part, Defendants’ Motion for Summary Judgment 0r, in the Alternative, Summary Adjudication
CA
850
O’
WILSHIRE
SUITE
MONICA.
(“MSJ”). A true and correct copy 0f the Court’s tentative ruling is attached hereto as Exhibit A.
COZEN
SANTA
401
On September 16, 2022, the Court issued a Minute Order adopting this tentative ruling as the order
0f the Court, and directed Defendants to prepare an order reflecting the Court’s decision. A true
and correct copy 0f the Court’s Minute Order is attached hereto as Exhibit B.
4. On October 6, 2022, Defendants prepared and submitted t0 the Court a Proposed
Order reflecting the Court’s ruling 0n Defendants’ MSJ, and served a copy 0n Plaintiff. A true and
correct copy 0f Defendants’ Proposed Order is attached here as Exhibit C.
5. On November 1, 2022, the Court entered Defendants’ Proposed Order as the Order
0fthe Court on Defendants’ MSJ (“Order”). A true and correct copy 0fthe Court’s Order is attached
here as Exhibit D. I was under the impression that a copy 0fthe Court’s Order was sent to Plaintiff s
counsel.
6. I sent a copy 0f the Court’s Order t0 Plaintiff’s counsel, Twila White, 0n June 2,
2023. A true and correct copy 0f my email correspondence t0 Ms. White, attaching the Court’s
Order, is attached here as Exhibit E.
///
LEGAL\64951280\1 2
DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO
PLAINTIFF’S EX PARTE APPLICATION TO ADVANCE HEARING DATE FOR PLAINTIFF’S MOTION
TO HAVE THE COURT RECONSIDER SUMMARY ADJUDICATION - CASE NO. CIVDSl920836
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA A Michele Ballard Miller (SBN 104198) COUNTY OF SAN BERNARDINO mbmiller@cozen. com SAN BERNARDINO DISTRICT Ethan W. Chemin (SBN) 273906 echernin@cozen.com 3/4/2024 12:44 PM COZEN O'CONNOR By: Betty Davidson, DEPUTY 401 Wilshire Boulevard, Suite 850 Santa Monica, California 90401 Telephone: 3 1 0.393 .4000 Facsimile: 3 1 0.394.4700 OQOONOUU‘l-POON Attorneys for Defendants KAISER FOUNDATION HOSPITALS, KAISER FOUNDATION HEALTH PLAN, INC., SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, and TAWNA BRUUN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 90401 ESPERANZA PEREZ, Case No.: CIVDS 1 920836 CONNOR BOULEVARD CA 850 Plaintiff, O’ WILSHIRE SUITE MONICA. [Assigned to the Hon. Hon. Thomas S Garza, COZEN SANTA Dept. $27] 401 VS. KAISER FOUNDATION HOSPITALS, a DECLARATION OF ETHAN CHERNIN California Corporation; KAISER IN SUPPORT OF DEFENDANTS’ FOUNDATION HEALTH PLAN, INC., a OPPOSITION TO PLAINTIFF’S EX California Corporation; and SOUTHERN PARTE APPLICATION TO ADVANCE CALIFORNIA PERMANENTE MEDICAL HEARING DATE FOR PLAINTIFF’S GROUP, INC., a California Corporation; MOTION TO HAVE THE COURT TAWNA BRUUN, an Individual; and DOES 1 RECONSIDER SUMMARY through 50, Inclusive, , ADJUDICATION Defendants. Date: March 5, 2024 Time: 8:30 am. Dept: $27 Action Filed: March 20, 2019 Trial Date: March 11, 2024 LEGAL\64951 280\1 DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S EX PARTE APPLICATION TO ADVANCE HEARING DATE FOR PLAINTIFF’S MOTION TO HAVE THE COURT RECONSIDER SUMMARY ADJUDICATION - CASE NO. CIVDS1920836 A I, Ethan Chemin, declare: 1. I am an attorney at law licensed t0 practice before all courts of the State 0f California and before this Court. I am a member 0f the law firm Cozen O'Connor, and am one of the attorneys 0f record for Defendant Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Southern California Permanente Medical Group, and Tawna Bruun (collectively “Defendants”), in the above- OQOONOUU‘l-POON captioned matter. 2. I make this declaration in support 0f Defendants’ Opposition t0 Plaintiff Esperanza Perez’s (“Plaintiff”) Ex Parte Application to Advance Hearing Date For Plaintiff s Motion t0 Have The Court Reconsider Summary Adjudication (“Ex Parte Application”). I have personal knowledge 0f the matters contained in this declaration, and if called t0 d0 s0, can testify competently t0 the same. 3. On July 21, 2022, the Court issued its tentative ruling granting in part, and denying CONNOR BOULEVARD 90401 in part, Defendants’ Motion for Summary Judgment 0r, in the Alternative, Summary Adjudication CA 850 O’ WILSHIRE SUITE MONICA. (“MSJ”). A true and correct copy 0f the Court’s tentative ruling is attached hereto as Exhibit A. COZEN SANTA 401 On September 16, 2022, the Court issued a Minute Order adopting this tentative ruling as the order 0f the Court, and directed Defendants to prepare an order reflecting the Court’s decision. A true and correct copy 0f the Court’s Minute Order is attached hereto as Exhibit B. 4. On October 6, 2022, Defendants prepared and submitted t0 the Court a Proposed Order reflecting the Court’s ruling 0n Defendants’ MSJ, and served a copy 0n Plaintiff. A true and correct copy 0f Defendants’ Proposed Order is attached here as Exhibit C. 5. On November 1, 2022, the Court entered Defendants’ Proposed Order as the Order 0fthe Court on Defendants’ MSJ (“Order”). A true and correct copy 0fthe Court’s Order is attached here as Exhibit D. I was under the impression that a copy 0fthe Court’s Order was sent to Plaintiff s counsel. 6. I sent a copy 0f the Court’s Order t0 Plaintiff’s counsel, Twila White, 0n June 2, 2023. A true and correct copy 0f my email correspondence t0 Ms. White, attaching the Court’s Order, is attached here as Exhibit E. /// LEGAL\64951280\1 2 DECLARATION OF ETHAN CHERNIN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S EX PARTE APPLICATION TO ADVANCE HEARING DATE FOR PLAINTIFF’S MOTION TO HAVE THE COURT RECONSIDER SUMMARY ADJUDICATION - CASE NO. CIVDSl920836