Preview
1 Dennis R. Thelen, Esq., SBN 83999
Alan J. Mish, Esq., SBN 150771
2 LAW OFFICES OF
LEBEAU • THELEN, LLP
3 5001 East Commercenter Drive, Suite 300
Post Office Box 12092
4 Bakersfield, California 93389-2092
(661) 325-8962; Fax (661) 325-1127
5
Attorneys for Defendant ADVENTIST HEALTH DELANO
6
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF KERN - METROPOLITAN DIVISION
10
11 JORGE TORRES ACEVES, Case No.: BCV-21-101985 GP
12 Plaintiff, Div. J
13 vs. DECLARATION OF ALAN J. MISH IN
SUPPORT OF MOTION FOR SUMMARY
14 ADVENTIST HEALTH DELANO; and DOES 1 JUDGMENT BY DEFENDANT ADVENTIST
through 50, Inclusive, HEALTH DELANO
15
Defendants.
16 Date: July 18, 2024
Time: 8:30 a.m.
17 Division: J
18
19
Case Filed: August 26, 2021
20 _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___. Trial Date: April 29, 2024
21 I, Alan J. Mish, declare as follows:
22 1. I am an attorney at law duly admitted to practice before this Court and am a partner of
23 the law firm of LeBeau-Thelen, LLP, attorneys of record herein for defendant, Adventist Health
24 Delano. I have personal knowledge of the matters set forth herein and if called upon, could
25 competently testify thereto.
26 2. Defendant brought a motion to have requests for admissions deemed admitted. The
27 court heard the motion on March 5, 2024, the Honorable Gregory A. Pulskamp presiding.
28 -I-
DECLARATION OF ALAN J. MISH IN SUPORT OF MOTION FOR SUMMARY JUDGMENT
BY DEFENDANT ADVENTIST HEALTH DELANO
4887-8648-9205, V. 1
I 3. Alan J. Mish appeared on behalf of defendant, Adventist Health Delano. There was no
2 appearance by the plaintiff.
3 4. The court, having reviewed the moving papers and reply, and having received no
4 opposition, rules as follows: that the following matters are deemed admitted:
5 (i) Defendant fully complied with the standard of care in providing medical care,
6 management and treatment to plaintiff;
7 (ii) Plaintiff has no facts supporting any assertion that defendant failed to comply
8 with the standard of care with respect to the medical management and treatment rendered to plaintiff;
9 (iii) The defendant committed no act which contributed directly or indirectly to
10 plaintiffs alleged injuries in this action.
11 (iv) Plaintiff has no facts to support the claim that defendant's action contributed
12 directly or indirectly to plaintiffs injuries as asserted in this action.
13 (v) The defendant did not commit any failure or omission which in any way
14 directly or indirectly caused or contributed to plaintiffs injuries as asserted in this action.
15 (vi) Plaintiff has no facts to support his contention that any failure or omission in
16 any way directly or indirectly by this defendant caused or contributed to plaintiffs alleged injuries in
17 this action.
18 5. A copy of the signed order granting the Motion for Requests for Admissions Be
19 Deemed Admitted is attached hereto as Exhibit "A."
20 6. A true and correct copy of plaintiffs Complaint is attached as Exhibit "B."
21 I declare under penalty of perjury under the laws of the State of California that the foregoing
22 is true and correct. Executed this 23rd day of April, 2024, at B ersfield, California.
23
24
25
26
27
-2-
28 DECLARATION OF ALAN J. MISH IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
BY DEFENDANT ADVENTIST HEALTH DELANO
4887-8648-9205, V. 1
HEATHER V. CHOUDHARY
EXHIBIT
EXHIBIT A
Electronically Received: 3/12/2024 2:53 PM
1 Dennis R. Thelen, Esq., SBN 83999 FILED
Alan J. Mish, Esq., SBN 1S0771
LAW OFFICES OF KERN COUNTY SUPERIOR COL RT
2
LEBEAU• THELEN, LLP 3/25/2024
3 S001 East Commercenter Drive, Suite 300
Post Office Box 12092 BY Dickey, Leslie
4 Bakersfield, California 93389·2092
(661) 325•8962; Fax (661) 32S·l 127 DEPUTY
s Attorneys for Defendant ADVENTIST HEALlH DELANO
6
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF KERN - METROPOLITAN DMSION
10
11 JORGE TORRES ACEVES, Case No.: BCV•21·10198S DRZ
12 Plaintiff, Div. J
1- - --
13 vs. ~•• ORDER ON DEFENDANT'S
1~
- "MOTION TO HAVE MATTERS DEEMED
14 ADVENTIST HEALTH DELANO; and DOES I ADMi'l"l'ED
through SO, Inclusive,
IS Date: March S, 2024
Defendants. Time: 8:30 a.m.
16 Div.: J
17
18 Case Filed: August 26, 2021
_ _ _ _ _ _ _ _ _ _ _ _ _ _ Trial Date: April 29, 2024
19
Defendant Adventist Health Delano's Motion to have matters deemed admitted came before
20
this court on March S, 2024, the Honorable Gregory A. Pulskamp presiding. Alan J. Mish appeared
21
on behalf of defendant Adventist Health Delano. There was no appearance on behalf of the plaintiff.
22
The court having reviewed the moving papers and reply, and having received no opposition,
23
rules as follows:
24
The following matters are deemed admitted:
25
I. Defendant fully complied with the standard of care in providing medical care,
26
management and treatment to plaintiff.
27
2. Plaintiff has no facts supporting any assertion that defendant failed to comply with the
28
- I-
__reB.0- __...:!!] ORDER ON DEFENDANT'S MOTION TO HAVE MATIERS DEEMED ADMITIED
4871•3736-1323, V. 1
1 standard of
standard of care
care with
with respect
respect to
to the medical management
the medical management and
and treatment
treatment rendered
rendered to
to plaintiff.
plaintiff.
=
YH)
2 a
3. The defendant
The defendant committed
committed no
no act
act which
which contributed
contributed directly
directly or
or indirectly
indirectly to
to plaintiff's
plaintiff's
3 alleged injuries
alleged injuries in
in this
this action.
action.
