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1 Hugh S. Spackman, State Bar No. 150204
J. Lynn Stokes-Pena, State Bar No. 223300
2 CLINKENBEARD, RAMSEY, SPACKMAN & CLARK, LLP
P.O. Box 21007
3 Santa Barbara, CA 93121
Phone: (805) 965-0043
4 Fax: (805) 965-8894
5 Attorneys for Defendant Dignity Health dba
Marian Regional Medical Center
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA BARBARA
10 COOK DIVISION
11 GABRIELA ANACONA through her guardian ad CASE NO. 24CV00455
litem DENISSE ANACONA MARTINEZ, an Complaint Filed: 01-29-24
12 individual, Assigned: Honorable James F. Rigali
13 Plaintiff, DECLARATION OF J. LYNN STOKES-PENA
IN SUPPORT OF DEFENDANT DIGNITY
14 V. HEAL TH dba MARIAN REGIONAL
MELDICAL CENTER'S DEMURRER TO
15 DIGNITY HEAL TH dba MARIAN REGIONAL COMPLAINT
MEDICAL CNETER, AND DOES 1-100,
16 inclusive Date: April 30, 2024
Time: 8:30 a.m.
17 Defendants. Dept: SM-2
18 [Memorandum of Points and Authority, Request
for Judicial Notice filed concurrently]
19
20 I, J. Lynn Stokes-Pena declare as follows:
21 I am an attorney duly licensed to practice before all courts of the state of California and am an
22 associate attorney with the law firm of Clinkenbeard Ramsey Spackman & Clark, LLP, attorneys of
23 record for defendant DIGNITY HEAL TH dba MARIAN REGIONAL MEDICAL CENTER. I have
24 personal knowledge of the facts set forth herein and if called upon as a witness, I could and would testi
25 as follows:
26 1. A true and correct courtesy copy of the complaint is attached as Exhibit A.
27 2. On March 20, 2024, I emailed and mailed a meet and confer letter to plaintiff's counsel
28 requesting they withdraw their cause of action for Edler Abuse/Neglect. A true and correct copy of this
Declaration of J. Lynn Stokes-Pena ISO Demurrer - l
1 email is submitted as exhibit B.
2 3. On March 25, 2024, counsel had a telephone conference call discussing the Elder
3 Abuse/Neglect cause of action. Counsel disagreed on whether the facts in this present case amounted to
4 the level of care, custody and conduct protected under the Elder Abuse/Neglect statute and case
5 precedent.
6 I declare under penalty of perjury under the laws of the State of California that the foregoing is
7 true and correct. Executed this 26th day of March, 2024 at Santa Barbara, California.
8 Dated: March 27, 2024 CLINKE/1, RD, RAMSEY, SPACKMAN & CLARK, LLP
9
10 By: I ·1
Hugh
11 J. Ly tokes Pena,
Attorneys for Defendant DIGNITY HEALTH dba
12 MARIAN REGIONAL MEDICAL CENTER
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Declaration of J. Lynn Stokes-Pena ISO Demurrer - 2
EXHIBIT A
I -•---••· .__ -· • ...,, ...,. __ ._,_ ••JtV ----•••-•t• I•"""'- ...,,...,VII -•--•t-111--••, flf-- -, •••-
Superior, Court of California, County of Santa Barbara, on 1/29/2024
SUM-100
SUMMONS FOR COURT USE ONLY
(S01.0 PARA USO OE I.A CORTE}
(CITACION JUDICIAL)
NOTICE TO DEFENDANT:
(A VISO AL DEMANDADO):
Dignity Health dba Marian Regional Medical Center, and Does 1-100, Inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
Gabriela Anacona through her GAL Denisse Anacona Martinez
NOTICE! You have been sued. The court may decide against you without your being heard unless you responc within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response al this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the
court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may
be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifomia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
1A VISO/ Lo han demandado. Si no responde dentro de 30 dfas, la carte puede decidir en su contra sin escuchar su versi6n. Lea la informaci6n a
continuaci6n.
Tiena 30 DIAS DE CALENDARIO despues de que le entreguen esta citaci6n y papeles legs/es para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una 1/amada telefonica no lo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en la corte. £Es posible que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar estos formularios de la corte y mas informaci6n en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la
biblioteca de /eyes de su condado o en la carte que le quede mas cerca. Si no puede pagar la cuota de presentaci6n, pida al secretario de la corte qua
le de un formulario de exenci6n de pago de cuotas. Si no presents su respuesta e tiempo, puede perder el caso por incump/imiento y I~ corte le podra
quitar su sue/do, dinero y bienes sin mas advertencia.
Hay otros requisitos legales. £Es recomendable que /lame a un abogado inmediatamente. Si no conoce a un abogado, puede 1/amar a un servicio de
remisi6n a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requlsitos para obtener servicios legates gratuitos de un
programs de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services,
(www.lawhelpcalifomia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poni(mdose en contacto con la corte o e/
colegio de abogados locales. AV/SO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperaci6n de $10,000 6 m/Js de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho 'civil. Tiene que
pagar el gravamen de la corte antes de que la carte pueda desechar el caso.
CASE NUMBER:
The name and address of the court is:
(El nombre y direcci6n de /a corle es): Santa Maria - Cook
(Numero def Caso/:
24CV00455
312-C East Cook Street Sanle Marie, CA 93454
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is:
(El nombre, la direcci6n y el numero de telefono de/ abogado de/ demandante, o def demandante que no tiene abogado, es):
Adam Feldman, Esq., Adam Feldman Law, APC., 5850 Canoga Ave., Ste 400, Woodland Hills, Ca 91367- (818)710-3833
DATE: Clerk, by , Deputy
(Fecha) (Secretario) (Adjunto)
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citati6n use el formulario Proof of Service of Summons, (POS-010)).
iSEALJ NOTICE TO THE PERSON SERVED: You are served
1. D as an individual defendant.
2. D as the person sued under the fictitious name of (specify):
3. [X] on behalf of (specify).Dignity Health dba Marian Regional Medical Center
under: IX] CCP 416.10 (corporation) D CCP 416.60 (minor)
D CCP 416.20 (defunct corporation) D CCP 416.70 {conservatee)
D CCP 416.40 (association or partnership) D CCP 416.90 (authorized person)
D other (specify):
4. D by personal delivery on (date):
Page 1 of 1
Form Adopted for Mandatory Use Code of Civil Procedure§§ 412.20, 465
Judicial Council of California
SUMMONS
\.vww.courts.ca.gov
SUM-100 IRev. July 1. 2009}
For your protection and privacy, please press the Clear
I .... _.!_ ... "''·'- ........... I l " - · -- ,.,_ ! - 11!- -···· I ,·:'!I!•.---·-··.••-·•• ·•- ...... ~.ii
CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and addtess/:
FOR COURT USE ONLY
Adam Feldman, Esq. (SBN: 333667)
Adam Feldman Law, APC., 5850 Canoga Ave., Ste 400, Woodland Hills, Ca 91367
ELECTRONICALLY FILED
TELEPHONE No.: (818)710-3833 FAX No., Superior Court of California
eMAILAooRess: info@adamfeldmanlaw.com County of Santa Barbara
ATTORNEY FOR (NameJ:Plaintiff Darrel E. Parker, Executive Officer
t:s-:--:u-=-pe=-=R::-10=-R=-c-=-o=-u-:R:-T:-O:-F:-C-A-L-IF-O-RN-IA-,-C-O-U-NTY_O_F_S_a_nta-B-ar-br_a_ _ _ _ _ _ _ _---l1/29/2024 11 :02 AM
sTREETAooRess:312-c East cook street By: Blanca Delabra, Deputy
MAILING A0ORESS:Same
CITY AND 21P cooe:Santa Maria, CA 93454
BRANCH NAME:Santa Maria - Cook Division
CASE NAME: Gabriela Anacona through her GAL Denisse Anacona Martinez v. Dignity
Health dba Marian Regional Medical Center, and Does 1-100, Inclusive
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
m Unlimited
(Amount
D Limited
(Amount
D Counter D Joinder
24CV00455
demanded demanded is Filed with first appearance by defendant JUDGE:
exceeds $35,000) $35 ,000 or less) (Cal. Rules of Court, rule 3.402) DEPT.:
Items 1-6 below must be comoleted rsee instructions on oaae 21.
