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ADAM FELDMAN (SBN: 333667) ELECTRONICALLY FILED
adamQaadamfeldmanlaw.corn Superior Court of California
2 EVAN A. BARR (SBN: 333169) County of Santa Barbara
Darrel E. Parker, Executive Officer
evangaadamfeldmanlaw.corn 6/21/2024 4:51 PM
ADAM FELDMAN LAW, APC By: Norma Willoughby , Deputy
5850 Canoga Avenue, Suite 400
Woodland Hills, CA 91367
5 T: 818-710-3833F: 818-710-3802
Attorney for Plaintiff
7 SUPERIOR COURT OF STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA, COOK DIVISION
GABRIELA ANACONA through her guardian Case No.: 24CV00455
ad litem DENISSE ANACONA MARTINEZ, an Assigned to the Honorable .lames F. Rigali
11 individual,
DECLARATION OF ADAM FFLDMAN IN
12
SUPPORT OF PLAINTIFF GABRIELA
13 Plaintiff, ANACONA'S OPPOSITION TO
DEFENDANT DIGNITY HEALTH dha
14 MARIAN REGIONAL MEDICAL
CENTER'S DFMURRER TO
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PLAINTIFF'S FIRST AMENDED
16 COMPLAINT
DIGNITY IIEALTH dba MARIAN RFGIONAL
17 MEDICAL CENTER, AND DOES 1-100, [Opposition and Proposed Order filed
Inclusive, concurrently]
19 FAC Filed: May 6, 2024
Defendants.
20 Date: July 9, 2024
21 Time: 8:30 a.m.
Dept: SM-2
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I Adam Feldman declare as follows:
24 I am an attorney duly licensed to practice before all courts in the state of California and am the
25 attorney of record for Plaintiff GABRIFI A ANACONA who has brought this action by and through her
26 guardian ad litem DFNISSF. ANACONA MARTINEZ. I have personal knowledge of the facts set forth
hcrcin and if called upon as a witness, I could and would testify as follows:
78
I
DECLARATION OF ADAM FELDMAN, ESQ., IN SUPPORT OF PLAINTIFF GAIIRIELA ANACONA'S OPPOSITION TO
DEFENDANT DIGNITY I IEALTI I aba MARIAN REGIONAL MFDICAL CENTER'S DEMURRER TO PLAINTIFF'S
I'IRST AMENDED COMPLAINT
I 1. On March 27, 2024, Defendant DIGNITY HEALTH dba MARIAN REGIONAL
MEDICAI. CENTER ("MRMC" or "Hospital" ) demurred to Plaintif1" s Complaint for Damages on
3 numerous grounds.
4 2. On April 30, 2024, this Court sustained the demurrer but granted Plaintiff leave to amend
5 to remedy the complaint's deficiencies.
6 3. On May 6, 2024, Plaintiff filed her First Amended Complaint specifically addressing this
7 Court's concerns with respect to whether Plaintiff plead with sufficient factual specificity that "an
8 officer, director or managing agent acted with recklessness."
9 4. On May 14, 2024, counsel for MRMC, Ms. