No Value: CARDENAS VS GABRIEL ADAME ET AL

On June 21, 2020 a No Value was filed involving a dispute between Cardenas, Christina, and Adventist Health Medical Center Tehachapi, Adventist Health Tehachapi Valley, Adventist Health Tehachapi Valley, A Private California Buisness Entity, California Correctional Institution, A California Governmental Agency, California Department Of Corrections And Rehabilitations, A California Government Department, Dr. I-Wen Tseng, An Individual, Gabriel Adame, An Individual, I-Wen Tseng, D.O., Officer Rodriguez, An Individual, Premier Emergency Physician Of California Medical Group, A Professional Corporation, Premier Emergency Physicians Of California Medical Group A Professional Corporation, State Of California, A Government Entity, for 23-CV Other PI/PD/WD - Civil Unlimited in the District Court of Kern County.

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1 ROB BONTA
Attorney General of California
2 DEBORAH B. WADLEIGH
Supervising Deputy Attorney General
3 ALEXANDRIA FAURA
Deputy Attorney General
4 State Bar No. 346563
300 South Spring Street, Suite 1702
5 Los Angeles, CA 90013-1230
Telephone: (213) 269-6227
6 Fax: (916) 731-3641
E-mail: Alexandria.Faura@doj.ca.gov
7 Attorneys for Defendants
California Department of Corrections and
8 Rehabilitation, Rodriguez and Adame

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 COUNTY OF KERN

11 METROPOLITAN DIVISION

13
CHRISTINA CARDENAS, Case No. BCV-20-101420 JEB
14
Plaintiff, DECLARATION OF DEPUTY
15 ATTORNEY GENERAL ALEXANDRIA
v. FAURA IN SUPPORT OF
16 DEFENDANTS’ EX PARTE
APPLICATION SEEKING TO APPOINT
17 GABRIEL ADAME, an individual; DISCOVERY REFEREE
OFFICER RODRIGUEZ, an individual;
18 DR. I-WEN TSENG, an individual; [Civ. Proc. Code, § 639(a)(5)]
ADVENTIST HEALTH MEDICAL Date: May 9, 2024
19 CENTER dba ADVENTIST HEALTH Time: 8:30 a.m.
TEHACHAPI VALLEY, a private Dept: J
20 California Business Entity; CALIFORNIA Judge: The Hon. Gregory Pulskamp
DEPARTMENT OF CORRECTIONS AND Trial Date: May 6, 2024
21 REHABILITATION, a governmental Action Filed: June 22, 2020
department; CALIFORNIA
22 CORRECTIONAL INSTITUTION, a
California governmental agency; STATE
23 OF CALIFORNIA, a governmental entity;
and DOES 1 through 50, inclusive,
24
Defendants.
25

28
1
Decl. A. Faura ISO Defs.’s Ex Parte Appl. Protective Order to Appoint Discovery Referee (BCV-20-101420 JEB)
1 I, Alexandria Faura, declare as follows:

2 1. I am an attorney admitted to practice in California and before this Court. I am

3 employed by the Office of the Attorney General of the State of California, as a Deputy Attorney

4 General in the Correctional Law Section. I am assigned to represent Defendants California

5 Department of Rehabilitation and Corrections, and Adame (CDCR Defendants) in this case. I

6 submit this declaration in support of CDCR Defendants’ ex parte application seeking an order to

7 appoint a discovery referee. I have personal knowledge of the facts attested to herein, and if called

8 to testify, would and could testify competently hereto.

9 2. On January 17, 2024 (“Volume I”) and April 23, 2024 (“Volume II”) Dr. Ross Levin

10 was deposed. Dr. Levin was designated as an expert witness by CDCR Defendants. A true and

11 correct copy of CDCR Defendants’ Expert Designations are attached hereto as Exhibit A. Copies

12 of the relevant portions of Dr. Levin’s deposition transcript from his deposition on January 17,

13 2024 are attached hereto as Exhibit B. Copies of the relevant portions of Dr. Levin’s deposition

14 transcript from his deposition on April 23, 2024 are attached hereto as Exhibit C. The transcripts

15 reflect, with minor variations, a true and accurate record of the depositions.

16 3. On March 27, 2024, CDCR Defendants noticed the deposition of Plaintiff’s expert

17 David Dusenbury for April 22, 2024. CDCR Defendants took Dusenbury’s deposition on April

18 22, 2024. A true and accurate copy of the Amended Deposition Notice of David Dusenbury is

19 attached hereto as Exhibit D. Copies of the relevant portions of the deposition are attached

20 hereto as Exhibit E. The transcript reflects, with minor variations, a true and accurate record of

21 the deposition.

22 4. On April 29, 2024, Ann Marie Schubert was deposed. Schubert was designated as an

23 expert witness by CDCR Defendants. Copies of the relevant portions of the deposition are

24 attached hereto as Exhibit F. The transcript reflects, with minor variations, a true and accurate

25 record of the deposition.

26 5. This is not the first instance where plaintiff’s counsel’s conduct has been the subject

27 of motion practice in this case, CDCR Defendants previously moved on February 22, 2021 for an

28 order compelling Plaintiff to appear for a second deposition and answer questions. Similarly, on
2
Decl. A. Faura ISO Defs.’s Ex Parte Appl. Protective Order to Appoint Discovery Referee (BCV-20-101420 JEB)
1 August 12, 2021, Adventist Health Tehachapi Valley moved for a protective order, or in the

2 alternative, for appointment of a discovery referee, following the suspension of a percipient

3 witness’s deposition. CDCR Defendants joined this motion on August 16, 2021.

4 6. CDCR Defendants’ counsel presumed the conduct would subside following the

5 dismissal of the remaining co-defendants, which reduced the number of disputed issues and

6 witnesses. Unfortunately, the various acts of unprofessionalism have continued as the parties

7 have moved closer to trial.

8 7. On May 3, 2024, I emailed Plaintiff’s counsel that CDCR Defendants’ would be

9 moving for a protective order appointing a discovery referee for the remaining depositions. A

10 meet and confer letter was attached inviting Plaintiff’s to meet and confer on May 6, 2024. A

11 true and correct copy of the meet and confer letter is attached hereto as Exhibit G. 1

12 8. On May 6, 2024, the parties met and conferred through videoconference. The parties

13 were not able to come to an agreement regarding the appointment of a discovery referee. CDCR

14 Defendants represented that they intended to move forward with their ex parte application and

15 advised that the hearing would take place on Thursday morning at 8:30.

16 9. As of the date of this ex parte application, the deposition of the following Plaintiff’s

17 experts remain outstanding as follows: (1) expert psychologist Dr. Morgan Shaw is scheduled to

18 go forward on May 13, 2024, (2) police practices expert Roger Clarke on May 15, 2024, (3)

19 second police practices expert David Dusenbury on May 22, 2024; (4) medical expert Dr. Samuel

20 Markenson, which is not yet scheduled but CDCR Defendants are waiting for additional dates,

21 and (5) medical expert Dr. Lester Zackler, who will need to be deposed a second time due to

22 Plaintiff’s untimely production of his reliance materials. Additionally, CDCR Defendants’ police

23 practices expert Anne Marie Schubert did not conclude and new dates are being obtained for her

24 deposition and CDCR’s psychiatry expert, Dr. Rene Sorrentino is scheduled to go forward on

25 May 9, 2024.

26 1
As we subsequently clarified with Plaintiff’s counsel, Dr. Levin’s deposition was not
ultimately suspended. Defense counsel attempted to suspend the deposition after Plaintiff’s
27 counsel commented that Dr. Levin “was going to look like a fool.” The court reporter refused to
suspend the deposition without Plaintiff’s agreement and the deposition concluded shortly
28 thereafter.
3
Decl. A. Faura ISO Defs.’s Ex Parte Appl. Protective Order to Appoint Discovery Referee (BCV-20-101420 JEB)
1 10. The following exceptional circumstances specific to this case require the appointment

2 of a referee: (1) multiple discovery issues have already arisen and will likely continue to arise since

3 there are still seven expert witness depositions remaining, two of which were not concluded due to

4 the conduct of plaintiff’s counsel; (2) the present request is a continuum of previous discovery

5 motions related to plaintiff’s counsel’s deposition tactics; and (3) the depositions thus far have

6 been contentious and inefficient resulting in delayed completion of expert discovery, six weeks

7 before trial.

8 11. Following the meet and confer on May 6, I emailed copies of biographies of three

9 neutrals from JudicateWest that would be available to serve as discovery referees in the upcoming

10 two weeks to plaintiff’s counsel. As of the date of this declaration, I have not received alternative

11 neutral options from plaintiff’s counsel, nor a response regarding the options we suggested.

12 Attached hereto as Exhibit H are true and correct copies of the biographies of three JudicateWest

13 neutrals that we suggested.

14 12. In view of the foregoing, it is respectfully requested that the Court appoint a

15 discovery referee for the limited purpose of monitoring the remaining depositions and ruling on

16 objections during the course of the depositions.

17 13. This request is made on an ex parte basis due to the fact that trial in this matter is

18 scheduled to begin in six weeks on June 17, 2024, and as of the date of this application, there are

19 six outstanding depositions that need to be taken or completed. Counsel was notified of this

20 application during the meet and confer and by email prior to the filing of the application.

21 14. This request is not made for the purposes of delay or harassment. No other trial or

22 case deadlines will be affected by the appointment of a referee. We intend to maintain the

23 already-scheduled depositions on calendar, unless appointment of the discovery referee

24 necessitates their rescheduling.

25 //

26 //

27 //

28 //
4
Decl. A. Faura ISO Defs.’s Ex Parte Appl. Protective Order to Appoint Discovery Referee (BCV-20-101420 JEB)
1 I declare that the foregoing is true and correct under penalty of perjury under the laws of the

2 United States. Executed on May 7, 2024, at Los Angeles County, California.

3
________/s/ Alexandria Faura __________
4 Alexandria Faura
5

6 LA2020601814
7

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5
Decl. A. Faura ISO Defs.’s Ex Parte Appl. Protective Order to Appoint Discovery Referee (BCV-20-101420 JEB)
EXHIBIT A
1 ROB BONTA
Attorney General of California
2 DEBORAH B. WADLEIGH
Supervising Deputy Attorney General
3 COLIN A. SHAFF
Deputy Attorney General
4 State Bar No. 300301
300 South Spring Street, Suite 1702
5 Los Angeles, CA 90013-1230
Telephone: (213) 269-6039
6 Fax: (916) 761-3641
E-mail: Colin.Shaff@doj.ca.gov
7 Attorneys for Defendants G. Adame, L. Rodriguez
and California Department of Corrections and
8 Rehabilitation

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 COUNTY OF KERN

11 METROPOLITAN DIVISION

13
CHRISTINA CARDENAS, Case No. BCV-20-101420 DRZ
14
Plaintiff, DEFENDANTS CALIFORNIA
15 DEPARTMENT OF CORRECTIONS
v. AND REHABILITATION, G. ADAME
16 AND L. RODRIGUEZ’S
SUPPLEMENTAL EXCHANGE OF
17 GABRIEL ADAME, an individual; EXPERT WITNESSES; DECLARATION
OFFICER RODRIGUEZ, an individual; OF COLIN A. SHAFF IN SUPPORT
18 DR. I-WEN TSENG, an individual; THEREOF
ADVENTIST HEALTH MEDICAL
19 CENTER dba ADVENTIST HEALTH Judge: The Honorable David Zulfa
TEHACHAPI VALLEY, a private Action Filed: June 22, 2020
20 California Business Entity; CALIFORNIA Trial Date: November 27, 2023
DEPARTMENT OF CORRECTIONS AND
21 REHABILITATION, a governmental
department; CALIFORNIA
22 CORRECTIONAL INSTITUTION, a
California governmental agency; STATE
23 OF CALIFORNIA, a governmental entity;
and DOES 1 through 50, inclusive,
24
Defendants.
25

26
Defendants California Department of Corrections and Rehabilitation (CDCR), G. Adame,
27
and L. Rodriguez (collectively “CDCR Defendants”) hereby supplement their list of expert
28
1
Supplemental Expert Designation (Code Civ. Pro., § 2024.280) (BCV-20-101420 DRZ)
1 witnesses in response to the experts designated by Plaintiff, pursuant to Code of Civil Procedure

2 section 2034.280:

3 SUPPLEMENTAL RETAINED EXPERTS

4 1) Anne Marie Schubert
Schubert Strategies
5 P.O. Box 750
Wilton, CA 95693
6 916-956-6690
7 2) Chris Crandell
Frontline Consulting
8 5746 Harris Court
Plymouth, California 95669
9 916-709-5624
10 Defendants hereby reserve the right to call any and all experts named by any other party

11 herein at the time of trial on the subjects indicated in the expert witness disclosure and declaration,

12 if any, served by that party. Defendants further reserve the right to augment this expert witness

13 designation by adding the name of any expert witness any other party subsequently retains.

15 Dated: November 15, 2023 Respectfully submitted,
16 ROB BONTA
Attorney General of California
17 DEBORAH B. WADLEIGH
Supervising Deputy Attorney General
18

20 /s/ Colin Shaff
COLIN A. SHAFF
21 Deputy Attorney General
Attorneys for Defendants
22 Attorneys for Defendants G. Adame, L.
Rodriguez and California Department of
23 Corrections and Rehabilitation
24 LA2020601814

28
2
Supplemental Expert Designation (Code Civ. Pro., § 2024.280) (BCV-20-101420 DRZ)
1 DECLARATION OF COLIN A. SHAFF
2 I, Colin A. Shaff, declare as follows:

3 1. I am an attorney duly licensed to practice law in the State of California and am a deputy

4 attorney general with the California Office of the Attorney General, and counsel for the California

5 Department of Corrections and Rehabilitation (CDCR), G. Adame and L. Rodriguez (collectively

6 CDCR Defendants). The factual and procedural background in this matter is known to me

7 personally. I submit this Declaration in support of CDCR Defendants’ Supplemental Expert

8 Witness Designation. The following is a list of experts CDCR Defendants intend to offer at trial

9 in this action, either orally or by deposition testimony. The retained experts listed in the

10 accompanying designation have agreed to testify at the trial of this matter. At a mutually agreeable

11 time and place, said experts will be sufficiently familiar with the pending action to submit to a

12 meaningful oral deposition concerning their opinions and the basis thereof.

13 2. The qualifications, general substance of testimony, and hourly and/or daily fees, where

14 known, of CDCR Defendants’ designated experts are as follows:

15 3. Anne Marie Schubert is the former District Attorney for the County of Sacramento. She

16 may testify regarding the reasonableness of the searches conducted by correctional officers, and as

17 to the reasonableness of the manner in which correctional officers interpreted and effectuated the

18 warrant.

19 Ms. Schubert has agreed, if called, to testify at the trial of this matter and will be sufficiently

20 familiar with the pending action to submit a meaningful oral deposition concerning any opinion

21 and its basis. Ms. Schubert’s deposition fee is $500 per hour. A copy of Ms. Schubert’s curriculum

22 vitae and fee schedule are attached hereto as Exhibit A.

23 4. Chris Crandell is a former investigator with the Amador County District Attorney’s

24 Office. Mr. Crandell has provided training to California Department of Corrections and

25 Rehabilitation officers, and is a recognized subject matter expert. He may testify as to the

26 reasonableness of the searches conducted by correctional officers, and as to the reasonableness of

27 the manner in which correctional officers interpreted and effectuated the warrant.

28 Mr. Crandell has agreed, if called, to testify at the trial of this matter and will be sufficiently
3
Supplemental Expert Designation (Code Civ. Pro., § 2024.280) (BCV-20-101420 DRZ)
1 familiar with the pending action to submit a meaningful oral deposition concerning any opinion

2 and its basis. Mr. Crandell’s deposition fee is $250 per hour. A copy of Mr. Crandell’s curriculum

3 vitae and fee schedule are attached hereto as Exhibit B.

5 I declare under the penalty of perjury under the laws of the state of California that the

6 foregoing is true and correct.

7 Executed this 15th day of November, 2023 at Los Angeles, California.

9 ______/s/ Colin Shaff___________________
COLIN A. SHAFF
10 DEPUTY ATTORNEY GENERAL
11

28
4
Supplemental Expert Designation (Code Civ. Pro., § 2024.280) (BCV-20-101420 DRZ)
1 ROB BONTA
Attorney General of California
2 DEBORAH B. WADLEIGH
Supervising Deputy Attorney General
3 NILUFAR K. MAJD
Deputy Attorney General
4 State Bar No. 246017
455 Golden Gate Avenue, Suite 11000
5 San Francisco, CA 94105
Telephone Number: (415) 229-0114
6 Fax: (415) 703-5843
Email: Nilu.Majd@doj.ca.gov
7 Attorneys for Defendants G. Adame, L. Rodriguez
and California Department of Corrections and
8 Rehabilitation

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 COUNTY OF KERN

11 METROPOLITAN DIVISION

13
CHRISTINA CARDENAS, Case No. BCV-20-101420 JEB
14
Plaintiff, DEFENDANTS CALIFORNIA
15 DEPARTMENT OF CORRECTIONS AND
v. REHABILITATION, G. ADAME AND L.
16 RODRIGUEZ’S DESIGNATION OF
EXPERT WITNESSES; DECLARATION
17 GABRIEL ADAME, AN INDIVIDUAL; OF NILUFAR K. MAJD IN SUPPORT
OFFICER RODRIGUEZ, AN THEREOF
18 INDIVIDUAL; DR. I-WEN TSENG, AN
INDIVIDUAL; ADVENTIST HEALTH Judge: The Honorable David Zulfa
19 TEHACHAPI VALLEY, A PRIVATE Action Filed: June 22, 2020
CALIFORNIA BUSINESS ENTITY; Trial Date: November 27, 2023
20 CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
21 REHABILITATION, A
GOVERNMENTAL DEPARTMENT;
22 CALIFORNIA CORRECTIONAL
INSTITUTION, A CALIFORNIA
23 GOVERNMENTAL AGENCY; STATE OF
CALIFORNIA, A GOVERNMENTAL
24 ENTITY; AND DOES 1 THROUGH 50,
INCLUSIVE,
25
Defendants.
26

28
1
CDCR Defendants’ Designation of Expert Witnesses; Decl. In Support Thereof (BCV-20-101420 JEB)
1 PLEASE TAKE NOTICE that pursuant to Code of Civil Procedure sections 2034.210 et

2 seq., Defendants California Department of Corrections and Rehabilitation (CDCR), G. Adame,

3 and L. Rodriguez (collectively “CDCR Defendants”) hereby submit the following list of

4 witnesses they intend to call as experts at the time of trial. This designation of expert trial

5 witnesses is made with an express reservation of rights granted to designating parties pursuant to

6 Code of Civil Procedure sections 2034.210 et seq. and their various subdivisions, including the

7 right to amend and supplement this designation, as it may be permitted by statute or motion.

8 RETAINED EXPERTS

9 1) Ross Levin, M.D.
2828 Ben Lomond Dr.
10 Santa Barbara, CA 93105
(408) 499-6352
11
2) Renee Sorrentino, M.D.
12 Park Dietz & Associates
2906 Lafayette
13 Newport Beach, CA 92663
(949) 723- 2211
14

15 3) The custodians of medical records of Christina Cardenas, to the extent that the
16 opinion testimony of such custodians are needed for proper authentication of records.
17 4) Any and all individuals hereinafter selected and designated as percipient witnesses.
18 5) Any and all other expert witnesses specifically designated by other parties to this
19 action, notwithstanding that subsequent to the filing of this list of experts such parties may have
20 settled or been dismissed.

21 NON-RETAINED MEDICAL EXPERTS

22 The following individuals are not retained experts, but are listed because of their

23 involvement with the medical care and treatment of Christina Cardenas. CDCR Defendants

24 identify each and every one of the health care providers and their related staff members as experts

25 who may be called on to offer expert opinion testimony at trial based on their respective care and

26 treatment rendered to Ms. Cardenas, her diagnosis, prognosis, symptoms, causation, and/or medical

27 condition, among others. These individuals are not retained experts as described in Code of Civil

28 Procedure section 2034.260(b)(1), but may be asked to provide expert opinion testimony at trial.
2
CDCR Defendants’ Designation of Expert Witnesses; Decl. In Support Thereof (BCV-20-101420 JEB)
1 By identification of these non-retained health care providers and related staff members, CDCR

2 Defendants do not expressly adopt any of their opinions; rather CDCR Defendants reserve the right

3 to adopt or refute such opinions when appropriate. From the medical records and bills available at

4 the time of this designation, the CDCR Defendants are aware of the following health care providers,

5 whose addresses are presumed to be known to Plaintiff and which are equally available within the

6 medical records and bills. This list is not intended to be exhaustive, but CDCR Defendants hereby

7 designate each and every health care provider for Christina Cardenas regarding her alleged injuries,

8 which include, but are not limited to:

9 1. Laurie Costa, MSN, PMHMP
10 2. Morgan Shaw, Psy.D.
11 3. Maria Gutierrez, LMFT
12 CDCR Defendants reserve the right to call any of the above health care providers or
13 physicians, or any health care provider or physician identified in Christina Cardenas’s respective
14 health care records and/or discovery responses. The above individuals are not retained experts as
15 described in Code of Civil Procedure section 2034.260(b)(1), but may be asked to offer expert
16 opinion testimony in addition to testimony regarding their percipient observations.
17 RESERVATION OF RIGHTS
18 CDCR Defendants retain the right to amend, modify, or supplement this First Expert

19 Designation pursuant to the provisions of Code of Civil Procedure section 2034.280 or by order of
20 this Court. Such witnesses will be made available for deposition prior to trial and within the time

21 frame set by statute or by the court.

22 CDCR Defendants expressly reserves the right to call any expert witnesses, either presently

23 or later identified by any other party to this action, even though not specifically retained by CDCR

24 Defendants. CDCR Defendants, in compliance with the Code of Civil Procedure section 2034.210

25 et seq., incorporates as though fully set forth herein, the designation of all expert witnesses served

26 or to be served by all other parties to this action.