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
D Auto {22) D Breach of contracVwarranty (06) (Cal. Rules of Court, rules 3.400-3.403)
D Uninsured motorist (46) D Rule 3.740 ~llections (09) D AntitrusVTrade regulation (03)
Other Pl/PO/WO (Personal Injury/Property D Other collections (09) D Construction defect (10)
Damage/Wrongful Death) Tort D Insurance coverage (18) D Mass tort (40)
D Asbestos (04) D Other contract (37) D Securities litigation (28)
D Product liability (24)
Real Property D Environmentalffoxic tort (30)
CE] Medical malpractice (45)
D Eminent domain/Inverse
c::J Insurance coverage claims arising from the
D Other Pl/PD/WO (23) condemnation (14)
above listed provisionally complex case
types(41)
Non-PI/PO/WD (Other) Tort D Wrongful eviction (33) Enforcement of Judgment
D Business tort/unfair business practice (07) D Other real property (26) D Enforcement of judgment (20)
D Civil rights (08) Unlawful Detainer Miscellaneous Civil Complaint
D Defamation (13) D Commercial (31) 0 RICO(27)
D Fraud (16) D Residential (32)
D Other complaint (not specified above) (42)
D Intellectual property (19) D Drugs (38) Mlscellaneous Civil Petition
D Professional negligence (25) Judicial Review
D Partnership and corporate governance (21)
CJ Other non-PI/PD/WD tort (35) D Asset forfeiture (05)
Employment D Petition re: arbitration award (11) D Other petition (not specified above) (43)
D Wrongful termination (36) D Writ of mandate (02)
D Other employment {15) D Other judicial review (39)
2. This case D is 0 is not complex under rule 3.400 of the CaJifornia Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. D Large number of separately represented parties d. D
Large number of witnesses
b. D Extensive motion practice raising difficult or novel e. c::J Coordination with related actions pending in one or more
issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal
court
c. D Substantial amount of documentary evidence f. D
Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. 0 monetary b. D
nonmonetary; declaratory or injunctive relief C. punitive m
4. Number of causes of action (specify): Two
5. This case O is [TI is not a class action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)
Date: 01/29/2024 â–º ~
Adam Feldman, Esg. --,,t.:.....A:;...i..:=-~~~~~~.,,....,,==~=-=:-,,::::::-::-----
TYPE OR PRINT NAME
NOTICE
• Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions.
• File this cover sheet in addition to any cover sheet required by local court rule.
• If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to
the action or proceeding.
• Unless this is a collections case under rule 3. 740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1012
\.~!'.,~di!~~{."!,~~~::_~ Use CIVIL CASE COVER SHEET <:~~!',:~9~, ~::'_?:;~}:~:}:t':?:~~~;;·~~~
Cal. Rul~s-~1
0
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1.
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3. 740 Collections Cases. A "collections case" under rule 3. 740 is defined as an action for recovery of money owed
in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which
property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3. 740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiffs designation, a counter-designation that the case is not complex, or. if the plaintiff has made no designation, a designation that
the case is complex. CASE TYPES AND EXAMPLES
Auto Tort Contract Provisionally Complex Clvll Litigation (Cal.
Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403)
Damage/1/Vrongful Death Breach of Rental/Lease AntitrusVTrade Regulation (03)
Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
motorist claim subject to Contract/Warranty Breach-Seller Securities Litigation (28)
arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other Pl/PD/WO (Personal Injury/ Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Tort Other Breach of Contract/Warranty case type listed above) (41)
Asbestos (04) Collections (e.g., money owed, open Enforcement of Judgment
Asbestos Property Damage book accounts) (09) Enforcement of Judgment (20)
Asbestos Personal Injury/ Collection Case-Seller Plaintiff Abstract of Judgment (Out of County)
Wrongful Death Other Promissory Note/Collections Case Confession of Judgment (non-domestic
Product Liability (not asbestos or Insurance Coverage (not provisionally relations)
toxic/environmental) (24) complex) (18) Sister State Judgment
Medical Malpractice (45) Auto Subrogation Administrative Agency Award·
Medical Malpractice- Other Coverage (not unpaid taxes)
Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment Case
Other Pl/PD/I/VD (23) Real Property Miscellaneous Civil Complaint
Premises Liability (e.g., slip Eminent Domain/Inverse RICO(27)
and fall) Condemnation (14) Other Complaint (not specified above) (42)
Intentional Bodily Injury/PD/I/VD Wrongful Eviction (33) Declaratory Relief Only
(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) Injunctive Relief Only (non.
Intentional Infliction of Writ of Possession of Real Property harassment)
Emotional Distress Mortgage Foreclosure Mechanics Lien
Negligent Infliction of Quiet Title Other Commercial Complaint
Emotional Distress Other Real Property (not eminent Case (non-tort/non-complex)
Other Pl/PO/I/VD domain, landlorclltenant, or Other Civil Complaint
Non-Pl/PD/WO (Other) Tort foreclosure) (non-tort/non-complex)
Business Tort/Unfair Business Unlawful Detainer Miscellaneous Civil Petition
Practice (07) Commercial (31) Partnership and Corporate
Civil Rights (e.g., discrimination, Residential (32) Governance (21)
false arrest) (not civil Drugs (38) (if the case involves illegal Other Petition (not specified above) (43)
harassment) (08) drugs, check this item; otherwise, Civil Harassment
Defamation (e.g., slander, libel) (13) report as Commercial or Residential) Workplace Violence
Fraud (16) Judicial Review Elder/Dependent Adult Abuse
Intellectual Property (19) Asset Forfeiture (05) Election Contest
Professional Negligence (25) . Petition Re: Arbitration Award (11) Petition for Name Change
Legal Malpractice Writ of Mandate (02) Petition for Relief From Late Claim
Other Professional Malpractice Writ-Administrative Mandamus Other Civil Petition
(not medical or legal) Writ-Mandamus on Limited Court
Other Non-Pl/PO/WO Tort (35) Case Matter
Employment Writ-Other Limited Court Case Review
Wrongful Termination (36) Other Judicial Review (39)
Other Employment (15) Review of Health Officer Order
Notice of Appeal-Labor Commissioner
CM-010 !Rev. January 1, 2024} Page 2 of 2
CIVIL CASE COVER SHEET
Print Form
... . ..... . ~
Clear Form
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.: FOR COURT USE ONLY
Adam Feldman, Esq. (SBN: 333667)
Adam Feldman Law. APC., 5850 Canoga Ave., Ste 400, Woodland Hills, Ca ELECTRONICALLY FILED
91367 - (T): (818)710-3833 - (E): info@adamfeldmanlaw.com Superior Court of California
ATTORNEY FOR (NAMF:): Plaintiff County of Santa Barbara
Darrel E. Parker, Executive Off cer
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
1/29/2024 11 :02 AM
0 Santa Barbara-Anacapa !Bl Santa Maria-Cook 0 Lompoc Division By: Blanca Delabra , Deputy
1100 Anacapa Street 312-C East Cook Street 115 Civic Center Plaza
Santa Barbara, CA 93101 Santa Maria, CA 93454 Lompoc, CA 93436
PLAINTIFF: Gabriela Anacona through her GAL Denisse Anacona Martinez
DEFENDANT:Oignity Health dba Marian Regional Medical Center, and Does 1-100, Inclusive
CASE NUMBE~:4CV00455
CIVIL CASE COVER SHEET ADDENDUM
Santa Barbara County Superior Court Local Rule, rule 201 divides Santa Barbara County geographically into two
separate regions referred to as "South County" and "North County," the boundaries of which are more particularly
defined in rule 201. "South County" includes the cities of Carpinteria, Santa Barbara, and Goleta; "North County"
includes the cities of Santa Maria, Lompoc, Buellton and Solvang. A map depicting this geographical division is
contained in Appendix 1 to the local rules.