WD
4 4.
4. Plaintiff
Plaintiff has no facts
has no facts to
to support
support the
the claim
claim that defendant’s action
that defendant's action contributed
contributed directly
directly or
or
Be
5 indirectly to
indirectly to plaintiff's injuries as
plaintiff's injuries as asserted
asserted in
in this
this action.
action.
OH
6 5.5. The defendant
The defendant did
did not
not commit
commit any
any failure
failure or
or omission
omission which
which in
in any
any way
way directly
directly or
or
A
7 indirectly caused
indirectly caused or
or contributed
contributed to
to plaintiffs injuries as
plaintiff's injuries as asserted
asserted in
in this
this action.
action.
NH
8 6.
6. Plaintiff has
Plaintiff has no
no facts
facts to
to support
support his
his contention
contention that
that any
any failure
failure or
or omission
omission in
in any
any way
way
co
directly or
or indirectly
indirectly by this defendant
defendant caused
caused or
or contributed
contributed to
to plaintiff's
plaintiff's alleged injuries in
alleged injuries in this
this
Oo
9 directly by this
10 action.
action.
OS
11 The court
The court awards
awards monetary
monetary sanctions
sanctions of
of $830.
$830.
—=
12 IT IS SO
IT IS SO ORDERED.
ORDERED.
NY
—
13 Dated: March__,
Dated: March __, 2024
2024
WBS
Fe
Signed: 3/25/2024
Signed: 3/25/2024 09:33
09:33 AM
AM
F&F
BCV-21-101985 YA, AP»
14
BCV-21-101985
1S Judge of
of the
the Superior
Superior Court
Court
AH
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Judge
16
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17
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Boe
18
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20
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NO
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28
NY
-2-
-2-
__[PROPOSED] ORDER ON DEFENDANT’S MOTIONTO
DJ ORDER ON DEFENDANT'S MOTION TO HA
HAVE MATTERS DEEMED
VE MATTERS DEEMED ADMITTED
ADMITTED
4871-3736-1323, v. 1
4871-3736-1323,v. 1
HEATHER V. CHOUDHARY
EXHIBIT
EXHIBIT B
1 Steven D. Davis, Esq. (SBN 89310) ELECTRONICALLY FILED
Diane M. Daly, Esq. (SBN 149574) 8/26/2021 11 :28 AM
Kem County Superior Court
2 STEVEN D. DAVIS LAW GROUP, APC
By Vickie Fogerson, Deputy
9696 Culver Blvd., Suite 104
3 Culver City, california 90232-2740
Tele\)hone: (310) 394-9887
4 Facsmrlle: (310) 395-4023
5 Attorneys for Plaintiff, JORGE TORRES ACEVES
(File No.: CF5297)
6
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FORTHECOUNTYOFKERN
10
11
JORGE TORRES ACEVES, ) CASE NO. BCV-21-101985
12. ) . .
Plaintiff, )COMPLAINTFORDAMAGES
~
13
v. 1. Medical Malpractice
14 )
ADVENTIST HEALTH DELANO; and DOES)
15 1 through 50, Inclusive, )
)
16 Defendants. )
17
18 COMES NOW, plaintiff, Jorge Torres Aceves, and alleges against defendants, and each
19 of them, as follows:
20 1. Plaintiff Jorge Torres Aceves is an individual and at the time ofthe incident was
21 a resident of the County of Kern, State of California.
22 2. Plaintiff is informed and believes and thereon alleges that at all times
23 mentioned defendant Adventist Health Delano was and is a general acute care hospital as
24 defined by Health & Safety Code section 1250, licensed by the State of California.
25 3. The true names and capacities, whether individual, corporate, associate, or
26 otherwise, of defendants named herein as DOES 1 through 50, inclusive, are unknown to
27 plaintiff, who therefore sues said defendants by such fictitious names and plaintiff will
28 amend this Complaint to show their true names and capacities when the same have been
P:1,Acevu-CP5297\complalnt,wpd -1-
COMPLAINT FOR DAMAGBS
1 ascertained.
2 4. Plaintiff is informed and believes and thereon alleges that each of the
3 defendants designated herein as DOE is responsible in some manner for the events and
4 happenings as herein referred to, and caused injuries and damages proximately thereby to
5 plaintiff as herein alleged.
6 5. Plaintiff is informed and believes and thereon alleges that at all times herein
7 mentioned, Doe defendants 1 through 50, inclusive, were individuals and/ or business
8 entities, licensed to perform health care services by the State of California, or that such
9 individuals and/or business entities held themselves out as duly licensed and authorized by
10 the State of California to perform health care services, and each of said defendants did
11 perfonn medical, nursing, hospital and related services affecting plaintiff Jorge Torres
12 Aceve_
s in the manner hereinafter described.
13 6. At all times herein mentioned, each of the defendants was the agent, employee
14 or partner of each of the remaining defendants and was at all times herein mentioned·acting
15 within-the scope of such agency, employment or partnership.
16 7. On or about February 26, 2021, plaintiff Jorge Torres Aceves was admitted to
17 Adventist Health Delano for evaluation of an acute stroke. At the time of admission, plaintiff
18 Jorge Torres Aceves was assessed to be a high fall risk. On or about March 2, 2021, plaintiff
19 Jorge Torres Aceves fell while going to the restroom-due to defendants' negligence. As a
20 result of defendants' negligence plaintiff Jorge Torres Aceves suffered injuries, including a
21 fractured right hip.
22 8. As a direct and proximate result of the negligent acts and omissions of. the
23 defendants, and each of them, as alleged above, plaintiff Jorge Torres Aceves suffered
24 inju~es, pain and suffering, and had to obtain and pay the cost of additional medical ·a nd
25 hospital care and treatment. Plaintiff Jorge Torres Aceves will ask leave of court to amend
26 this complaint to state the exact amounts when the same have been ascertained.
27 WHEREFORE, plaintiff Jorge Torres Aceves prays that:
28 1. The court enter judgment in favor of plaintiff and against defendants, and each
P:~ • CP529'1\complalnt.wpd -2-
COMPLAJNTFORDAMAGES
of them,
1 of them, for
for general
general and
and special
special damages,
damages, according
according to
to proof;
proof;
2 2.