27 CDCR Defendants reserve the right to elicit testimony of an expert nature from any

28 employee or agent, current or past, of any party to this action who may have information, facts, or
3
CDCR Defendants’ Designation of Expert Witnesses; Decl. In Support Thereof (BCV-20-101420 JEB)
1 opinions concerning the issues of this litigation or any aspect of this litigation.

2 CDCR Defendants expressly reserve the right to call as experts or elicit expert testimony of

3 those identified in (i) response to interrogatories served in this action by or on behalf of any party;

4 (ii) any depositions in this matter; or (iii) any reports or documents related to this matter. With

5 respect to those individuals who have been identified in responses to interrogatories, deposition

6 transcripts and/or any report that has been prepared, the same individuals are incorporated as though

7 fully set forth herein.

8 CDCR Defendants do not list herein, but nevertheless reserve the right to call as witnesses

9 to testify, on either lay or expert matters, or both, those individuals who are employees or former
10 employees of any party to the action and who may be called to testify at trial under Evidence Code
11 section 776 either live or through competent former testimony.
12 Since discovery in this action has not yet been completed, CDCR Defendants expressly
13 reserve the right to serve a supplemental designation of expert witness as discovery continues in
14 this action and witnesses are identified. CDCR Defendants will designate such witnesses’ names,
15 addresses, and qualifications along with the general substance of their testimony as soon as same
16 are ascertained so as to allow complete discovery opinions and documentation.
17 In the event that any additional analysis is obtained by any other parties prior to trial, CDCR
18 Defendants reserve the right to call as an expert witness the professional performing the analysis.
19 CDCR Defendants further reserve the right to designate experts as permitted by statute as rebuttal
20 expert witnesses and to call at trial any expert witness for purposes of impeachment.

21 ///

22 ///

23 ///

24 ///

25 ///

26 ///

27 ///

28 ///
4
CDCR Defendants’ Designation of Expert Witnesses; Decl. In Support Thereof (BCV-20-101420 JEB)
1 If any witnesses discussed or listed above are not available at the time of trial, CDCR

2 Defendants hereby advise all parties that they will seek the introduction of competent former

3 testimony, including depositions of such witnesses in lieu of their live testimony.

4 Dated: October 9, 2023
Rob Bonta
5 Attorney General of California
Deborah B. Wadleigh
6 Supervising Deputy Attorney General
7

8 Nilufar K. Majd
Deputy Attorney General
9 Attorneys for Defendants
G. Adame, L. Rodriguez and
10 California Department of
Corrections and Rehabilitation
11

19
20

28
5
CDCR Defendants’ Designation of Expert Witnesses; Decl. In Support Thereof (BCV-20-101420 JEB)
1 DECLARATION OF NILUFAR K. MAJD
2 I, Nilufar K. Majd, declare as follows:

3 1. I am an attorney duly licensed to practice law in the State of California and am a deputy

4 attorney general with the California Office of the Attorney General, and counsel for the California

5 Department of Corrections and Rehabilitation (CDCR), G. Adame and L. Rodriguez (collectively

6 CDCR Defendants). The factual and procedural background in this matter is known to me

7 personally. I submit this Declaration in support of CDCR Defendants’ First Expert Witness

8 Designation. The following is a list of experts CDCR Defendants intend to offer at trial in this

9 action, either orally or by deposition testimony. The retained experts listed in the accompanying

10 designation have agreed to testify at the trial of this matter. At a mutually agreeable time and place,

11 said experts will be sufficiently familiar with the pending action to submit to a meaningful oral

12 deposition concerning their opinions and the basis thereof.

13 2. The qualifications, general substance of testimony, and hourly and/or daily fees, where

14 known, of CDCR Defendants’ designated experts are as follows:

15 3. Dr. Ross Levin is board-certified in emergency medicine by the American Board of

16 Emergency Medicine. He may testify regarding the standard of medical care, medical practices in

17 the context of body cavity searches and search warrants. He will also be prepared to respond to

18 pertinent and relevant Plaintiff’s experts and other defense experts’ opinions.

19 Dr. Levin has agreed, if called, to testify at the trial of this matter, and will be sufficiently

20 familiar with the pending action to submit to a meaningful oral deposition concerning any opinion

21 and its basis. Dr. Levin’s hourly deposition fee is $700, billable in half-day (four hour) increments

22 for each half-day deposition. A copy of Dr. Levin’s curriculum vitae and fee schedule are attached

23 hereto, as Exhibit A.

24 4. Dr. Renee Sorrentino is a board certified forensic psychiatrist. She may testify regarding

25 Plaintiff’s claims of post-incident Post-Traumatic Stress Disorder (PTSD) and other claimed

26 psychological damages as a result of the incident at issue in this suit. Dr. Sorrentino may also

27 provide testimony regarding medical aspects of Plaintiff’s claimed damages, Plaintiff’s medical

28 conditions, alleged causal associations between Plaintiff’s claimed damages and the incident.
6
CDCR Defendants’ Designation of Expert Witnesses; Decl. In Support Thereof (BCV-20-101420 JEB)
1 Dr. Sorrentino has agreed, if called, to testify at the trial of this matter and will be

2 sufficiently familiar with the pending action to submit a meaningful oral deposition concerning any

3 opinion and its basis. Dr. Sorrentino’s deposition fee is $700 per hour. A copy of Dr. Sorrentino’s

4 curriculum vitae and fee schedule are attached hereto as Exhibit B.

6 I declare under the penalty of perjury under the laws of the state of California that the

7 foregoing is true and correct.