Local Rule 203 provides: "When, under California law, 'North County' would be a 'proper county' for venue purposes,
all filings for such matters shall be in the appropriate division of the Clerk's office in North County. Alf other filings
shall be made in the Clerk's office in the appropriate division of the Court in South County. The title of the Court
required to be placed on the first page of documents pursuant to CRC 2.111 includes the name of the appropriate
Court division."
A plaintiff filing a new complaint or petition is required by Local Rule 131 O to complete and file this Civil Case Cover
Sheet Addendum to state the basis for filing in North County or South County.
The undersigned represents to the Court:
This action is filed in [&I North County D South County because venue is proper in this region for the following
reason(s):
Iv! . . . . . . . . 1400 e Church St, Santa Marla, CA 93454
~ A defendant resides or has ,ts pnnc,pal place of business in this region at:
[Bl The personal injury, damage to property, or breach of contract that is claimed in the complaint occurred in this
region at: 1400 E Church St, Santa Maria, CA 93454
0 There is a related case filed with the court in this region (e.g., the related personal injury action to a petition to
transfer structured settlement payments) [identify case, including case number): _ _ _ _ _ _ _ _ _ _ __
D Venue is otherwise proper in this region because [explain): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Dated: 01/29/2024 ~~
Signature of Plai({;(#,;,laintfff's Counsel
Form Adopted for Mandatory Use CIVIL CASE COVER SHEET ADDENDUM
Santa Barbara Superior Court Print Form Clear Form
SC-2069 [New July 2018)
Adam Feldman, Esq. (SBN: 333667)
Adam Feldman Law, APC ELECTRONICALLY FILED
2 adam@adamfeldmanlaw.com Superior Court of California
3 info@adamfeldmanlaw.com County of Santa Barbara
5850 Canoga Avenue, Suite 400 Darrel E. Parker, Executive Officer
1/29/2024 11 :02 AM
4 Woodland Hills, CA 91367 By: Blanca Delabra , Deputy
T: 818-710-38331 F: 818-710-3802
5
6 Attorney for Plaintiff:
Gabriela Anacona through
7 her guardian ad !item
Denisse Anacona Martinez
8
9
SUPERIOR COURT OF ST ATE OF CALIFORNIA
10
FOR THE COUNTY OF SANTA BARBARA
11
12 GABRIELA ANACONA through her guardian Case No.: 2 4 CV004 55
ad !item DENISSE ANACONA MARTINEZ, an
13 individual, COMPLAINT FOR DAMAGES:
14
1. MEDICAL NEGLIGENCE
15 Plaintiff, 2. ELDER ABUSE/NEGLECT
16 DEMAND FOR A JURY TRIAL
V.
17
[AMOUNT DEMANDED EXCEEDS $35,000}
18
DIGNITY HEALTH dba MARIAN REGIONAL
19 MEDICAL CENTER, AND DOES 1-100,
20 Inclusive,
21
Defendants.
22
23
24 Plaintiff, GABRIELA ANACONA ("Plaintiff"), hereby submits this Complaint for Damages
25 against Defendants, DIGNITY HEALTH dba MARIAN REGIONAL MEDICAL CENTER, AND
26 DOES 1-50, Inclusive, and allege the following:
27 ///
28 ///
COMPLAINT FOR DAMAGES
THE PARTIES
2 1. At all relevant times, Plaintiff GABRIELA ANACONA was over the age of sixty-five
3 (65) (born on January 17, 1940) and was an "elder" within the meaning of California Welfare and
4 Institutions Code section 15610.27.
5 2. At all relevant times, Plaintiff was dependent on the care of her immediate family and
6 medical care providers. Plaintiff is exclusively a Spanish speaker. Plaintiff has been clinically diagnosed
7 with dementia. Plaintiff has a documented history of falls one of which was serious enough to warrant
8 surgical intervention for a spinal fracture attributed to said fall.
9 3. Due to mental incapacity, Plaintiff brings her claims by and through her guardian ad
10 !item, DENISSE ANACONA MARTINEZ.
11 4. DENISSE ANACONA MARTINEZ is a competent adult and at all times material hereto
12 the lawful daughter of Plain ti ff.
13 5. Defendants DIGNITY HEALTH dba MARIAN REGIONAL MEDICAL CENTER and
14 DOES 1-50 own and operate a hospital in Santa Maria California, County of Santa Barbra, doing
15 business as MARIAN REGIONAL MEDICAL CENTER (hereinafter referred to as "MRMC") located
16 at 1400 E Church St Santa Maria, CA 93454. At all times relevant MRMC was subject to the
17 requirements of federal and state law regarding the operation of hospitals and accredited medical centers
18 operating in the State of California.
19 6. Defendant DIGNITY HEALTH is the licensee of MRMC and MRMC is part of the
20 Dignity Health network and its policies and procedures.
21 7. Plaintiff is ignorant of the true names and capacities of those Defendants sued here as
22 DOES l through 100 and for that reason has sued such Defendants by fictitious names. Plaintiff will
23 seek leave of the Court to amend the Complaint to identify said Defendants once their identities become
24 known.
25 8. Plaintiff is informed and believes and upon such information and belief alleges that at all
26 times herein mentioned, Defendants and each of them, were the agents, ostensible agents, servants,
27 employees, assistants, and/or consultants of their co-Defendants and were, as such, acting within the
28 course, scope, purpose and authority of said agency and employment; that each and every defendant as
2
COMPLAINT FOR DAMAGES
aforesaid, when acting as a principal, was negligent in the supervision, selection, hiring, proctoring,
2 granting of, reviewing and renewing staff privileges, of each and every other defendant as an agent,
3 servant, employee, assistant and/or consultant.
4 9. Plaintiff is informed and believes and upon such information and belief alleges that each
5 Defendant designated herein as a DOE was responsible, negligently, or in some other actionable
6 manner, for the events and happenings herein referred to, which proximately caused the injuries and
7 damages to Plaintiff as are hereinafter alleged.
8 JURISDICTION AND VENUE
9 10. This Court has personal jurisdiction over DIGNITY HEALTH dba MARIAN
10 REGIONAL MEDICAL CENTER ("MRMC") AND DOES l to 100 because said Defendants were, at
11 all relevant times, doing business in the State of California, in the County of Santa Barbra, as set forth in
12 the paragraphs above, and as incorporated by reference here as though fully set forth herein. In the
13 course of engaging in such business, the conduct of each of the Defendants caused injury to Plain ti ff as
14 set forth more fully below.
