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  • Richard Garza, et al. vs. Richard Ravalin, MDMedical Malpractice Unlimited (45) document preview
  • Richard Garza, et al. vs. Richard Ravalin, MDMedical Malpractice Unlimited (45) document preview
  • Richard Garza, et al. vs. Richard Ravalin, MDMedical Malpractice Unlimited (45) document preview
  • Richard Garza, et al. vs. Richard Ravalin, MDMedical Malpractice Unlimited (45) document preview
  • Richard Garza, et al. vs. Richard Ravalin, MDMedical Malpractice Unlimited (45) document preview
  • Richard Garza, et al. vs. Richard Ravalin, MDMedical Malpractice Unlimited (45) document preview
  • Richard Garza, et al. vs. Richard Ravalin, MDMedical Malpractice Unlimited (45) document preview
  • Richard Garza, et al. vs. Richard Ravalin, MDMedical Malpractice Unlimited (45) document preview
						
                                

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CIV-120 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Scott R. Kanter, Esq. SB No. 199696 HINSHAW MARSH STILL & KANTER, LLP 12901 Saratoga Avenue Saratoga, CA 95070 TELEPHONE NO.: (408) 861-6500 FAX NO.:(408) 257-6645 E-MAIL ADDRESS: skanter@hinshaw-law.com ATTORNEY FOR (Name): Defendant MARC JOHNSON, M.D. SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY STREET ADDRESS: 1200 Aguajito Rd. MAILING ADDRESS: CITY AND ZIP CODE: Monterey, CA 93940 BRANCH NAME: Monterey Division - Civil Unlimited PLAINTIFF/PETITIONER: Richard Garza and Laura Maldonado DEFENDANT/RESPONDENT: Marc Johnson, M.D. CASE NUMBER: NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE 23CV000096 ‰ X Personal Injury, Property Damage, or Wrongful Death ‰ Motor Vehicle ‰X Other ‰ Family Law ‰ Eminent Domain ‰ Other (specify): TO ATTORNEYS AND PARTIES WITHOUT ATTORNEYS: A dismissal was entered in this action by the clerk as shown on the Request for Dismissal. (Attach a copy completed by the clerk.) Date: June 18, 2024 SCOTT R. KANTER (TYPE OR PRINT NAME OF ‰ X ATTORNEY ‰PARTY WITHOUT ATTORNEY) (SIGNATURE) PROOF OF SERVICE 1. I am over the age of 18 and not a party to this cause. My residence or business address is: Business: 12901 Saratoga Avenue, Saratoga, California 95070 2. ‰ I am a resident of or employed in the county where the mailing occurred. I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by mailing them, in a sealed envelope with postage fully prepaid, as follows: a. ‰ I deposited the envelope with the United States Postal Service. b. ‰ I placed the envelope for collection and processing for mailing following this business's ordinary practice with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. c. Date of deposit: d. Place of deposit (city and state): e. Addressed as follows (name and address): 3. ‰ I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by personally delivering copies as shown below: a. Name of person served: b. Address at which person served: c. On (date): d. At (time): 4. ‰ X I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by electronically serving copies as shown below (complete if electronic service is used based on a court order or agreement of the parties): a. Name of person served: SEE ATTACHED PROOF OF SERVICE b. Electronic service address of person served: c. On (date): June 18, 2024 d. At (time): 11:30 a.m. e. Electronic service address from which I served the documents: aobey@hinshaw-law.com ‰X Proof of electronic service is attached. 5. ‰ Proof of service on additional parties is attached. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: June 17, 2024 Annamarie Obey (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 1 of 1 Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.; Judicial Council of California NOTICE OF ENTRY OF DISMISSAL Cal. Rules of Court, rule 3.1390 CIV-120 [Rev. January 1, 2012] www.courts.ca.gov AND PROOF OF SERVICE Garza.Johnson crv-{10 ATTORNEY OR PARTY WTHoUT ATTORNEY STA1E BAR NUMBER. 244732 FOR COURT USE ONLY NAME: Clarissa E. Kearns WALKER, HAMILTON & KEARNS, LLP FrRM NAriE: ELECTRONICALLY FILED BY STREETADDRESS: 50 FranciSCO Street, Suite 460 Superior Court of California, crry: san Francisco srArE: GA zlPcoDE: 94133-2100 County of Monterey TELEPHoNENo.: (415)986-3339 FrxNo.: (415)986-1618 On 5/22/2024 11:29 AM E-MAILADDRESS: clarissa@Whk-law.COm and e-service@whk-law.Com By: Hicet Ramirez-Perez, Deputy ArroRNEy FoR (name): Plaintiffs Richard Garza and Laura Maldonado SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY STREETADDRESS: 1200 Aguajito ROad MAILING ADDRESS, 1 200 Aguajito Road clrY AND zlP coDE: Monterey, CA 93940 BRANoH NAME: MOnterey DiViSiOn PLAINTIFF/PETITIONER: Richard Gaza and Laura Maldonado DEFENDANT/RESPONDENT: Richard Ravalin M.D., et al. CASE NUMBER: REQUEST FOR DISMISSAL 23CV000096 A conformed copy will not be returned by the clerk unless a method of return is provided with the document' This form may not be used for dismissal of a derivative action or a class action or of any pafi or cause of action in a class action. (Cal. Rules of Court, rules 3.750 and 3.770.) 1. TO THE CLERK: Please dismiss this action as follows: a. (1) x With preludice (2) l--l Wthout preludice b.(1) x Complaint (2) T--l Petition (3) Cross-complaint filed by (name): on (date). (4) Cross-complaint filed by (name): on (date). (5) l---l Entire action of all parties and all causes of action (o, x Other (specify):* As to defendants Agile Occupational Medicine and Marc D. Johnson, M.D., ONLY. Each party to bear own costs & attorneys' 2, (Complete in a// cases except family law cases.,) fees. The court l---l did x did not waive court fees and costs for a party in this case. (This information may he obtained from the clerk. lf couri fees and cosfs were waived, the declaration on the back of this form must be completed). Date: 512212024 Clarissa E. Kearns > Urr*..* Kna'rn- (rypE oR pRrNr NAnlte or l-Fl ArroRNEy l---l pnnw wrHour ATToRNEY) (SIGNATURE) *lf dismissal requested is of specified parties only of specified causes of action only, or Attorney or party without attorney for: of specified cross-complaints only, so slate and identify the parties, causes of aclion, or cross-complaints to be dismissed x Plaintiff/Petitioner l--l DefendanVRespondent l---l Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: > pnnrv wrHouT (SIGNATURE) (TYPE OR PR|NT NArr,re Or f--l ATToRNEY l--l ATToRNEY) ** lf a crosecomplaint - or Response (Family Law) seeking aflirmative relief - is on Attorney or party without attorney for: file, the attorney for cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure sec{ion 581 (i) or O. [-l Plaintiff/Petitioner f--l Defendant/Respondent f--l Cross-Complainant 4. 5. Dismissal entered on (date):5/22/2024 as to only (name): Defendants Agile Occupational Medicine and Marc D. X 6. Dismissal not entered as requested for the following reasons (specify): Johnson, M.D. ONLY 7. a. [-X Attorney or party without attorney notified on (date): 5/29/2024 b. l---.l Attorney or party without attorney not notified. Filing party failed to provide E a copy to be conformed E means to return conformed copy Date 5/29/2024 Clerk, by /s/ Hicet Ramirez-Perez Deputy Page 1 of 2 Code of Civil Pro@dure, S 581 et seq.: Fom Adopted for lVandatory Use REQUEST FOR DISMISSAL Gov. Code, S 68637(c); Cal. Rules ofCourt, rule 3.1390 Judicial Council of Califomia CIV-1'10 IRev. January 1, 20131 www.coufts ca gov ctv-1 PLAINTI FFlPETITIONER: Richard Gaza and Laura Maldonado CASE NUMBER: 23CV000096 DEFENDANTi RESPONDENT: Richard Ravalin M.D., Et Al COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS lf a party whose court fees and costs were initially waived has recovered or will recover $10,000 or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied. (Gov. Code, S 68637.) Declaration Concerning Waived Court Fees 1. The court waived court fees and costs in this action for (name): 2. The person named in item 1 is (check one below): a. [-l not recovering anything of value by this action. b. l---l recovering less than $10,000 in value by this action. 