Preview
1 Michele Ballard Miller (SBN 104198)
mbmiller@cozen.com
2 Janine S. Simerly (SBN 102361)
jsimerly@cozen.com
3 Ethan Chernin (SBN 273906)
echernin@cozen.com
4 H. Sarah Fan (SBN 328282) ELECTRONICALLY FILED
hfan@cozen.com SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
5 COZEN O'CONNOR SAN BERNARDINO DISTRICT
401 Wilshire Boulevard, Suite 850
6 Santa Monica, California 90401 2/1/2024 12:07 PM
Telephone: 310.393.4000
7 Facsimile: 310.394.4700 By: Amaris Morales Eumana, DEPUTY
8 Attorneys for Defendants
KAISER FOUNDATION HOSPITALS, KAISER
9 FOUNDATION HEALTH PLAN, INC.,
SOUTHERN CALIFORNIA PERMANENTE
10 MEDICAL GROUP, and TAWNA BRUUN
11
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
SUITE 850, SANTA MONICA, CA 90401
COZEN O’ CONNOR
401 WILSHIRE BOULEVARD
13 COUNTY OF SAN BERNARDINO
14 ESPERANZA PEREZ, Case No.: CIVDS1920836
15 Plaintiff, [Assigned to the Hon. Thomas S. Garza,
Dept. S27]
16 vs.
DEFENDANT KAISER FOUNDATION
17 KAISER FOUNDATION HOSPITALS, a HOSPITALS’S MEMORANDUM OF
California Corporation; KAISER POINTS AND AUTHORITIES IN
18 FOUNDATION HEALTH PLAN, INC., a SUPPORT OF MOTION TO COMPEL
California Corporation; and SOUTHERN DEPOSITION OF JOHANNA RAMIREZ
19 CALIFORNIA PERMANENTE MEDICAL PEREZ
GROUP, INC., a California Corporation;
20 TAWNA BRUUN, an Individual; and DOES 1
through 50, Inclusive, , Date: February 26, 2024
21 Time: 8:30 a.m.
Defendants. Place: Dept. S27
22
Action Filed: March 20, 2019
23 Trial Date: March 11, 2024
24
25
26
27
28
LEGAL\43735341\1 1
DEFENDANT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
MOTION TO COMPEL DEPOSITION OF JOHANNA RAMIREZ PEREZ - CASE NO. CIVDS1920836
LEGAL\68228895\1
1 I. INTRODUCTION
2 Defendant Kaiser Foundation Hospitals (“KFH”) requests that the Court issue an order
3 compelling three witnesses to appear for deposition after they failed to appear pursuant to proper
4 subpoenas and to which Plaintiff Esperanza Perez (“Perez”) did not object.
5 Perez identified three of her adult children – Christian Perez (“Christian”), Johanna Ramirez
6 Perez (“Johanna”), and Jennifer Perez (“Jennifer”) – in response to an interrogatory seeking the
7 identity and contact information of witnesses with knowledge of her alleged emotional distress
8 damages. She attested that all three children could be contacted through her counsel.
9 On January 9, 2024, KFH served Perez’s counsel with subpoenas for the depositions of
10 Christian, Johanna, and Jennifer, to take place on January 25, 2024. Perez’s counsel did not object
11 to these subpoenas or the depositions, but all three witnesses failed to appear. Although Perez’s
12 counsel has informed Defense counsel that she will provide dates on which they will appear, she
SUITE 850, SANTA MONICA, CA 90401
COZEN O’ CONNOR
401 WILSHIRE BOULEVARD
13 has failed to do so to date. Given that trial is set for March 11, 2024, KFH has been forced to bring
14 this motion, and respectfully requests that the Court issue an order compelling Johanna Ramirez
15 Perez to appear for deposition.
16 II. RELEVANCT FACTUAL BACKGROUND
17 KFH served Perez with its Special Interrogatories, including Special Interrogatory No. 18,
18 which provides: “IDENTIFY all witnesses who have knowledge of any of the damages (including
19 economic damages and emotional distress damages) YOU contend YOU incurred as a result of the
20 DEFENDANT’s conduct as alleged in the [First Amended Complaint].” (Chernin Dec., ¶ 3, Ex. A
21 [Pl. Resp. to Special Interrogatories, No. 18].) In her response to Special Interrogatory No. 18, Perez
22 identified Christian, Johanna, and Jennifer, among others. (See id.) The response stated that each
23 could be contacted through Perez’s counsel, Twila White. (See id.)