2. The court
The court award
award plaintiff costs of
plaintiff costs of suit
suit incurred
incurred herein;
herein; and
and
3 3.
3. The court
The court grant
grant such
such other
other and
and further
further relief
relief as
as itit deems
deems just
just and
and proper
proper under
under
the circumstances.
4 the circumstances.
s
DATED: August
DATED: August 25 _, 2021
·zs .2021 STEVEN
STEVEN D. DAVIS LAW
D. DAVIS LAW GROUP,
GROUP, APC
APC
6
7
8
~
STEVEN D. DAVIS
Attorneys for
Attorneys for Plaintiff,
Plaintiff,
JORGE TORRES
JORGE ACEVES
TORRES ACEVES
9
10
11
·12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CF5297\complaint.wpd
F:\Aceves -- CJ1529'1\compalnt.wpd
Jl:\A=ff, -3-
-3-
COMPLAINT FOR
COMPLAINT FOR DAMAGES
DAMAGES
CM-010
ATTORNEY OR PARTY WllHOUT ATTOANEY (Name, state Bat IIUIIIIHlr, and lldd,_.J; FOR COURT USE ON1. Y
>-Steven D. Davis, Esq. SBN: 89310
STEVEN D. DAVIS LAW GROUP, APC
9696 Culver Blvd., Suite 104, Culver City, CA 90232
lELEPHONE N0.,310 394-9887 FAX NO~ 3} 0 3 95-4023
ELECTRONICALLY FILED
ATTORNEYFOR/NameJ:Plaintiff. Jorize Torres Aceves
8/26/2021 11 :28 AM
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KRRN Kem County Superior Court
STREET ADDREss, 1415 Truxtun A venue By Vickie Fogerson, Deputy
MAILING ADDRESS, 1415 Truxtun Avenue
cirv AND 21P cooE: Bakersfield, 93301
BRANCH NAME: Metro Division
CASE NAME: ACEVES V. ADVENTIST
CASE NUMBER: •
CIVIL CASE COVER SHEET Complex case Designation
[i] Unlimited D
Limited BCV-21-101985
(Amount (Amount D Counter D Jolnder
JUDGE:
demanded demanded is Flied with first appearance by defendant
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
Items 1-6 below must be completed (see Instructions on page 2).
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
D Auto (22) DBreach of contract/Warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
D Uninsured motorist (46) DRule 3.740 collections (09) D Antitrust/Trade regulation (03)
Other PI/PD/WD (Personal Injury/Property DOther collections (09) D Construction defect (10)
Damage/Wrongful Death) Tort D Insurance coverage (18) D Mass tort (40)
D Asbestos (04) DOther contract (37) D Securities li1igatlon (28)
D Product liabi!Hy (24) Real Property D Environmental/Toxic tort (30)
[iJ Medlcel malprae11ce (45) D Eminent domain/Inverse D Insurance coverage claims arising from the
D Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case
Non-Pl/PD/WO (Other) Tort DWrongful eviction (33) types (41)
D Business tort/unfair business practice (07) DOther real property (26) Enforcement of Judgment
D Clvil rights (08) Unlawful Detainer D Enforcement of judgment (20)
D Defamation (13) D Commercial (31) Mlacellanaous Civil Complaint
D Fraud (18) • D Residential (32) 0 RICO(27)
D lnteDectual property (19) D Drugs (38) D Other complaint (not specHfed above) (42)
D Professional negligence (25) Judlclal Review Miscellaneous Civil Petition
D Other non-PI/PD/WD tort (35) DAsse1 forfeiture (05) D Partnership and corporate governance (21)
Employment D D
Pe11tlon re: arbitration award (11) Other pet111on (not spec{Hsd above) (43) .
D Wrongful termination (36) DWrit of mandate (02)
D Other employment (15) r7Other iudlcial review (39)
2. This case LJ Is W Is not complex under rule 3.400 of the California 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. D Coordination with related actions pending In one or more courts
issues that wiU be llme-oonsuming to resolve 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.Ci] monetary b.D nonmonetary; declaratory or Injunctive relief c. □ punitive ·
4. Number of causes of action (specify): one
5. This case D
ls [i] 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: August 1 ~ , 2021
Steireti D Davis, E~iiEoRPRJNTNAMEI
• Plaintiff must file this cover sheet with the Hrst paper filed In the action or proceeding (except small clalms oases or cases flied
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 onlv.
... 1 of
Folffl Ad,ptedfur Mandaloly \Jae
Jl.dclal Councl of Callomla
CIVIL CASE COVER SHEET ca1. i:u..!;.-;~~~~~~;~
R~'t
www.courttnA:l.ca,gov
CM-010 (Rev. July I, 2007]
- w Doc• Fann aulld.-
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. If you are flllng a first paper (for example, a complaint) In a clvll 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 complle
statistics about the types and numbers of cases flied. 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 flied only with your Initial paper. Failure to file a cover sheet wlth the first paper filed In a clvll 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 Callectlona cases. A "collections case• under rule 3.740 ls 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 ldentlflcation of a case- as a rule 3.740 collections case on this form means that It wlll be exempt from the general
time-tor-service requirements and case management rules, unless a defendant flies a responsive pleadlng. A rule 3.740 collec~ons
case will be subject to the requirements for service and obtaining a judgment in rule a 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 beDeves 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 Ille and serve no later than the time of Its first appearance a Jolnder In the
plaintiff's designation, a counter-designation that the case Is not complex, or, If the plaintiff has made no designation, a designation that .
the case ls complex. CASE TYPES AND EXAMPLES
Auto Tort Contract Provfslonally Complex CMI Litigation (Cal.
Auto (22)-?ersonal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403)
Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (if the Contract (not unlawful detainer Cons1ruct1on Defect (1 0)
case involves an uninsured or wrongful eviction) Clalms lnvolvlng Mass Tort {40)
motorist cleim subject to Contract/Warranty Breach-Seller Securities Litigation (28) •
arbitration, chech this item Plaintiff (not fraud or negUgence) EnvironmentaVToxlc Tort (30)
insleed of ,1uto) Negligent Breach of Contracl/ Insurance Coverage Claims
Other PUPD/WD (Personal Injury/ Warranty (arising from provfslonaUy complex
Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type lfsted above) (41)
Tort Collections (e.g., money owed, open Enforcement o1 Judgment
Asbestos (04) book accounts) (09) Enforcement of Judgment (20)
Asbestos ?roperty Damage Collection C8se-Seller Plaintiff Abstrad of Judgment (Out of
Asbestos Personal Injury/ Other Promissory Note/Collections County)
Wrongful Death Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (not provislonal/y domestic relalions)
toxlc:lenvfronmental) (24)
complex) (18) Sister State Judgment
Medical Malpracllce (45) Auto Subrogation Administrative Agency Award
Medical Malpractice- Other Coverage (not unpaid taxes)
Physicians & Surgeons Other Contract {37) Petltlon/Certlffcatlon of Entry of
Other ?rofesslonal Health Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Real Property Case
Other Pl/PD/WO (23)
Premises Uabillty (e.g., slip Eminent Domain/Inverse Mlacellaneous Clvfl Complaint
Condemnation (14) RIC0{27)
and faH)
Intentional Bodily Injury/PD/WO Wrongful Evlcllon (33) Other Complaint (not specified
above){42)
(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26)
Intentional Infliction ol Declaratory Relief Only
Writ of Possession of Real Property Injunctive Relief Only (non-
Emotional Distress Mor1gage Foreclosure harassment)
Neglfgent Infliction of Quie1Tllle
Emotional Distress Mechanics Lien
Other Real Property (not eminent Other Commercial Complaint
Other Pl/PD/WO domain, landlord/tenant, or Case (non-tort/non-complex)
Non-Pl/PD/WO (Other) Tort foreclosure)
Other Civil Complaint
Business TorVUnfalr Business Unlawful Detainer (non-tort/nol'HX)mp/ex)
Practice (07) Commercial (31) MlsceRaneous CMI Petition
Civil Rights (e.g., discrimination, Residential (32) Partnership and Corporate
false arrest) (not civil Drugs (38) (if the case involves illegal Governance (21)
harassment) (08) dnl(JS, chech this item; otherwise, Other Petition (not specified
Defamation (e.g., slander, libel) report as Commeroial or Residential) above) (43)
(13) Judicial Ravlaw Civil Harassment
Fraud (16) Asset Forfeiture {05) Worltplace Violence
Intellectual Property (19) Petition Re: Arbitration Award {11) Elder/Dependenl Adult
Proles&lonal NagHgence {25) Writ of Mandate (02) Abuse
Legal Malpractice Writ-Administrative Mandamus Electloo Contest
Other Professional Malpractice Writ-Mandamus on Limited court • Petition for Name Change
(not medics/ or legal) Case Matter Peti1ion for Relief From Late •
Other Non-PVPD/WD Tori {35) Writ-Other Limited Court Case Clalm
Employment Review Other Civll Petition
Wrongful Termination {38) Other Judicial Review (39)
Other Employment {15) Review of Health Officer Order
Notice of AppeaH..abor
Commissioner Appeals
~tO(Rev.July 1,20071 Paga2ot2
CIVIL CASE COVER SHEET
FOR COURT USE ONLY
-:_. SUPERIOR COURT OF CALIFORNIA
FIL.ED
COUN'IY OF KERN SUPERIOR CoURT OF CALIFORNIA
BAKERSFIELD COURT pouNTY OF KERN
1415 TR.UXTUN AVENUE AUGUST 30, 2021
BAKERSFIELD CA 93301 BY Vi,.c,k..i.t,, FO:SCrt::S:9!1/ DEPUTY
PLAINTIFF/PETITIONER:
JORGE TORRES ACEVES
DEFENDANT/RESPONDENT:
ADVENTIST HEALTH DELANO
CASE NUMBER:
NOTICE OF ASSIGNMENT TO JUDGE FOR ALL PURPOSES AND
NOTICE OF ORDER TO SHOW CAUSE RE CRC RULE 3.110 AND BCV-21-101985
NOTICE OF CASE MANAGEMENT CONFERENCE
By order of the presiding judge, the above entitled case is assigned to the Honorable Bernard C. Bannann. JR for all purpbses.
It will be managed on the direct calendar program in Bakersfield Department 10 until its conclusion. Peremptory challenges, ••
if any, must be made within the times set out in CCP § 170.6. Please include the initials BCD after the case number on all
future pleadings filed in this case. •
TO PLAINTIFF AND PLAINTIFF'S COUNSEL:
You are ordered to appear on December 13, 2021 in Bakersfield Department 10 at 8:30 AM in the above entitled court to
give any legal reason why sanctions shall not be imposed for failure to serve the complaint on all named defendants and file
proof{s) of service with the court within sixty (60) days after the filing of the· complaint pursuant to California Rules of
Court, Rule 3.110. All appearances are mandatory, unless the court receives the required proofts) of service five (5) court
days prior to the hearing date, and then no appearance is necessary.
TO EACH PARTY AND THEIR RESPECTIVE ATTORNEY(S) OF RECORD:
This case is set for Case Management Conference, by the Honorable Bernard C. Barmann. JR on February 28, 2022 at
8:30 AM in Bakenfield Department 10 of the above entitled court. Case management statements are to be filed at least
fifteen (15) days prior to the conference in accordance with California Rules of Court, Rules 3.720-3.730. All parties
shall comply with California Rules of Court, Rules 3.720- 3,730.
NOTICE TO PLAINTIFF'S COUNSEL
IMPORTANT: You are required to serve this Notice of Assignment and Notice of Order to Show Cause Date and
Notice of Case Management Conference Date with the Summons, Complaint [Local Rule 3.7(a)J, Alternative
Dispute Resolution (ADR) Information Packet, and ADR Stipulation and Order Form ( California Rules of Court,
Rule 3.221).
