Motion,Ex Parte: Gabriela Judith Anacona vs Dignity Health

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                                1   Adam Feldman, Esq. (SBN: 333667)
     Adam Feldman Law, APC
 2   adam@adamfeldmanlaw.com
 3   info@adamfeldmanlaw.com
     5850 Canoga Avenue, Suite 400
 4   Woodland Hills, CA 91367
     T: 818-710-3833 | F: 818-710-3802
 5
 6   Attorney for Plaintiff:
     Gabriela Anacona through
 7   her guardian ad litem
     Denisse Anacona Martinez
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 9                           SUPERIOR COURT OF STATE OF CALIFORNIA
10                                 FOR THE COUNTY OF SANTA BARBARA
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12    GABRIELA ANACONA through her guardian                   Case No.: 24CV00455
      ad litem DENISSE ANACONA MARTINEZ, an                   Complaint Filed: January 29, 2024
13    individual,                                             Assigned: Honorable James F. Rigali
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                                                              DECLARATION OF ADAM FELDMAN,
15                    Plaintiff,                              ESQ., IN SUPPORT OF PLAINTIFF
                                                              GABRIELA ANACONA’S OPPOSITION
16                                                            TO DEFENDANT DIGNITY HEALTH dba
17           v.                                               MARIAN REGIONAL MEDICAL
                                                              CENTER’S DEMURRER TO
18                                                            PLAINTIFF’S COMPLAINT
      DIGNITY HEALTH dba MARIAN REGIONAL
19    MEDICAL CENTER, AND DOES 1-100,                         [Opposition filed concurrently]
20    Inclusive,

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                      Defendants.
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24          I Adam Feldman declare as follows:
25          I am an attorney duly licensed to practice before all courts in the state of California and am

26   attorney of record for Plaintiff GABRIELA ANACONA who has brought this action by and through her

27   guardian ad litem DENISSE ANACONA MARTINEZ. I have personal knowledge of the facts set forth

28   herein and if called upon as a witness, I could and would testify as follows:


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     DECLARATION OF ADAM FELDMAN, ESQ., IN SUPPORT OF PLAINTIFF GABRIELA ANACONA’S OPPOSITION TO DEFENDANT
           DIGNITY HEALTH dba MARIAN REGIONAL MEDICAL CENTER’S DEMURRER TO PLAINTIFF’S COMPLAINT
 1           1.      Plaintiff’s complaint for damages and accompanying documents were served on the
 2   Defendant on March 4, 2024.
 3           2.      On March 20, 2024, Defendant’s attorneys of record served this office with a meet and
 4   confer letter asserting that Plaintiff’s Complaint “failed to state facts sufficient to constitute a cause of
 5   action for elder abuse/neglect.”
 6           3.      On March 22, 2024, I personally reached out to coordinate a phone call with counsel for
 7   Defendant in an attempt to resolve this issue.
 8           4.      On March 25, 2024, I had a phone conversation with counsel for Defendant wherein we
 9   were unable to resolve this dispute. Counsel for Defendant is resolute in the position set forth in their
10   meet and confer letter. This office is resolute in our position that Plaintiff’s Complaint indeed states
11   facts sufficient to constitute a cause of action for elder abuse/neglect.
12           5.      I declare under penalty of penalty of perjury under the law of the State of California that
13   the foregoing true and correct. Executed this day of March 27, 2024, at Woodland Hills California.
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15   Dated: April 16, 2024                                   ADAM FELDMAN LAW, APC

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                                                                     By:_______________________________
17                                                                   Adam Feldman, Esq.
18                                                                   Attorney for Plaintiff:
                                                                     GABRIELA ANACONA through her
19                                                                   guardian ad litem DENISSE ANACONA
                                                                     MARTINEZ
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     DECLARATION OF ADAM FELDMAN, ESQ., IN SUPPORT OF PLAINTIFF GABRIELA ANACONA’S OPPOSITION TO DEFENDANT
           DIGNITY HEALTH dba MARIAN REGIONAL MEDICAL CENTER’S DEMURRER TO PLAINTIFF’S COMPLAINT
                                             PROOF OF SERVICE
 1
 2           I am employed in the County of Los Angeles, State of California. I am over the age of 18 years
     and not a party to the within action; my business address is 5850 Canoga Ave., Suite 400, Woodland
 3   Hills, CA 91367.

 4          On April 16, 2024, I served the foregoing document described as: PLAINTIFF GABRIELA
     ANACONA’s OPPOSITION TO DEFENDANTS DEMURRUR AND DECLARATION OF ADAM
 5   FELDMAN, ESQ., on the parties to this action by placing a true copy thereof in a transmission or sealed
     envelope or package addressed to the person(s) at the address(es) as set forth below and caused said
 6   envelope, package, or transmission, to be served in the following manner:
 7   ____ BY MAIL. I caused such envelope or package with postage thereon fully prepaid to be placed in
          the United States mail at Woodland Hills, California.
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     ____ BY FAX. I caused such documents to be faxed at Woodland Hills, California from fax number
 9        8187103802.
10   ____ BY PERSONAL SERVICE. I caused such envelope or package to be delivered by hand to the
          addressee(s).
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12   ____ BY OVERNIGHT MAIL. I caused such documents to be placed in a sealed envelope and
          delivered to an overnight courier company for overnight service to the office(s) of the addressee(s).
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     __X__ BY ELECTRONIC MAIL. By e-mailing the above referenced document(s) to the person(s) at
14       the e-mail address(es) of the addressee(s).

15   ADDRESSEE(S):
      J. Lynn Stokes-Pena Esq.
16    CLINKENBEARD, RAMSEY, SPACKMAN
      & CLARK, LLP
17    P.O. Box 21007
      Santa Barbara, CA 93121
18    Phone: (805) 965-0043
      Fax: (805) 965-8894
19    Istokes@crslawfirm.com

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            I declare under the penalty of perjury under the laws of the State of California that the foregoing
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     is true and correct. Executed on April 16, 2024 at Woodland Hills, California.
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                                               By: _________________________________
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                                                   Adam Feldman
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