15 11. Venue in this judicial district is proper because Defendants named herein conduct
J6 business in this district in a manner that has caused injury to Plaintiff as set forth more fully below.
17 12. Pursuant to CCP 364 Plaintiff provided notice of this lawsuit to all Defendants on
18 January 2, 2024, of thi~ action, which extends the applicable statute of limitations by 90 days. An agent
19 of named Defendant DIGNITY HEALTH dba MARIAN REGIONAL MEDICAL CENTER
20 ("MRMC") signed the domestic return receipt that was returned to this Law Firm upon delivery of said
21 364 Letter.
22 GENERAL ALLEGATIONS
23 13. All the acts described herein constituted an ongoing practice and pattern of neglect and
24 abuse committed by Defendants.
25 14. Plaintiff, at the time of the alleged incident, was an 83 -year - old female. She was and
26 is exclusively a Spanish speaker with clinically diagnosed dementia.
27 Ill
28 Ill
3
COMPLAINT FOR DAMAGES
15. In the years leading up to this alleged incident, Plaintiff was living with her daughter and
2 son in law with her two grandchildren. In spite of her dementia, Plaintiff still played an active role in her
3 families' lives cooking, playing, traveling, and spending quality time with her children and
4 grandchildren. She was still ab!~ to recognize her family members and live a meaningful life with those
5 she loved.
6 16. In addition to her dementia, Plaintiff had a prior medical history of falls, one of which
7 was so serious that she suffered an L4 burst fracture in 2020. She was treated for this burst fracture at
8 MRMC.
9 17. In 2021, Plaintiff suffered another fall while playing with her grandchildren that
l0 aggravated her L4 burst fracture. She then presented to MRMC where physicians discovered that in
11 addition to her L4 burst fracture, Plaintiff had sustained T 1, T2, and T6 compression fractures because
12 of this second fall. On August 2, 2021, Plaintiff underwent an L4 kyphoplasty for the L4 burst fracture
13 at MRMC.
14 18. A kyphoplasty is a minimally invasive procedure used to treat vertebral compression
15 fractures and unstable burst fractures by inflating a balloon to restore bone height then injecting bone
J6 cement into the vertebral body. This type of procedure and the recovery associated with it is generally
17 less difficult to tolerate for dependent adults than surgical options that require metal hardware to be
18 implanted into the spine.
19 19. After this surgery, Plaintiff made a full recovery and returned to her everyday life with
20 her family. Once she recovered, Plaintiff was still able to perform most of her activities of daily living
21 including dressing herself, cooking meals with her daughter, bending over to play with her
22 grandchildren, and ambulating freely throughout her family's home.
23 20. On February 4, 2023, Plaintiff suffered an unwitnessed fall at home where during her fall,
24 her back struck a wall. She began to feel pain in the same region of her lumbar spine that she
25 experienced before her kyphoplasty surgery in 2021. She communicated her pain to her daughter and
26 son in law after this fall who then took Plaintiff for an evaluation at MRMC.
27 21. When Plaintiff presented at MRMC on February 4, 2023, post fall, she complained of
28 bilateral hip pain and an inability to ambulate.
4
COMPLAINT FOR DAMAGES
22. An X-ray of her pelvis showed no new fractures. Plaintiff was discharged home with
2 Norco and Lidocaine topical patches and instructed to follow up with her primary care physician Dr.
3 Desmond in the next few days. Additionally, the imaging of Plaintiffs pelvis and low back performed
4 on February 4, 2023, did not show any injuries to her right hip or femur.
5 23. Plaintiff's pain did not subside in the days following February 4, 2023. Her family,
6 concerned, ultimately brought Plaintiff back to MRMC with worsening pain and limited ability to
7 ambulate. Plaintiff had not had any relief using oral and topical pain management options.
8 24. Upon presentation to MRMC on February 7, 2023, Plaintiff complained of low back pain
9 pelvic pain, and difficulty ambulating. Her vital signs were within normal limits. She had a normal chem
IO panel and CBC.
11 25. Rather than a second X-ray, staff at MRMC decided to perform a CT scan of Plaintiffs
12 pelvis. This CT came back negative for any fractures or internal injuries.
13 26. MRMC staff also performed a CT scan of Plaintiffs lumbosacral spine. This CT scan
14 demonstrated a new finding of a left L3 inferior endplate region compression fracture with 20%
15 vertebral body height loss and resulting mild central canal and bilateral foraminal stenosis. There was
16 also her prior L4 burst fracture deformity and moderate right central canal stenosis. Neurosurgery was
17 contacted.
18 27. MRMC staff ultimately decided to admit Plaintiff for observation. Plaintiff was then
19 admitted in the early morning hours of February 8, 2023, into the care and custody ofMRMC.
20 28. Plaintiffs daughter DENISSE ANACONA MARTINEZ went on record with MRMC
21 personnel to ensure that her mother's care team was aware of Plaintiffs dementia diagnosis and the
22 language barrier. Indeed, Plaintiffs medical records maintained by MRMC reflect her dementia
23 diagnosis and language barrier.
24 29. Once admitted, imaging studies, and intake interviews with Plaintiffs family were
25 conducted, at 5:26am on February 8, 2023, Dr. John Newlander assessed Plaintiff where he stated, "I
26 suspect she will require less than 2 midnights hospitalization. She is a full code with a fair prognosis."
27
28
5
COMPLAINT FOR DAMAGES
30. One of the tools that MRMC uses to assess patient specific needs upon admission, is the
2 Johns Hopkins Fall Risk Assessment. This fall assessment is geared toward reducing the chances of a
3 patient fall while admitted. The Assessment results in each patient receiving a numeric score.
4 31. Numeric scores are calculated as low {<6), moderate (6-13), or high fall risk (>13). The·
5 highest numeric score a patient can receive is a 28 meaning they are categorized as an extremely fall
6 risk.
7 32. Upon· admission, Plaintiff received a JHFRA score of 28.
8 33. According to MRMC's policies and procedures, patients who are classified as high fall
9 risks require extra precautions to prevent against foreseeable harm caused by a fall. Some of these
10 preventions include but are not limited to: ( 1) the application of fall mats, (2) moving the patient closer
11 to the nurses POD, (3) activating the bed and chair alarms, (4) use of the Avasure virtual nurse system,
12 and (5) for nurses to remain within the arms-length of patients when toileting. None of these precautions
13 were taken.
14 34. Plaintiff was tagged with a "Fall Risk" wrist band and placed in a hospital room away
15 from the nearest nursing POD with a "Fall Risk" label on the door no larger than a name tag.
16 35. On the night of February 9, 2023, different MRMC personnel provided Plaintiffs family
17 with conflicting versions of events. Based on the testimony given under penalty of perjury to an
18 investigator sent to MRMC by the California Department of Public Health during a June 13, 2023,
19 investigation, a registered nurse was assigned to care for Plaintiff on February 9, 2023. RNI admitted
20 the following:
21 • She was aware that Plaintiff was a high fall risk.
22 • She observed Plain ti ff seated on the edge of her bed with her legs dangling over the edge.
23 • She observed that Plaintiff was visibly agitated and refused redirection to lay back into
24 bed.
25 • She was unable to secure Plaintiff into bed.