NOTICE TO CROSS COMPLAINANT'S COUNSEL
IMPORTANT: If you are bringing a cross complaint against new parties, you are, likewise, required to serve this
Notice or Assignment punuant to California Rules of Court, Role 3.110 and Notice of Order to Sbow Cause date
and Notice of Case Management Conference date on the new cross defendants.
TAMARAH HARBER-PICKENS
• CLERK OF THE SUPERIOR COURT
Date: August 30, 2021
By: Vi.cJ
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1 Dennis R. Thelen, Esq., SBN 83999 Alan J. Mish, Esq., SBN 150771 2 LAW OFFICES OF LEBEAU • THELEN, LLP 3 5001 East Commercenter Drive, Suite 300 Post Office Box 12092 4 Bakersfield, California 93389-2092 (661) 325-8962; Fax (661) 325-1127 5 Attorneys for Defendant ADVENTIST HEALTH DELANO 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF KERN - METROPOLITAN DIVISION 10 11 JORGE TORRES ACEVES, Case No.: BCV-21-101985 GP 12 Plaintiff, Div. J 13 vs. DECLARATION OF ALAN J. MISH IN SUPPORT OF MOTION FOR SUMMARY 14 ADVENTIST HEALTH DELANO; and DOES 1 JUDGMENT BY DEFENDANT ADVENTIST through 50, Inclusive, HEALTH DELANO 15 Defendants. 16 Date: July 18, 2024 Time: 8:30 a.m. 17 Division: J 18 19 Case Filed: August 26, 2021 20 _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___. Trial Date: April 29, 2024 21 I, Alan J. Mish, declare as follows: 22 1. I am an attorney at law duly admitted to practice before this Court and am a partner of 23 the law firm of LeBeau-Thelen, LLP, attorneys of record herein for defendant, Adventist Health 24 Delano. I have personal knowledge of the matters set forth herein and if called upon, could 25 competently testify thereto. 26 2. Defendant brought a motion to have requests for admissions deemed admitted. The 27 court heard the motion on March 5, 2024, the Honorable Gregory A. Pulskamp presiding. 28 -I- DECLARATION OF ALAN J. MISH IN SUPORT OF MOTION FOR SUMMARY JUDGMENT BY DEFENDANT ADVENTIST HEALTH DELANO 4887-8648-9205, V. 1 I 3. Alan J. Mish appeared on behalf of defendant, Adventist Health Delano. There was no 2 appearance by the plaintiff. 3 4. The court, having reviewed the moving papers and reply, and having received no 4 opposition, rules as follows: that the following matters are deemed admitted: 5 (i) Defendant fully complied with the standard of care in providing medical care, 6 management and treatment to plaintiff; 7 (ii) Plaintiff has no facts supporting any assertion that defendant failed to comply 8 with the standard of care with respect to the medical management and treatment rendered to plaintiff; 9 (iii) The defendant committed no act which contributed directly or indirectly to 10 plaintiffs alleged injuries in this action. 11 (iv) Plaintiff has no facts to support the claim that defendant's action contributed 12 directly or indirectly to plaintiffs injuries as asserted in this action. 13 (v) The defendant did not commit any failure or omission which in any way 14 directly or indirectly caused or contributed to plaintiffs injuries as asserted in this action. 15 (vi) Plaintiff has no facts to support his contention that any failure or omission in 16 any way directly or indirectly by this defendant caused or contributed to plaintiffs alleged injuries in 17 this action. 18 5. A copy of the signed order granting the Motion for Requests for Admissions Be 19 Deemed Admitted is attached hereto as Exhibit "A." 20 6. A true and correct copy of plaintiffs Complaint is attached as Exhibit "B." 21 I declare under penalty of perjury under the laws of the State of California that the foregoing 22 is true and correct. Executed this 23rd day of April, 2024, at B ersfield, California. 23 24 25 26 27 -2- 28 DECLARATION OF ALAN J. MISH IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY DEFENDANT ADVENTIST HEALTH DELANO 4887-8648-9205, V. 1 HEATHER V. CHOUDHARY EXHIBIT EXHIBIT A Electronically Received: 3/12/2024 2:53 PM 1 Dennis R. Thelen, Esq., SBN 83999 FILED Alan J. Mish, Esq., SBN 1S0771 LAW OFFICES OF KERN COUNTY SUPERIOR COL RT 2 LEBEAU• THELEN, LLP 3/25/2024 3 S001 East Commercenter Drive, Suite 300 Post Office Box 12092 BY Dickey, Leslie 4 Bakersfield, California 93389·2092 (661) 325•8962; Fax (661) 32S·l 127 DEPUTY s Attorneys for Defendant ADVENTIST HEALlH DELANO 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF KERN - METROPOLITAN DMSION 10 11 JORGE TORRES ACEVES, Case No.: BCV•21·10198S DRZ 12 Plaintiff, Div. J 1- - -- 13 vs. ~•• ORDER ON DEFENDANT'S 1~ - "MOTION TO HAVE MATTERS DEEMED 14 ADVENTIST HEALTH DELANO; and DOES I ADMi'l"l'ED through SO, Inclusive, IS Date: March S, 2024 Defendants. Time: 8:30 a.m. 16 Div.: J 17 18 Case Filed: August 26, 2021 _ _ _ _ _ _ _ _ _ _ _ _ _ _ Trial Date: April 29, 2024 19 Defendant Adventist Health Delano's Motion to have matters deemed admitted came before 20 this court on March S, 2024, the Honorable Gregory A. Pulskamp presiding. Alan J. Mish appeared 21 on behalf of defendant Adventist Health Delano. There was no appearance on behalf of the plaintiff. 22 The court having reviewed the moving papers and reply, and having received no opposition, 23 rules as follows: 24 The following matters are deemed admitted: 25 I. Defendant fully complied with the standard of care in providing medical care, 26 management and treatment to plaintiff. 27 2. Plaintiff has no facts supporting any assertion that defendant failed to comply with the 28 - I- __reB.0- __...:!!] ORDER ON DEFENDANT'S MOTION TO HAVE MATIERS DEEMED ADMITIED 4871•3736-1323, V. 1 1 standard of standard of care care with with respect respect to to the medical management the medical management and and treatment treatment rendered rendered to to plaintiff. plaintiff. = YH) 2 a 3. The defendant The defendant committed committed no no act act which which contributed contributed directly directly or or indirectly indirectly to to plaintiff's plaintiff's 3 alleged injuries alleged injuries in in this this action. action. WD 4 4. 