8 Executed this 9th day of October 2023 at San Francisco, California.

9
10
_________________________
11 Nilufar K. Majd

19
20

28
7
CDCR Defendants’ Designation of Expert Witnesses; Decl. In Support Thereof (BCV-20-101420 JEB)
EXHIBIT B
Ross Levin , M.D.
January 17, 2024

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 IN AND FOR THE COUNTY OF KERN
3
4 CHRISTINA CARDENAS, AN
INDIVIDUAL,
5
PLAINTIFF,
6 v. Case No. BCV-20-101420
7 GABRIEL ADAME, AN
INDIVIDUAL; OFFICER
8 RODRIGUEZ, AN INDIVIDUAL;
DR. I-WEN TSENG, AN
9 INDIVIDUAL; ADVENTIST
HEALTH TEHACHAPI VALLEY, A
10 PRIVATE CALIFORNIA BUSINESS
ENTITY; CALIFORNIA
11 DEPARTMENT OF CORRECTIONS
AND REHABILITATION, A
12 CALIFORNIA GOVERNMENTAL
DEPARTMENT; CALIFORNIA
13 CORRECTIONAL INSTITUTION, A
CALIFORNIA GOVERNMENTAL
14 AGENCY; STATE OF
CALIFORNIA, A GOVERNMENT
15 ENTITY; AND DOES 1 TO 50,
INCLUSIVE,
16
DEFENDANTS.
17
____________________________)
18
19 VIDEOTAPED DEPOSITION OF
20 ROSS LEVIN, M.D.
21 JANUARY 17, 2024
22
23 ATKINSON-BAKER, A VERITEXT COMPANY
(800) 288-3376
24 REPORTED BY: KIMBERLY K. WALSTAD, CSR NO. 13828
25 FILE NO.: 6293741

Page 1

Atkinson-Baker, A Veritext Company
(818) 551-7300 www.veritext.com
Ross Levin , M.D.
January 17, 2024

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 IN AND FOR THE COUNTY OF KERN
3
4 CHRISTINA CARDENAS, AN
INDIVIDUAL,
5
PLAINTIFF,
6 v. Case No. BCV-20-101420
7 GABRIEL ADAME, AN
INDIVIDUAL; OFFICER
8 RODRIGUEZ, AN INDIVIDUAL;
DR. I-WEN TSENG, AN
9 INDIVIDUAL; ADVENTIST
HEALTH TEHACHAPI VALLEY, A
10 PRIVATE CALIFORNIA BUSINESS
ENTITY; CALIFORNIA
11 DEPARTMENT OF CORRECTIONS
AND REHABILITATION, A
12 CALIFORNIA GOVERNMENTAL
DEPARTMENT; CALIFORNIA
13 CORRECTIONAL INSTITUTION, A
CALIFORNIA GOVERNMENTAL
14 AGENCY; STATE OF
CALIFORNIA, A GOVERNMENT
15 ENTITY; AND DOES 1 TO 50,
INCLUSIVE,
16
DEFENDANTS.
17
____________________________)
18
19 The videotaped deposition of
20 ROSS LEVIN, M.D., was taken on behalf of the
21 Plaintiff, commencing at 10:03 a.m., on January 17,
22 2024, before Kimberly K. Walstad, CSR No. 13828,
23 CRR, CBC, RPR, RMR, State of California certified
24 stenographic reporter located in the state of
25 California.

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Atkinson-Baker, A Veritext Company
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Ross Levin , M.D.
January 17, 2024

1 APPEARANCES
2 FOR PLAINTIFF:
3 John C. Carpenter, Esq.
Carlos A. Hernandez, Esq.
4 Carpenter & Zuckerman
8827 West Olympic Boulevard
5 Beverly Hills, CA 90211-3613
(310)273-1230
6 carpenter@cz.law
chernandez@cz.law
7
8 FOR DEFENDANTS CALIFORNIA DEPARTMENT OF CORRECTIONS
AND REHABILITATION, GABRIEL ADAME, OFFICER
9 RODRIGUEZ, CALIFORNIA CORRECTIONAL INSTITUTION AND
STATE OF CALIFORNIA:
10
11 Nilufar K. Majd, Esq.
Colin Shaff, Esq.
12 Alexandria Faura, Esq.
Office of Attorney General
13 Correctional Law Section
300 South Spring Street, Suite 1702
14 Los Angeles, CA 90013
(213)269-6000
15 Nilu.Majd@doj.ca.gov
Colin.Shaff@doj.ca.gov
16 Alexandria.Faura@doj.ca.gov
17
18 FOR DEFENDANT DR. I-WEN TSENG:
19 Loren S. Leibl, Esq.
Leibl, Miretsky & Mosely, LLP
20 5014 Chesebro Road
Agoura Hills, CA 91301
21 (818)380-0123
loren.leibl@mjll.com
22
23
24
25

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Atkinson-Baker, A Veritext Company
(818) 551-7300 www.veritext.com
Ross Levin , M.D.
January 17, 2024

1 APPEARANCES
(continued)
2
3 FOR DEFENDANT ADVENTIST HEALTH TEHACHAPI VALLEY:
4 Joshua Traver, Esq.
Cole Pedroza, LLP
5 2295 Huntington Drive
San Marino, CA 91108
6 (323)487-1101
jtraver@colepedroza.com
7
8
9 FOR DEFENDANTS PREMIER EMERGENCY PHYSICIANS OF
CALIFORNIA MEDICAL GROUP, A PROFESSIONAL CORPORATION
10 ERRONEOUSLY NAMED AS PREMIER EMERGENCY PHYSICIAN OF
CALIFORNIA MEDICAL GROUP, SUED HEREIN AS DOE 1:
11
Brenda Ligorsky, Esq.
12 Kelly, Trotter & Franzen
111 West Ocean Boulevard, 14th Floor
13 Long Beach, CA 90801
(562)432-5855
14 bmligorsky@kellytrotter.com
15
16 Videographer:
17 Sarah Weiler, Veritext Legal Solutions
18
19
20
21
22
23
24
25

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Atkinson-Baker, A Veritext Company
(818) 551-7300 www.veritext.com
Ross Levin , M.D.
January 17, 2024

1 P R O C E E D I N G S 10:01

2 THE VIDEOGRAPHER: Good morning. We are 10:03

3 going on the record at 10:03 a.m. on January 17,

4 2024.