24 On January 9, 2024, KFH served Ms. White with subpoenas for the depositions of Christian,
25 Johanna, and Jennifer, scheduling their depositions for January 25, 2024. (Chernin Dec., ¶ 4, Ex.
26 B.) On January 23, 2024, having received no objections to the subpoenas, KFH’s counsel sent Ms.
27 White an email asking that she confirm that Christian, Johanna, and Jennifer would be appearing
28 for their deposition. (Chernin Dec., ¶ 5, Ex. C at p. 2.) Ms. White responded that they would not be
LEGAL\43735341\1 2
DEFENDANT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
MOTION TO COMPEL DEPOSITION OF JOHANNA RAMIREZ PEREZ - CASE NO. CIVDS1920836
LEGAL\68228895\1
Preview
1 Michele Ballard Miller (SBN 104198) mbmiller@cozen.com 2 Janine S. Simerly (SBN 102361) jsimerly@cozen.com 3 Ethan Chernin (SBN 273906) echernin@cozen.com 4 H. Sarah Fan (SBN 328282) ELECTRONICALLY FILED hfan@cozen.com SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO 5 COZEN O'CONNOR SAN BERNARDINO DISTRICT 401 Wilshire Boulevard, Suite 850 6 Santa Monica, California 90401 2/1/2024 12:07 PM Telephone: 310.393.4000 7 Facsimile: 310.394.4700 By: Amaris Morales Eumana, DEPUTY 8 Attorneys for Defendants KAISER FOUNDATION HOSPITALS, KAISER 9 FOUNDATION HEALTH PLAN, INC., SOUTHERN CALIFORNIA PERMANENTE 10 MEDICAL GROUP, and TAWNA BRUUN 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA SUITE 850, SANTA MONICA, CA 90401 COZEN O’ CONNOR 401 WILSHIRE BOULEVARD 13 COUNTY OF SAN BERNARDINO 14 ESPERANZA PEREZ, Case No.: CIVDS1920836 15 Plaintiff, [Assigned to the Hon. Thomas S. Garza, Dept. S27] 16 vs. DEFENDANT KAISER FOUNDATION 17 KAISER FOUNDATION HOSPITALS, a HOSPITALS’S MEMORANDUM OF California Corporation; KAISER POINTS AND AUTHORITIES IN 18 FOUNDATION HEALTH PLAN, INC., a SUPPORT OF MOTION TO COMPEL California Corporation; and SOUTHERN DEPOSITION OF JOHANNA RAMIREZ 19 CALIFORNIA PERMANENTE MEDICAL PEREZ GROUP, INC., a California Corporation; 20 TAWNA BRUUN, an Individual; and DOES 1 through 50, Inclusive, , Date: February 26, 2024 21 Time: 8:30 a.m. Defendants. Place: Dept. S27 22 Action Filed: March 20, 2019 23 Trial Date: March 11, 2024 24 25 26 27 28 LEGAL\43735341\1 1 DEFENDANT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL DEPOSITION OF JOHANNA RAMIREZ PEREZ - CASE NO. CIVDS1920836 LEGAL\68228895\1 1 I. INTRODUCTION 2 Defendant Kaiser Foundation Hospitals (“KFH”) requests that the Court issue an order 3 compelling three witnesses to appear for deposition after they failed to appear pursuant to proper 4 subpoenas and to which Plaintiff Esperanza Perez (“Perez”) did not object. 5 Perez identified three of her adult children – Christian Perez (“Christian”), Johanna Ramirez 6 Perez (“Johanna”), and Jennifer Perez (“Jennifer”) – in response to an interrogatory seeking the 7 identity and contact information of witnesses with knowledge of her alleged emotional distress 8 damages. She attested that all three children could be contacted through her counsel. 9 On January 9, 2024, KFH served Perez’s counsel with subpoenas for the depositions of 10 Christian, Johanna, and Jennifer, to take place on January 25, 2024. Perez’s counsel did not object 11 to these subpoenas or the depositions, but all three witnesses failed to appear. Although Perez’s 12 counsel has informed Defense counsel that she will provide dates on which they will appear, she SUITE 850, SANTA MONICA, CA 90401 COZEN O’ CONNOR 401 WILSHIRE BOULEVARD 13 has failed to do so to date. Given that trial is set for March 11, 2024, KFH has been forced to bring 14 this motion, and respectfully requests that the Court issue an order compelling Johanna Ramirez 15 Perez to appear for deposition. 16 II. RELEVANCT FACTUAL BACKGROUND 17 KFH served Perez with its Special Interrogatories, including Special Interrogatory No. 18, 18 which provides: “IDENTIFY all witnesses who have knowledge of any of the damages (including 19 economic damages and emotional distress damages) YOU contend YOU incurred as a result of the 20 DEFENDANT’s conduct as alleged in the [First Amended Complaint].” (Chernin Dec., ¶ 3, Ex. A 21 [Pl. Resp. to Special Interrogatories, No. 18].) In her response to Special Interrogatory No. 18, Perez 22 identified Christian, Johanna, and Jennifer, among others. (See id.) The response stated that each 23 could be contacted through Perez’s counsel, Twila White. (See id.) 24 On January 9, 2024, KFH served Ms. White with subpoenas for the depositions of Christian, 25 Johanna, and Jennifer, scheduling their depositions for January 25, 2024. (Chernin Dec., ¶ 4, Ex. 26 B.) On January 23, 2024, having received no objections to the subpoenas, KFH’s counsel sent Ms. 27 White an email asking that she confirm that Christian, Johanna, and Jennifer would be appearing 28 for their deposition. (Chernin Dec., ¶ 5, Ex. C at p. 2.) Ms. White responded that they would not be LEGAL\43735341\1 2 DEFENDANT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL DEPOSITION OF JOHANNA RAMIREZ PEREZ - CASE NO. CIVDS1920836 LEGAL\68228895\1