4. Plaintiff Plaintiff has no facts has no facts to to support support the the claim claim that defendant’s action that defendant's action contributed contributed directly directly or or Be 5 indirectly to indirectly to plaintiff's injuries as plaintiff's injuries as asserted asserted in in this this action. action. OH 6 5.5. The defendant The defendant did did not not commit commit any any failure failure or or omission omission which which in in any any way way directly directly or or A 7 indirectly caused indirectly caused or or contributed contributed to to plaintiffs injuries as plaintiff's injuries as asserted asserted in in this this action. action. NH 8 6. 6. Plaintiff has Plaintiff has no no facts facts to to support support his his contention contention that that any any failure failure or or omission omission in in any any way way co directly or or indirectly indirectly by this defendant defendant caused caused or or contributed contributed to to plaintiff's plaintiff's alleged injuries in alleged injuries in this this Oo 9 directly by this 10 action. action. OS 11 The court The court awards awards monetary monetary sanctions sanctions of of $830. $830. —= 12 IT IS SO IT IS SO ORDERED. ORDERED. NY — 13 Dated: March__, Dated: March __, 2024 2024 WBS Fe Signed: 3/25/2024 Signed: 3/25/2024 09:33 09:33 AM AM F&F BCV-21-101985 YA, AP» 14 BCV-21-101985 1S Judge of of the the Superior Superior Court Court AH |= Judge 16 —|— A QI 17 | Boe 18 | OC 19 | CO 20 HN 21 |= NO 22 NN NY 23 WY NY 24 YH & 2S UU YB 26 HY A 27 NO con 28 NY -2- -2- __[PROPOSED] ORDER ON DEFENDANT’S MOTIONTO DJ ORDER ON DEFENDANT'S MOTION TO HA HAVE MATTERS DEEMED VE MATTERS DEEMED ADMITTED ADMITTED 4871-3736-1323, v. 1 4871-3736-1323,v. 1 HEATHER V. CHOUDHARY EXHIBIT EXHIBIT B 1 Steven D. Davis, Esq. (SBN 89310) ELECTRONICALLY FILED Diane M. Daly, Esq. (SBN 149574) 8/26/2021 11 :28 AM Kem County Superior Court 2 STEVEN D. DAVIS LAW GROUP, APC By Vickie Fogerson, Deputy 9696 Culver Blvd., Suite 104 3 Culver City, california 90232-2740 Tele\)hone: (310) 394-9887 4 Facsmrlle: (310) 395-4023 5 Attorneys for Plaintiff, JORGE TORRES ACEVES (File No.: CF5297) 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FORTHECOUNTYOFKERN 10 11 JORGE TORRES ACEVES, ) CASE NO. BCV-21-101985 12. ) . . Plaintiff, )COMPLAINTFORDAMAGES ~ 13 v. 1. Medical Malpractice 14 ) ADVENTIST HEALTH DELANO; and DOES) 15 1 through 50, Inclusive, ) ) 16 Defendants. ) 17 18 COMES NOW, plaintiff, Jorge Torres Aceves, and alleges against defendants, and each 19 of them, as follows: 20 1. Plaintiff Jorge Torres Aceves is an individual and at the time ofthe incident was 21 a resident of the County of Kern, State of California. 22 2. Plaintiff is informed and believes and thereon alleges that at all times 23 mentioned defendant Adventist Health Delano was and is a general acute care hospital as 24 defined by Health & Safety Code section 1250, licensed by the State of California. 25 3. The true names and capacities, whether individual, corporate, associate, or 26 otherwise, of defendants named herein as DOES 1 through 50, inclusive, are unknown to 27 plaintiff, who therefore sues said defendants by such fictitious names and plaintiff will 28 amend this Complaint to show their true names and capacities when the same have been P:1,Acevu-CP5297\complalnt,wpd -1- COMPLAINT FOR DAMAGBS 1 ascertained. 2 4. Plaintiff is informed and believes and thereon alleges that each of the 3 defendants designated herein as DOE is responsible in some manner for the events and 4 happenings as herein referred to, and caused injuries and damages proximately thereby to 5 plaintiff as herein alleged. 6 5. Plaintiff is informed and believes and thereon alleges that at all times herein 7 mentioned, Doe defendants 1 through 50, inclusive, were individuals and/ or business 8 entities, licensed to perform health care services by the State of California, or that such 9 individuals and/or business entities held themselves out as duly licensed and authorized by 10 the State of California to perform health care services, and each of said defendants did 11 perfonn medical, nursing, hospital and related services affecting plaintiff Jorge Torres 12 Aceve_ s in the manner hereinafter described. 13 6. At all times herein mentioned, each of the defendants was the agent, employee 14 or partner of each of the remaining defendants and was at all times herein mentioned·acting 15 within-the scope of such agency, employment or partnership. 16 7. On or about February 26, 2021, plaintiff Jorge Torres Aceves was admitted to 17 Adventist Health Delano for evaluation of an acute stroke. At the time of admission, plaintiff 18 Jorge Torres Aceves was assessed to be a high fall risk. On or about March 2, 2021, plaintiff 19 Jorge Torres Aceves fell while going to the restroom-due to defendants' negligence. As a 20 result of defendants' negligence plaintiff Jorge Torres Aceves suffered injuries, including a 21 fractured right hip. 22 8. As a direct and proximate result of the negligent acts and omissions of. the 23 defendants, and each of them, as alleged above, plaintiff Jorge Torres Aceves suffered 24 inju~es, pain and suffering, and had to obtain and pay the cost of additional medical ·a nd 25 hospital care and treatment. Plaintiff Jorge Torres Aceves will ask leave of court to amend 26 this complaint to state the exact amounts when the same have been ascertained. 27 WHEREFORE, plaintiff Jorge Torres Aceves prays that: 28 1. The court enter judgment in favor of plaintiff and against defendants, and each P:~ • CP529'1\complalnt.wpd -2- COMPLAJNTFORDAMAGES of them, 1 of them, for for general general and and special special damages, damages, according according to to proof; proof; 2 2. 