26 • She left Plaintiff unattended despite knowing she was a high fall risk.
• When she returned to the unattended plaintiff, she found her on the floor complaining of
27
severe leg pain.
28
6
COMPLAINT FOR DAMAGES
• She admitted to seeing Plaintiffs leg clearly deformed and extremely swollen.
2 36. This preventable fall resulted in Plaintiff suffering a proximal femoral diaphysis oblique
3 fracture of the right hip. Ortho was contacted immediately, and Plaintiff was taken in for an emergency
4 open reduction and internal fixation ("ORIF") of her right subtrochanter
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1 Hugh S. Spackman, State Bar No. 150204 J. Lynn Stokes-Pena, State Bar No. 223300 2 CLINKENBEARD, RAMSEY, SPACKMAN & CLARK, LLP P.O. Box 21007 3 Santa Barbara, CA 93121 Phone: (805) 965-0043 4 Fax: (805) 965-8894 5 Attorneys for Defendant Dignity Health dba Marian Regional Medical Center 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA BARBARA 10 COOK DIVISION 11 GABRIELA ANACONA through her guardian ad CASE NO. 24CV00455 litem DENISSE ANACONA MARTINEZ, an Complaint Filed: 01-29-24 12 individual, Assigned: Honorable James F. Rigali 13 Plaintiff, DECLARATION OF J. LYNN STOKES-PENA IN SUPPORT OF DEFENDANT DIGNITY 14 V. HEAL TH dba MARIAN REGIONAL MELDICAL CENTER'S DEMURRER TO 15 DIGNITY HEAL TH dba MARIAN REGIONAL COMPLAINT MEDICAL CNETER, AND DOES 1-100, 16 inclusive Date: April 30, 2024 Time: 8:30 a.m. 17 Defendants. Dept: SM-2 18 [Memorandum of Points and Authority, Request for Judicial Notice filed concurrently] 19 20 I, J. Lynn Stokes-Pena declare as follows: 21 I am an attorney duly licensed to practice before all courts of the state of California and am an 22 associate attorney with the law firm of Clinkenbeard Ramsey Spackman & Clark, LLP, attorneys of 23 record for defendant DIGNITY HEAL TH dba MARIAN REGIONAL MEDICAL CENTER. I have 24 personal knowledge of the facts set forth herein and if called upon as a witness, I could and would testi 25 as follows: 26 1. A true and correct courtesy copy of the complaint is attached as Exhibit A. 27 2. On March 20, 2024, I emailed and mailed a meet and confer letter to plaintiff's counsel 28 requesting they withdraw their cause of action for Edler Abuse/Neglect. A true and correct copy of this Declaration of J. Lynn Stokes-Pena ISO Demurrer - l 1 email is submitted as exhibit B. 2 3. On March 25, 2024, counsel had a telephone conference call discussing the Elder 3 Abuse/Neglect cause of action. Counsel disagreed on whether the facts in this present case amounted to 4 the level of care, custody and conduct protected under the Elder Abuse/Neglect statute and case 5 precedent. 6 I declare under penalty of perjury under the laws of the State of California that the foregoing is 7 true and correct. Executed this 26th day of March, 2024 at Santa Barbara, California. 8 Dated: March 27, 2024 CLINKE/1, RD, RAMSEY, SPACKMAN & CLARK, LLP 9 10 By: I ·1 Hugh 11 J. Ly tokes Pena, Attorneys for Defendant DIGNITY HEALTH dba 12 MARIAN REGIONAL MEDICAL CENTER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Declaration of J. Lynn Stokes-Pena ISO Demurrer - 2 EXHIBIT A I -•---••· .__ -· • ...,, ...,. __ ._,_ ••JtV ----•••-•t• I•"""'- ...,,...,VII -•--•t-111--••, flf-- -, •••- Superior, Court of California, County of Santa Barbara, on 1/29/2024 SUM-100 SUMMONS FOR COURT USE ONLY (S01.0 PARA USO OE I.A CORTE} (CITACION JUDICIAL) NOTICE TO DEFENDANT: (A VISO AL DEMANDADO): Dignity Health dba Marian Regional Medical Center, and Does 1-100, Inclusive YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): Gabriela Anacona through her GAL Denisse Anacona Martinez NOTICE! You have been sued. The court may decide against you without your being heard unless you responc within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response al this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifomia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. 1A VISO/ Lo han demandado. Si no responde dentro de 30 dfas, la carte puede decidir en su contra sin escuchar su versi6n. Lea la informaci6n a continuaci6n. Tiena 30 DIAS DE CALENDARIO despues de que le entreguen esta citaci6n y papeles legs/es para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una 1/amada telefonica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. £Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y mas informaci6n en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de /eyes de su condado o en la carte que le quede mas cerca. Si no puede pagar la cuota de presentaci6n, pida al secretario de la corte qua le de un formulario de exenci6n de pago de cuotas. Si no presents su respuesta e tiempo, puede perder el caso por incump/imiento y I~ corte le podra quitar su sue/do, dinero y bienes sin mas advertencia. Hay otros requisitos legales. £Es recomendable que /lame a un abogado inmediatamente. Si no conoce a un abogado, puede 1/amar a un servicio de remisi6n a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requlsitos para obtener servicios legates gratuitos de un programs de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifomia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poni(mdose en contacto con la corte o e/ colegio de abogados locales. AV/SO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre cualquier recuperaci6n de $10,000 6 m/Js de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho 'civil. Tiene que pagar el gravamen de la corte antes de que la carte pueda desechar el caso. CASE NUMBER: The name and address of the court is: (El nombre y direcci6n de /a corle es): Santa Maria - Cook (Numero def Caso/: 24CV00455 312-C East Cook Street Sanle Marie, CA 93454 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direcci6n y el numero de telefono de/ abogado de/ demandante, o def demandante que no tiene abogado, es): Adam Feldman, Esq., Adam Feldman Law, APC., 5850 Canoga Ave., Ste 400, Woodland Hills, Ca 91367- (818)710-3833 DATE: Clerk, by , Deputy (Fecha) (Secretario) (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citati6n use el formulario Proof of Service of Summons, (POS-010)). iSEALJ NOTICE TO THE PERSON SERVED: You are served 1. D as an individual defendant. 2. D as the person sued under the fictitious name of (specify): 3. [X] on behalf of (specify).Dignity Health dba Marian Regional Medical Center under: IX] CCP 416.10 (corporation) D CCP 416.60 (minor) D CCP 416.20 (defunct corporation) D CCP 416.70 {conservatee) D CCP 416.40 (association or partnership) D CCP 416.90 (authorized person) D other (specify): 4. D by personal delivery on (date): Page 1 of 1 Form Adopted for Mandatory Use Code of Civil Procedure§§ 412.20, 465 Judicial Council of California SUMMONS \.vww.courts.ca.gov SUM-100 IRev. July 1. 2009} For your protection and privacy, please press the Clear I .... _.!_ ... "''·'- ........... I l " - · -- ,.,_ ! - 11!- -···· I ,·:'!I!•.---·-··.