3. All court fees and court costs that were waived in this action have been paid to the courl (check one): f-l Yes l--l No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: > (SIGNATURE) (TYPE oR PRrNr Nnrve or l----l ATTORNEY PARry MAKING DECLARAIION) Page 2 of 2 CIV-1 10 [RBv. January 1, 201 3] REQUEST FOR DISMISSAL I PROOF OF SERVICE 2 Garza v. Ravalin, M.D., et al. J Monterey County Superior Court Case No.: 23CV000096 4 My business address is 50 Francisco Street, Suite 460, San Francisco, California94133. I am employed in the County of San Francisco, where this mailing occurs. I am over the age of 18 5 years and not a party to the within cause. On the date set forth below, I served the foregoing 6 document(s) described as: 7 REQUEST F'OR DISMISSAL 8 on the following person(s) in this action by placing a true copy thereof enclosed in a sealed 9 envelope addressed as listed below. l0 lxl BY ELECTRONIC SERVICE - E-MAIL On May 22,2024, based on an agreement or stipulation of the parties to accept electronic service and/or CCP $1010.6(e), I caused said l1 document(s) to be sent via electronic mail to the email addresses listed below from my email address: Marshall@w hk-law. com t2 James J. Zenere Tel: (408) 430-3s51 13 Diane Point 14 ZENERE COWDEN & STODDARD, APC E-mail: izenere@zcslawfirm.com 2005 De LaCruz Blvd., Suite 240 E-mail: dpoint@zcslawfirm.com l5 Santa Clara, CA 95050 Attorneys for Defendant MONTEREY 16 P ENINSULA SURGERY CENTER (inconectly l7 sued herein as MONTEREY PENINSULA SURGERY CENTERS) l8 Michele Raley Tel: (650) 543-2186 t9 SCHMID & VOILES Fax: (925) 482-8128 100 Pringle Avenue, Suite 233 20 Walnut Creek, CA94596 E-mail: mraley@schmidvoiles.com 2l Attorneysfor Defendant Richard Ravalin, M.D E-mail: apedersen@schmidvoiles.com E-mail: ipetrini@schmidvoiles.com 22 Barry Marsh Tel: (408) 861-6500 23 Scott Kanter Fax: (408) 257-6645 24 HINSHAW, MARSH, STILL & HINSHAW, LLP E-Mail: BMarsh@hinshaw-law.com 25 12901 Saratoga Avenue E-Mail : skanter@hinshaw-law.com Saratoga, CA 95070 E-Mail: aobev@hinshaw-law.com 26 Attorneysfor Defendants Marc Johnson, M.D., and P innacle Healthcare 27 28 PROOT. SERVICE 1 2 I declare under penalty of perjury under the laws of the State of that the foregoing is true and correct and that this declaration on 2024, at San a J Francisco, CA. 4 By: Kleiber 5 6 7 8 9 l0 1l t2 l3 t4 15 t6 17 18 l9 20 2l 22 23 24 25 26 27 28 2 PROO}.OF SERVICE 1 PROOF OF SERVICE (C.C.P. §§ 1010.6, 1013a, 1013b, 2015.5; CRC 2.251) 2 I, the undersigned, say: 3 I am now and at all times herein mentioned have been over the age of 18 years, am employed 4 with a law firm in Santa Clara County, California, and not a party to the within action or cause. My firm’s business address is 12901 Saratoga Avenue, Saratoga, California 95070. 5 I am readily familiar with this firm’s business practice for collection and processing of 6 correspondence for mailing with the U.S. Postal Service, mailing via Federal Express, hand delivery via messenger service, transmission by facsimile machine, and transmission by electronic mail. On 7 the date of my signature, below, I served each of the following documents: 8 NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE By the following methods: 9 X BY ELECTRONIC SERVICE: My electronic service address is aobey@smtlaw.com. 10 I transmitted the documents to the persons by electronic mail at the electronic mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic 11 message or other indication that the transmission was unsuccessful. 12 On each of the following persons, using the service addresses indicated: 13 Timothy M. Hamilton, Esq. Clarissa Kearns, Esq. 14 Attorney for Plaintiffs WALKER, HAMILTON & KEARNS, LLP RICHARD GARZA and LAURA 15 50 Francisco Street, Suite 460 MALDONADO San Francisco, CA 94133 16 Telephone: 415.986.3339 17 Fax: 415.986.1618 tim@whk-law.com 18 clarissa@whk-law.com serena@whk-law.com 19 service@whk-law.com marshall@whk-law.com 20 21 Michele Raley, ESQ. Attorneys for Defendant Jessica A. Petrini, ESQ. RICHARD RAVALIN, M.D. 22 SCHMID & VOILES 100 Pringle Avenue, Suite 233 23 Walnut Creek, CA 94596 mraley@schmidvoiles.com 24 jpetrini@schmidvoiles.com 25 apedersen@schmidvoiles.com. James J. Zenere, Esq. Attorneys for Defendant 26 ZENERE COWDEN & STODDARD APC Monterey Peninsula Surgery Center 27 2005 De La Cruz Blvd., Suite 240 Santa Clara, CA 95050 28 jzenere@zcslawfirm.com Law Offices of HINSHAW, MARSH, dpoint@zcslawfirm.com STILL & KANTER, LLP 12901 Saratoga Avenue Saratoga, CA 95070 (408) 861-6500 PROOF OF SERVICE 1 1 2 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed on June 18, 2024. 3 4 ___________________________________________ 5 Annamarie Obey 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Law Offices of HINSHAW, MARSH, STILL & KANTER, LLP 12901 Saratoga Avenue Saratoga, CA 95070 (408) 861-6500 PROOF OF SERVICE 2