2. The court The court award award plaintiff costs of plaintiff costs of suit suit incurred incurred herein; herein; and and 3 3. 3. The court The court grant grant such such other other and and further further relief relief as as itit deems deems just just and and proper proper under under the circumstances. 4 the circumstances. s DATED: August DATED: August 25 _, 2021 ·zs .2021 STEVEN STEVEN D. DAVIS LAW D. DAVIS LAW GROUP, GROUP, APC APC 6 7 8 ~ STEVEN D. DAVIS Attorneys for Attorneys for Plaintiff, Plaintiff, JORGE TORRES JORGE ACEVES TORRES ACEVES 9 10 11 ·12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CF5297\complaint.wpd F:\Aceves -- CJ1529'1\compalnt.wpd Jl:\A=ff, -3- -3- COMPLAINT FOR COMPLAINT FOR DAMAGES DAMAGES CM-010 ATTORNEY OR PARTY WllHOUT ATTOANEY (Name, state Bat IIUIIIIHlr, and lldd,_.J; FOR COURT USE ON1. Y >-Steven D. Davis, Esq. SBN: 89310 STEVEN D. DAVIS LAW GROUP, APC 9696 Culver Blvd., Suite 104, Culver City, CA 90232 lELEPHONE N0.,310 394-9887 FAX NO~ 3} 0 3 95-4023 ELECTRONICALLY FILED ATTORNEYFOR/NameJ:Plaintiff. Jorize Torres Aceves 8/26/2021 11 :28 AM SUPERIOR COURT OF CALIFORNIA, COUNTY OF KRRN Kem County Superior Court STREET ADDREss, 1415 Truxtun A venue By Vickie Fogerson, Deputy MAILING ADDRESS, 1415 Truxtun Avenue cirv AND 21P cooE: Bakersfield, 93301 BRANCH NAME: Metro Division CASE NAME: ACEVES V. ADVENTIST CASE NUMBER: • CIVIL CASE COVER SHEET Complex case Designation [i] Unlimited D Limited BCV-21-101985 (Amount (Amount D Counter D Jolnder JUDGE: demanded demanded is Flied with first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-6 below must be completed (see Instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation D Auto (22) DBreach of contract/Warranty (06) (Cal. Rules of Court, rules 3.400-3.403) D Uninsured motorist (46) DRule 3.740 collections (09) D Antitrust/Trade regulation (03) Other PI/PD/WD (Personal Injury/Property DOther collections (09) D Construction defect (10) Damage/Wrongful Death) Tort D Insurance coverage (18) D Mass tort (40) D Asbestos (04) DOther contract (37) D Securities li1igatlon (28) D Product liabi!Hy (24) Real Property D Environmental/Toxic tort (30) [iJ Medlcel malprae11ce (45) D Eminent domain/Inverse D Insurance coverage claims arising from the D Other PI/PD/WD (23) condemnation (14) above listed provisionally complex case Non-Pl/PD/WO (Other) Tort DWrongful eviction (33) types (41) D Business tort/unfair business practice (07) DOther real property (26) Enforcement of Judgment D Clvil rights (08) Unlawful Detainer D Enforcement of judgment (20) D Defamation (13) D Commercial (31) Mlacellanaous Civil Complaint D Fraud (18) • D Residential (32) 0 RICO(27) D lnteDectual property (19) D Drugs (38) D Other complaint (not specHfed above) (42) D Professional negligence (25) Judlclal Review Miscellaneous Civil Petition D Other non-PI/PD/WD tort (35) DAsse1 forfeiture (05) D Partnership and corporate governance (21) Employment D D Pe11tlon re: arbitration award (11) Other pet111on (not spec{Hsd above) (43) . D Wrongful termination (36) DWrit of mandate (02) D Other employment (15) r7Other iudlcial review (39) 2. This case LJ Is W Is not complex under rule 3.400 of the California 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. D Coordination with related actions pending In one or more courts issues that wiU be llme-oonsuming to resolve 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.Ci] monetary b.D nonmonetary; declaratory or Injunctive relief c. □ punitive · 4. Number of causes of action (specify): one 5. This case D ls [i] 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: August 1 ~ , 2021 Steireti D Davis, E~iiEoRPRJNTNAMEI • Plaintiff must file this cover sheet with the Hrst paper filed In the action or proceeding (except small clalms oases or cases flied 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 onlv. ... 1 of Folffl Ad,ptedfur Mandaloly \Jae Jl.dclal Councl of Callomla CIVIL CASE COVER SHEET ca1. i:u..!;.-;~~~~~~;~ R~'t www.courttnA:l.ca,gov CM-010 (Rev. July I, 2007] - w Doc• Fann aulld.- CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are flllng a first paper (for example, a complaint) In a clvll 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 complle statistics about the types and numbers of cases flied. 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 flied only with your Initial paper. Failure to file a cover sheet wlth the first paper filed In a clvll 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 Callectlona cases. A "collections case• under rule 3.740 ls 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 ldentlflcation of a case- as a rule 3.740 collections case on this form means that It wlll be exempt from the general time-tor-service requirements and case management rules, unless a defendant flies a responsive pleadlng. A rule 3.740 collec~ons case will be subject to the requirements for service and obtaining a judgment in rule a 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 beDeves 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 Ille and serve no later than the time of Its first appearance a Jolnder In the plaintiff's designation, a counter-designation that the case Is not complex, or, If the plaintiff has made no designation, a designation that . the case ls complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provfslonally Complex CMI Litigation (Cal. Auto (22)-?ersonal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (if the Contract (not unlawful detainer Cons1ruct1on Defect (1 0) case involves an uninsured or wrongful eviction) Clalms lnvolvlng Mass Tort {40) motorist cleim subject to Contract/Warranty