5 Please note that microphones are sensitive 10:03

6 and may pick up whispering, private conversations,

7 and cellular interference. Please turn off all

8 cell phones or place them away from the microphones

9 as they can interfere with the deposition audio.

10 Audio and video recording will continue to take

11 place unless all parties agree to go off the record.

12 This is media unit 1 of the video-recorded 10:03

13 deposition of Dr. Ross Levin taken by counsel for

14 Plaintiff in the matter of Christina Cardenas vs.

15 Gabriel Adame, et al., filed in the

16 Superior Court of the State of California for the

17 County of Kern, Case Number BCV-20-101420.

18 This deposition is being held remotely. 10:04

19 My name is Sarah Weiler from the firm 10:04

20 Veritext Legal Solutions, and I'm the videographer.

21 The court reporter is Kimberly Walstad from the firm

22 Veritext Legal Solutions. I am not related to any

23 party in this action, nor am I financially

24 interested in the outcome.

25 Counsel and all present in the room and 10:04

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Atkinson-Baker, A Veritext Company
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Ross Levin , M.D.
January 17, 2024

1 everyone attending remotely will now state their

2 appearances and affiliations for the record.

3 If there are any objections to proceeding, 10:05

4 please state them at the time of your appearance,

5 beginning with the noticing attorney.

6 MR. CARPENTER: Yes. Good morning. 10:05

7 John Carpenter on behalf of the Plaintiff,

8 Christina Cardenas.

9 MS. MAJD: Good morning. Nilu Majd for 10:05

10 CDCR defendants, and I will be defending Dr. Levin's

11 deposition this morning.

12 MR. LEIBL: Good morning. Loren Leibl on 10:05

13 behalf of Dr. Tseng.

14 MS. LIGORSKY: Good morning. 10:05

15 Brenda Ligorsky on behalf of Defendant Premier

16 Emergency Medicine.

17 MR. TRAVER: Good morning. Joshua Traver 10:05

18 on behalf of Adventist Health Tehachapi Valley.

19 MR. SHAFF: Good morning. This is 10:05

20 Colin Shaff with the California Attorney General's

21 Office.

22 MS. FAURA: Good morning. This is 10:05

23 Alexandria Faura also with the California Attorney

24 General's Office.

25 THE WITNESS: And good morning. 10:05

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Atkinson-Baker, A Veritext Company
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Ross Levin , M.D.
January 17, 2024

1 Dr. Levin, expert witness.

2 THE COURT REPORTER: Okay. Would you 10:06

3 please raise your right hand, Dr. Levin.

4 ROSS LEVIN, M.D., 10:06

5 (duly sworn) 10:06

6 THE COURT REPORTER: Okay. Real quickly, 10:06

7 Counsel, when you are objecting, since there are

8 multiple attorneys, if you could be so kind as to

9 state your name, that would be very helpful. Thank

10 you.

11 MR. CARPENTER: All right. Can we start? 10:06

12 THE VIDEOGRAPHER: Yes. 10:06

13 MR. CARPENTER: Okay. All right. Good. 10:06

14 EXAMINATION 10:06

15 BY MR. CARPENTER: 10:06

16 Q Good morning, Doctor. 10:06

17 A Good morning. 10:06

18 Q Would you please state and spell your 10:06

19 full name for the record, please?

20 A Yes. My first name, Ross, R-o-s-s. Last 10:06

21 name, Levin, L-e-v-i-n.

22 Q Okay. And do you have a middle name, 10:06

23 Mr. Levin -- or Dr. Levin?

24 A Yes. Elliot, E-l-l-i-o-t. 10:06

25 Q One "t"? 10:06

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Atkinson-Baker, A Veritext Company
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Ross Levin , M.D.
January 17, 2024

1 designated scope. It also calls for speculation.

2 Doctor, you can answer. 11:53

3 THE WITNESS: No, I don't believe the 11:53

4 hospital needed to train the physician. The

5 physician was hired by an independent group who

6 should have appropriately vetted the physician for

7 training. This type of training, as with me and

8 with other prudent, reasonable emergency room

9 physicians, is through medical school and residency

10 and education. It doesn't need to be given by the

11 hospital.

12 BY MR. CARPENTER: 11:53

13 Q Then let me -- then let me -- let me 11:53

14 rephrase the question slightly because, you know,

15 your group, Ventura Emergency Physicians, is the

16 independent group you're talking about, right?

17 A That's correct. 11:53

18 Q So don't you -- if the hospital entered 11:53

19 into a contract with CDCR to perform nonconsensual

20 body cavity searches pursuant to a warrant, don't

21 you think that the hospital should tell your group,

22 Ventura Emergency Physicians, of that expectation?

23 MR. TRAVER: Same objections. 11:54

24 THE WITNESS: I don't see anything in here 11:54

25 that talks about nonconsensual body cavity searches.

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Ross Levin , M.D.
January 17, 2024

1 BY MR. CARPENTER: 11:54

2 Q So -- okay. Of the search warrant cases 11:54

3 that you have done, how many of the people said,

4 "Please" -- "please look inside my anus and my

5 vagina" as --

6 MS. MAJD: Objection. 11:54

7 BY MR. CARPENTER: 11:54

8 Q -- in the form of consent? 11:54

9 MS. MAJD: Argumentative. 11:54

10 MR. TRAVER: Argumentative. Join. 11:54

11 MS. MAJD: Harassing. 11:54

12 THE WITNESS: The more common scenario is 11:54

13 that the patient in custody does consent and wants

14 to get through things as fast as possible and move

15 forward.

16 BY MR. CARPENTER: 11:55

17 Q In your experience? 11:55

18 A In my experience. 11:55

19 Q Okay. Describe one of them for me, 11:55

20 please, that you can recall.

21 A That, I'm not going to do based on the 11:55

22 HIPAA privacy rule.

23 Q I'm not asking -- I'm not asking for 11:55

24 names, sir. I'm asking for -- I'm asking for

25 scenarios. Please describe for me one. A time

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Atkinson-Baker, A Veritext Company
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Ross Levin , M.D.
January 17, 2024

1 where you remember personally where someone said

2 voluntarily, "Please look inside my anus or my

3 vagina," pursuant to a search warrant.

4 MS. MAJD: Objection. Argumentative. 11:55

5 It's harassing.

6 MR. TRAVER: Argumentative as phrased. 11:55

7 THE WITNESS: I'm a little worried about 11:55

8 HIPAA rules here. I don't know.

9 BY MR. CARPENTER: 11:55

10 Q There's no worry about HIPAA here. We're 11:55

11 not disclosing any more than you would talk about

12 an operation. So just tell us. Describe -- don't

13 give me the names. Don't give me --

14 A I don't talk about patient care with 11:55

15 anybody so, no, I --

16 Q Well, you just did when you said the 11:56

17 majority of them consent, Doctor.

18 MS. MAJD: Objection. 11:56

19 BY MR. CARPENTER: 11:56

20 Q You just did.

Case Info

Judge

Pulskamp, Gregory Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

May 08, 2024

Case Filing Date

June 21, 2020

County

Parties

ADVENTIST HEALTH MEDICAL CENTER TEHACHAPI Defendant
ADVENTIST HEALTH TEHACHAPI VALLEY Defendant
ADVENTIST HEALTH TEHACHAPI VALLEY Defendant
ADVENTIST HEALTH TEHACHAPI VALLEY, A PRIVATE CALIFORNIA BUISNESS ENTITY Defendant
ADVENTIST HEALTH TEHACHAPI VALLEY, A PRIVATE CALIFORNIA BUISNESS ENTITY Defendant
ALLRED, GLORIA R. Attorney for the Plaintiff
CALIFORNIA CORRECTIONAL INSTITUTION, A CALIFORNIA GOVERNMENTAL AGENCY Defendant
CALIFORNIA CORRECTIONAL INSTITUTION, A CALIFORNIA GOVERNMENTAL AGENCY Defendant
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, A CALIFORNIA GOVERNMENT DEPARTMENT Defendant
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, A CALIFORNIA GOVERNMENT DEPARTMENT Defendant
CARDENAS, CHRISTINA Plaintiff
CARDENAS, CHRISTINA Plaintiff
CARPENTER, JOHN C. Attorney for the Plaintiff
CARPENTER, JOHN C. Attorney for the Plaintiff
CROCKETT, ROBERT D Attorney for the Defendant
DR. I-WEN TSENG, AN INDIVIDUAL Defendant
DR. I-WEN TSENG, AN INDIVIDUAL Defendant
GABRIEL ADAME, AN INDIVIDUAL Defendant
GABRIEL ADAME, AN INDIVIDUAL Defendant
I-WEN TSENG, D.O. Defendant
I-WEN TSENG, D.O. Defendant
LEIBL, LOREN S Attorney for the Defendant
LIGORSKY, BRENDA M Attorney for the Defendant
MOULIN, LEE MICHAEL Attorney for the Defendant
MOULIN, LEE MICHAEL Attorney for the Defendant
OFFICER RODRIGUEZ, AN INDIVIDUAL Defendant
OFFICER RODRIGUEZ, AN INDIVIDUAL Defendant
PEDROZA, KENNETH R Attorney for the Defendant
PREMIER EMERGENCY PHYSICIAN OF CALIFORNIA MEDICAL GROUP, A PROFESSIONAL CORPORATION Defendant
PREMIER EMERGENCY PHYSICIANS OF CALIFORNIA MEDICAL GROUP A PROFESSIONAL CORPORATION Defendant
SHAFF, COLIN ANDRIS Attorney for the Defendant
SHAFF, COLIN ANDRIS Attorney for the Defendant
STATE OF CALIFORNIA, A GOVERNMENT ENTITY Defendant
STATE OF CALIFORNIA, A GOVERNMENT ENTITY Defendant
TREPANIER, LISA DEARDEN Attorney for the Defendant
Carlos Hernandez Attorneys for Plaintiffs
Michael Miretsky Attorneys for Defendants
Shiran Zohar Attorneys for Defendants
Audra Call Attorneys for Defendants
Deborah Wadleigh Attorney
Gabriel Minsal Attorneys for Plaintiffs
Matthew Singer Attorneys for Plaintiffs
Gina Shandler Attorneys for Plaintiffs
Alexandria Faura Attorneys for Defendants
Lisa Dale Attorney
Joshua Traver Attorneys for Defendants
Michael Trotter Attorneys for Defendants
Asa Eaton Attorneys for Plaintiffs
Gabriel Araj Attorney
Nilufar Majd Attorneys for Defendants
Kathryn Schwertfeger Attorneys for Defendants
Gregory Eisner Attorneys for Defendants
Wendy Tseng Attorney
Kathryn Mosely Attorney
Lisa Dugoni Attorney
Vincent Bennett Attorney

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No Value: CARDENAS VS GABRIEL ADAME ET AL

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Parties