••-·•• ·•- ...... ~.ii CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and addtess/: FOR COURT USE ONLY Adam Feldman, Esq. (SBN: 333667) Adam Feldman Law, APC., 5850 Canoga Ave., Ste 400, Woodland Hills, Ca 91367 ELECTRONICALLY FILED TELEPHONE No.: (818)710-3833 FAX No., Superior Court of California eMAILAooRess: info@adamfeldmanlaw.com County of Santa Barbara ATTORNEY FOR (NameJ:Plaintiff Darrel E. Parker, Executive Officer t:s-:--:u-=-pe=-=R::-10=-R=-c-=-o=-u-:R:-T:-O:-F:-C-A-L-IF-O-RN-IA-,-C-O-U-NTY_O_F_S_a_nta-B-ar-br_a_ _ _ _ _ _ _ _---l1/29/2024 11 :02 AM sTREETAooRess:312-c East cook street By: Blanca Delabra, Deputy MAILING A0ORESS:Same CITY AND 21P cooe:Santa Maria, CA 93454 BRANCH NAME:Santa Maria - Cook Division CASE NAME: Gabriela Anacona through her GAL Denisse Anacona Martinez v. Dignity Health dba Marian Regional Medical Center, and Does 1-100, Inclusive CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: m Unlimited (Amount D Limited (Amount D Counter D Joinder 24CV00455 demanded demanded is Filed with first appearance by defendant JUDGE: exceeds $35,000) $35 ,000 or less) (Cal. Rules of Court, rule 3.402) DEPT.: Items 1-6 below must be comoleted rsee instructions on oaae 21. 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation D Auto {22) D Breach of contracVwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) D Uninsured motorist (46) D Rule 3.740 ~llections (09) D AntitrusVTrade regulation (03) Other Pl/PO/WO (Personal Injury/Property D Other collections (09) D Construction defect (10) Damage/Wrongful Death) Tort D Insurance coverage (18) D Mass tort (40) D Asbestos (04) D Other contract (37) D Securities litigation (28) D Product liability (24) Real Property D Environmentalffoxic tort (30) CE] Medical malpractice (45) D Eminent domain/Inverse c::J Insurance coverage claims arising from the D Other Pl/PD/WO (23) condemnation (14) above listed provisionally complex case types(41) Non-PI/PO/WD (Other) Tort D Wrongful eviction (33) Enforcement of Judgment D Business tort/unfair business practice (07) D Other real property (26) D Enforcement of judgment (20) D Civil rights (08) Unlawful Detainer Miscellaneous Civil Complaint D Defamation (13) D Commercial (31) 0 RICO(27) D Fraud (16) D Residential (32) D Other complaint (not specified above) (42) D Intellectual property (19) D Drugs (38) Mlscellaneous Civil Petition D Professional negligence (25) Judicial Review D Partnership and corporate governance (21) CJ Other non-PI/PD/WD tort (35) D Asset forfeiture (05) Employment D Petition re: arbitration award (11) D Other petition (not specified above) (43) D Wrongful termination (36) D Writ of mandate (02) D Other employment {15) D Other judicial review (39) 2. This case D is 0 is not complex under rule 3.400 of the CaJifornia Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. D Large number of separately represented parties d. D Large number of witnesses b. D Extensive motion practice raising difficult or novel e. c::J Coordination with related actions pending in one or more issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal court c. D Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. 0 monetary b. D nonmonetary; declaratory or injunctive relief C. punitive m 4. Number of causes of action (specify): Two 5. This case O is [TI is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: 01/29/2024 ► ~ Adam Feldman, Esg. --,,t.:.....A:;...i..:=-~~~~~~.,,....,,==~=-=:-,,::::::-::----- TYPE OR PRINT NAME NOTICE • Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. • File this cover sheet in addition to any cover sheet required by local court rule. • If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. • Unless this is a collections case under rule 3. 740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1012 \.~!'.,~di!~~{."!,~~~::_~ Use CIVIL CASE COVER SHEET <:~~!',:~9~, ~::'_?:;~}:~:}:t':?:~~~;;·~~~ Cal. Rul~s-~1 0 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1. check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3. 740 Collections Cases. A "collections case" under rule 3. 740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3. 740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or. if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Clvll Litigation (Cal. Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) Damage/1/Vrongful Death Breach of Rental/Lease AntitrusVTrade Regulation (03) Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach-Seller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other Pl/PD/WO (Personal Injury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Tort Other Breach of Contract/Warranty case type listed above) (41) Asbestos (04) Collections (e.g., money owed, open Enforcement of Judgment Asbestos Property Damage book accounts) (09) Enforcement of Judgment (20) Asbestos Personal Injury/ Collection Case-Seller Plaintiff Abstract of Judgment (Out of County) Wrongful Death Other Promissory Note/Collections Case Confession of Judgment (non-domestic Product Liability (not asbestos or Insurance Coverage (not provisionally relations) toxic/environmental) (24) complex) (18) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award· Medical Malpractice- Other Coverage (not unpaid taxes) Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Case Other Pl/PD/I/VD (23) Real Property Miscellaneous Civil Complaint Premises Liability (e.g., slip Eminent Domain/Inverse RICO(27) and fall) Condemnation (14) Other Complaint (not specified above) (42) Intentional Bodily Injury/PD/I/VD Wrongful Eviction (33) Declaratory Relief Only (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) Injunctive Relief Only (non. Intentional Infliction of Writ of Possession of Real Property harassment) Emotional Distress Mortgage Foreclosure Mechanics Lien Negligent Infliction of Quiet Title Other Commercial Complaint Emotional Distress Other Real Property (not eminent Case (non-tort/non-complex) Other Pl/PO/I/VD domain, landlorclltenant, or Other Civil Complaint Non-Pl/PD/WO (Other) Tort foreclosure) (non-tort/non-complex) Business Tort/Unfair Business Unlawful Detainer Miscellaneous Civil Petition Practice (07) Commercial (31) Partnership and Corporate Civil Rights (e.g., discrimination, Residential (32) Governance (21) false arrest) (not civil Drugs (38) (if the case involves illegal Other Petition (not specified above) (43) harassment) (08) drugs, check this item; otherwise, Civil Harassment Defamation (e.g., slander, libel) (13) report as Commercial or Residential) Workplace Violence Fraud (16) Judicial Review Elder/Dependent Adult Abuse Intellectual Property (19) Asset Forfeiture (05) Election Contest Professional Negligence (25) . Petition Re: Arbitration Award (11) Petition for Name Change Legal Malpractice Writ of Mandate (02) Petition for Relief From Late Claim Other Professional Malpractice Writ-Administrative Mandamus Other Civil Petition (not medical or legal) Writ-Mandamus on Limited Court Other Non-Pl/PO/WO Tort (35) Case Matter Employment Writ-Other Limited Court Case Review Wrongful Termination (36) Other Judicial Review (39) Other Employment (15) Review of Health Officer Order Notice of Appeal-Labor Commissioner CM-010 !Rev. January 1, 2024} Page 2 of 2 CIVIL CASE COVER SHEET Print Form ... . ..... . ~ Clear Form ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.: FOR COURT USE ONLY Adam Feldman, Esq. (SBN: 333667) Adam Feldman Law. APC., 5850 Canoga Ave., Ste 400, Woodland Hills, Ca ELECTRONICALLY FILED 91367 - (T): (818)710-3833 - (E): info@adamfeldmanlaw.com Superior Court of California ATTORNEY FOR (NAMF:): Plaintiff County of Santa Barbara Darrel E. Parker, Executive Off cer SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA 1/29/2024 11 :02 AM 0 Santa Barbara-Anacapa !Bl Santa Maria-Cook 0 Lompoc Division By: Blanca Delabra , Deputy 1100 Anacapa Street 312-C East Cook Street 115 Civic Center Plaza Santa Barbara, CA 93101 Santa Maria, CA 93454 Lompoc, CA 93436 PLAINTIFF: Gabriela Anacona through her GAL Denisse Anacona Martinez DEFENDANT:Oignity Health dba Marian Regional