Breach-Seller Securities Litigation (28) • arbitration, chech this item Plaintiff (not fraud or negUgence) EnvironmentaVToxlc Tort (30) insleed of ,1uto) Negligent Breach of Contracl/ Insurance Coverage Claims Other PUPD/WD (Personal Injury/ Warranty (arising from provfslonaUy complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type lfsted above) (41) Tort Collections (e.g., money owed, open Enforcement o1 Judgment Asbestos (04) book accounts) (09) Enforcement of Judgment (20) Asbestos ?roperty Damage Collection C8se-Seller Plaintiff Abstrad of Judgment (Out of Asbestos Personal Injury/ Other Promissory Note/Collections County) Wrongful Death Case Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (not provislonal/y domestic relalions) toxlc:lenvfronmental) (24) complex) (18) Sister State Judgment Medical Malpracllce (45) Auto Subrogation Administrative Agency Award Medical Malpractice- Other Coverage (not unpaid taxes) Physicians & Surgeons Other Contract {37) Petltlon/Certlffcatlon of Entry of Other ?rofesslonal Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Real Property Case Other Pl/PD/WO (23) Premises Uabillty (e.g., slip Eminent Domain/Inverse Mlacellaneous Clvfl Complaint Condemnation (14) RIC0{27) and faH) Intentional Bodily Injury/PD/WO Wrongful Evlcllon (33) Other Complaint (not specified above){42) (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) Intentional Infliction ol Declaratory Relief Only Writ of Possession of Real Property Injunctive Relief Only (non- Emotional Distress Mor1gage Foreclosure harassment) Neglfgent Infliction of Quie1Tllle Emotional Distress Mechanics Lien Other Real Property (not eminent Other Commercial Complaint Other Pl/PD/WO domain, landlord/tenant, or Case (non-tort/non-complex) Non-Pl/PD/WO (Other) Tort foreclosure) Other Civil Complaint Business TorVUnfalr Business Unlawful Detainer (non-tort/nol'HX)mp/ex) Practice (07) Commercial (31) MlsceRaneous CMI Petition Civil Rights (e.g., discrimination, Residential (32) Partnership and Corporate false arrest) (not civil Drugs (38) (if the case involves illegal Governance (21) harassment) (08) dnl(JS, chech this item; otherwise, Other Petition (not specified Defamation (e.g., slander, libel) report as Commeroial or Residential) above) (43) (13) Judicial Ravlaw Civil Harassment Fraud (16) Asset Forfeiture {05) Worltplace Violence Intellectual Property (19) Petition Re: Arbitration Award {11) Elder/Dependenl Adult Proles&lonal NagHgence {25) Writ of Mandate (02) Abuse Legal Malpractice Writ-Administrative Mandamus Electloo Contest Other Professional Malpractice Writ-Mandamus on Limited court • Petition for Name Change (not medics/ or legal) Case Matter Peti1ion for Relief From Late • Other Non-PVPD/WD Tori {35) Writ-Other Limited Court Case Clalm Employment Review Other Civll Petition Wrongful Termination {38) Other Judicial Review (39) Other Employment {15) Review of Health Officer Order Notice of AppeaH..abor Commissioner Appeals ~tO(Rev.July 1,20071 Paga2ot2 CIVIL CASE COVER SHEET FOR COURT USE ONLY -:_. SUPERIOR COURT OF CALIFORNIA FIL.ED COUN'IY OF KERN SUPERIOR CoURT OF CALIFORNIA BAKERSFIELD COURT pouNTY OF KERN 1415 TR.UXTUN AVENUE AUGUST 30, 2021 BAKERSFIELD CA 93301 BY Vi,.c,k..i.t,, FO:SCrt::S:9!1/ DEPUTY PLAINTIFF/PETITIONER: JORGE TORRES ACEVES DEFENDANT/RESPONDENT: ADVENTIST HEALTH DELANO CASE NUMBER: NOTICE OF ASSIGNMENT TO JUDGE FOR ALL PURPOSES AND NOTICE OF ORDER TO SHOW CAUSE RE CRC RULE 3.110 AND BCV-21-101985 NOTICE OF CASE MANAGEMENT CONFERENCE By order of the presiding judge, the above entitled case is assigned to the Honorable Bernard C. Bannann. JR for all purpbses. It will be managed on the direct calendar program in Bakersfield Department 10 until its conclusion. Peremptory challenges, •• if any, must be made within the times set out in CCP § 170.6. Please include the initials BCD after the case number on all future pleadings filed in this case. • TO PLAINTIFF AND PLAINTIFF'S COUNSEL: You are ordered to appear on December 13, 2021 in Bakersfield Department 10 at 8:30 AM in the above entitled court to give any legal reason why sanctions shall not be imposed for failure to serve the complaint on all named defendants and file proof{s) of service with the court within sixty (60) days after the filing of the· complaint pursuant to California Rules of Court, Rule 3.110. All appearances are mandatory, unless the court receives the required proofts) of service five (5) court days prior to the hearing date, and then no appearance is necessary. TO EACH PARTY AND THEIR RESPECTIVE ATTORNEY(S) OF RECORD: This case is set for Case Management Conference, by the Honorable Bernard C. Barmann. JR on February 28, 2022 at 8:30 AM in Bakenfield Department 10 of the above entitled court. Case management statements are to be filed at least fifteen (15) days prior to the conference in accordance with California Rules of Court, Rules 3.720-3.730. All parties shall comply with California Rules of Court, Rules 3.720- 3,730. NOTICE TO PLAINTIFF'S COUNSEL IMPORTANT: You are required to serve this Notice of Assignment and Notice of Order to Show Cause Date and Notice of Case Management Conference Date with the Summons, Complaint [Local Rule 3.7(a)J, Alternative Dispute Resolution (ADR) Information Packet, and ADR Stipulation and Order Form ( California Rules of Court, Rule 3.221). NOTICE TO CROSS COMPLAINANT'S COUNSEL IMPORTANT: If you are bringing a cross complaint against new parties, you are, likewise, required to serve this Notice or Assignment punuant to California Rules of Court, Role 3.110 and Notice of Order to Sbow Cause date and Notice of Case Management Conference date on the new cross defendants. TAMARAH HARBER-PICKENS • CLERK OF THE SUPERIOR COURT Date: August 30, 2021 By: Vi.cJ