Medical Center, and Does 1-100, Inclusive CASE NUMBE~:4CV00455 CIVIL CASE COVER SHEET ADDENDUM Santa Barbara County Superior Court Local Rule, rule 201 divides Santa Barbara County geographically into two separate regions referred to as "South County" and "North County," the boundaries of which are more particularly defined in rule 201. "South County" includes the cities of Carpinteria, Santa Barbara, and Goleta; "North County" includes the cities of Santa Maria, Lompoc, Buellton and Solvang. A map depicting this geographical division is contained in Appendix 1 to the local rules. Local Rule 203 provides: "When, under California law, 'North County' would be a 'proper county' for venue purposes, all filings for such matters shall be in the appropriate division of the Clerk's office in North County. Alf other filings shall be made in the Clerk's office in the appropriate division of the Court in South County. The title of the Court required to be placed on the first page of documents pursuant to CRC 2.111 includes the name of the appropriate Court division." A plaintiff filing a new complaint or petition is required by Local Rule 131 O to complete and file this Civil Case Cover Sheet Addendum to state the basis for filing in North County or South County. The undersigned represents to the Court: This action is filed in [&I North County D South County because venue is proper in this region for the following reason(s): Iv! . . . . . . . . 1400 e Church St, Santa Marla, CA 93454 ~ A defendant resides or has ,ts pnnc,pal place of business in this region at: [Bl The personal injury, damage to property, or breach of contract that is claimed in the complaint occurred in this region at: 1400 E Church St, Santa Maria, CA 93454 0 There is a related case filed with the court in this region (e.g., the related personal injury action to a petition to transfer structured settlement payments) [identify case, including case number): _ _ _ _ _ _ _ _ _ _ __ D Venue is otherwise proper in this region because [explain): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Dated: 01/29/2024 ~~ Signature of Plai({;(#,;,laintfff's Counsel Form Adopted for Mandatory Use CIVIL CASE COVER SHEET ADDENDUM Santa Barbara Superior Court Print Form Clear Form SC-2069 [New July 2018) Adam Feldman, Esq. (SBN: 333667) Adam Feldman Law, APC ELECTRONICALLY FILED 2 adam@adamfeldmanlaw.com Superior Court of California 3 info@adamfeldmanlaw.com County of Santa Barbara 5850 Canoga Avenue, Suite 400 Darrel E. Parker, Executive Officer 1/29/2024 11 :02 AM 4 Woodland Hills, CA 91367 By: Blanca Delabra , Deputy T: 818-710-38331 F: 818-710-3802 5 6 Attorney for Plaintiff: Gabriela Anacona through 7 her guardian ad !item Denisse Anacona Martinez 8 9 SUPERIOR COURT OF ST ATE OF CALIFORNIA 10 FOR THE COUNTY OF SANTA BARBARA 11 12 GABRIELA ANACONA through her guardian Case No.: 2 4 CV004 55 ad !item DENISSE ANACONA MARTINEZ, an 13 individual, COMPLAINT FOR DAMAGES: 14 1. MEDICAL NEGLIGENCE 15 Plaintiff, 2. ELDER ABUSE/NEGLECT 16 DEMAND FOR A JURY TRIAL V. 17 [AMOUNT DEMANDED EXCEEDS $35,000} 18 DIGNITY HEALTH dba MARIAN REGIONAL 19 MEDICAL CENTER, AND DOES 1-100, 20 Inclusive, 21 Defendants. 22 23 24 Plaintiff, GABRIELA ANACONA ("Plaintiff"), hereby submits this Complaint for Damages 25 against Defendants, DIGNITY HEALTH dba MARIAN REGIONAL MEDICAL CENTER, AND 26 DOES 1-50, Inclusive, and allege the following: 27 /// 28 /// COMPLAINT FOR DAMAGES THE PARTIES 2 1. At all relevant times, Plaintiff GABRIELA ANACONA was over the age of sixty-five 3 (65) (born on January 17, 1940) and was an "elder" within the meaning of California Welfare and 4 Institutions Code section 15610.27. 5 2. At all relevant times, Plaintiff was dependent on the care of her immediate family and 6 medical care providers. Plaintiff is exclusively a Spanish speaker. Plaintiff has been clinically diagnosed 7 with dementia. Plaintiff has a documented history of falls one of which was serious enough to warrant 8 surgical intervention for a spinal fracture attributed to said fall. 9 3. Due to mental incapacity, Plaintiff brings her claims by and through her guardian ad 10 !item, DENISSE ANACONA MARTINEZ. 11 4. DENISSE ANACONA MARTINEZ is a competent adult and at all times material hereto 12 the lawful daughter of Plain ti ff. 13 5. Defendants DIGNITY HEALTH dba MARIAN REGIONAL MEDICAL CENTER and 14 DOES 1-50 own and operate a hospital in Santa Maria California, County of Santa Barbra, doing 15 business as MARIAN REGIONAL MEDICAL CENTER (hereinafter referred to as "MRMC") located 16 at 1400 E Church St Santa Maria, CA 93454. At all times relevant MRMC was subject to the 17 requirements of federal and state law regarding the operation of hospitals and accredited medical centers 18 operating in the State of California. 19 6. Defendant DIGNITY HEALTH is the licensee of MRMC and MRMC is part of the 20 Dignity Health network and its policies and procedures. 21 7. Plaintiff is ignorant of the true names and capacities of those Defendants sued here as 22 DOES l through 100 and for that reason has sued such Defendants by fictitious names. Plaintiff will 23 seek leave of the Court to amend the Complaint to identify said Defendants once their identities become 24 known. 25 8. Plaintiff is informed and believes and upon such information and belief alleges that at all 26 times herein mentioned, Defendants and each of them, were the agents, ostensible agents, servants, 27 employees, assistants, and/or consultants of their co-Defendants and were, as such, acting within the 28 course, scope, purpose and authority of said agency and employment; that each and every defendant as 2 COMPLAINT FOR DAMAGES aforesaid, when acting as a principal, was negligent in the supervision, selection, hiring, proctoring, 2 granting of, reviewing and renewing staff privileges, of each and every other defendant as an agent, 3 servant, employee, assistant and/or consultant. 4 9. Plaintiff is informed and believes and upon such information and belief alleges that each 5 Defendant designated herein as a DOE was responsible, negligently, or in some other actionable 6 manner, for the events and happenings herein referred to, which proximately caused the injuries and 7 damages to Plaintiff as are hereinafter alleged. 8 JURISDICTION AND VENUE 9 10. This Court has personal jurisdiction over DIGNITY HEALTH dba MARIAN 10 REGIONAL MEDICAL CENTER ("MRMC") AND DOES l to 100 because said Defendants were, at 11 all relevant times, doing business in the State of California, in the County of Santa Barbra, as set forth in 12 the paragraphs above, and as incorporated by reference here as though fully set forth herein. In the 13 course of engaging in such business, the conduct of each of the Defendants caused injury to Plain ti ff as 14 set forth more fully below. 15 11. Venue in this judicial district is proper because Defendants named herein conduct J6 business in this district in a manner that has caused injury to Plaintiff as set forth more fully below. 17 12. Pursuant to CCP 364 Plaintiff provided notice of this lawsuit to all Defendants on 18 January 2, 2024, of thi~ action, which extends the applicable statute of limitations by 90 days. An agent 19 of named Defendant DIGNITY HEALTH dba MARIAN REGIONAL MEDICAL CENTER 20 ("MRMC") signed the domestic return receipt that was returned to this Law Firm upon delivery of said 21 364 Letter. 22 GENERAL ALLEGATIONS 23 13. All the acts described herein constituted an ongoing practice and pattern of neglect and 24 abuse committed by Defendants. 25 14. Plaintiff, at the time of the alleged incident, was an 83 -year - old female. She was and 26 is exclusively a Spanish speaker with clinically diagnosed dementia. 27 Ill 28 Ill 3 COMPLAINT FOR DAMAGES 15. In the years leading up to this alleged incident, Plaintiff was living with her daughter and 2 son in law with her two grandchildren. In spite of her dementia, Plaintiff still played an active role in her 3 families' lives cooking, playing, traveling, and spending quality time with her children and 4 grandchildren. She was still ab!~ to recognize her family members and live a meaningful life with those 5 she loved. 6 16. In addition to her dementia, Plaintiff had a prior medical history of falls, one of which 7 was so serious that she suffered an L4 burst fracture in 2020. She was treated for this burst fracture at 8 MRMC. 9 17. In 2021, Plaintiff suffered another fall while playing with her grandchildren that l0 aggravated her L4 burst fracture. She then presented to MRMC where physicians discovered that in 11 addition to her L4 burst fracture, Plaintiff had sustained T 1, T2, and T6 compression fractures because 12 of this second fall. On August 2, 2021, Plaintiff underwent an L4 kyphoplasty for the L4 burst fracture 13 at MRMC. 14 18. A kyphoplasty is a minimally invasive procedure used to treat vertebral compression 15 fractures and unstable burst fractures by inflating a balloon to restore bone height then injecting bone J6 cement into the vertebral body. This type of procedure and the recovery associated with it is generally 17 less difficult to tolerate for dependent adults than surgical options that require metal hardware to be 18 implanted into the spine. 19 19. After this surgery, Plaintiff made a full recovery and returned to her everyday life with 20 her family. Once she recovered, Plaintiff was still able to perform most of her activities of daily living 21 including dressing herself, cooking meals with her daughter, bending over to play with her 22 grandchildren, and ambulating freely throughout her family's home. 23 20. On February 4, 2023, Plaintiff suffered an unwitnessed fall at home where during her fall, 24 her back struck a wall. She began to feel pain in the same region of her lumbar spine that she 25 experienced before her kyphoplasty surgery in 2021. She communicated her pain to her daughter and 26 son in law after this fall who then took Plaintiff for an evaluation at MRMC. 27 21. When Plaintiff presented at MRMC on February 4, 2023, post fall, she complained of 28 bilateral hip pain and an inability to ambulate. 4 COMPLAINT FOR DAMAGES 22. An X-ray of her pelvis showed no new fractures. Plaintiff was discharged home with 2 Norco and Lidocaine topical patches and instructed to follow up with her primary care physician Dr. 3 Desmond in the next few days. Additionally, the imaging of Plaintiffs pelvis and low back performed 4 on February 4, 2023, did not show any injuries to her right hip or femur. 5 23. Plaintiff's pain did not subside in the days following February 4, 2023. Her family, 6 concerned, ultimately brought Plaintiff back to MRMC with worsening pain and limited ability to 7 ambulate. Plaintiff had not had any relief using oral and topical pain management options. 8 24. Upon presentation to MRMC on February 7, 2023, Plaintiff complained of low back pain 9 pelvic pain, and difficulty ambulating. Her vital signs were within normal limits. She had a normal chem IO panel and CBC. 11 25. Rather than a second X-ray, staff at MRMC decided to perform a CT scan of Plaintiffs 12 pelvis. This CT came back negative for any fractures or internal injuries. 13 26. MRMC staff also performed a CT scan of Plaintiffs lumbosacral spine. This CT scan 14 demonstrated a new finding of a left L3 inferior endplate region compression fracture with 20% 15 vertebral body height loss and resulting mild central canal and bilateral foraminal stenosis. There was 16 also her prior L4 burst fracture deformity and moderate right central canal stenosis. Neurosurgery was 17 contacted. 18 27. MRMC staff ultimately decided to admit Plaintiff for observation. Plaintiff was then 19 admitted in the early morning hours of February 8, 2023, into the care and custody ofMRMC. 20 28. Plaintiffs daughter DENISSE ANACONA MARTINEZ went on record with MRMC 21 personnel to ensure that her mother's care team was aware of Plaintiffs dementia diagnosis and the 22 language barrier. Indeed, Plaintiffs medical records maintained by MRMC reflect her dementia 23 diagnosis and language barrier. 24 29. Once admitted, imaging studies, and intake interviews with Plaintiffs family were 25 conducted, at 5:26am on February 8, 2023, Dr. John Newlander assessed Plaintiff where he stated, "I 26 suspect she will require less than 2 midnights hospitalization. She is a full code with a fair prognosis." 27 28 5 COMPLAINT FOR DAMAGES 30. One of the tools that MRMC uses to assess patient specific needs upon admission, is the 2 Johns Hopkins Fall Risk Assessment. This fall assessment is geared toward reducing the chances of a 3 patient fall while admitted. The Assessment results in each patient receiving a numeric score. 4 31. Numeric scores are calculated as low {<6), moderate (6-13), or high fall risk (>13). The· 5 highest numeric score a patient can receive is a 28 meaning they are categorized as an extremely fall 6 risk. 7 32. Upon· admission, Plaintiff received a JHFRA score of 28. 8 33. According to MRMC's policies and procedures, patients who are classified as high fall 9 risks require extra precautions to prevent against foreseeable harm caused by a fall. Some of these 10 preventions include but are not limited to: ( 1) the application of fall mats, (2) moving the patient closer 11 to the nurses POD, (3) activating the bed and chair alarms, (4) use of the Avasure virtual nurse system, 12 and (5) for nurses to remain within the arms-length of patients when toileting. None of these precautions 13 were taken. 14 34. Plaintiff was tagged with a "Fall Risk" wrist band and placed in a hospital room away 15 from the nearest nursing POD with a "Fall Risk" label on the door no larger than a name tag. 16 35. On the night of February 9, 2023, different MRMC personnel provided Plaintiffs family 17 with conflicting versions of events. Based on the testimony given under penalty of perjury to an 18 investigator sent to MRMC by the California Department of Public Health during a June 13, 2023, 19 investigation, a registered nurse was assigned to care for Plaintiff on February 9, 2023. RNI admitted 20 the following: 21 • She was aware that Plaintiff was a high fall risk. 22 • She observed Plain ti ff seated on the edge of her bed with her legs dangling over the edge. 23 • She observed that Plaintiff was visibly agitated and refused redirection to lay back into 24 bed. 25 • She was unable to secure Plaintiff into bed. 26 • She left Plaintiff unattended despite knowing she was a high fall risk. • When she returned to the unattended plaintiff, she found her on the floor complaining of 27 severe leg pain. 28 6 COMPLAINT FOR DAMAGES • She admitted to seeing Plaintiffs leg clearly deformed and extremely swollen. 2 36. This preventable fall resulted in Plaintiff suffering a proximal femoral diaphysis oblique 3 fracture of the right hip. Ortho was contacted immediately, and Plaintiff was taken in for an emergency 4 open reduction and internal fixation ("ORIF") of her right subtrochanter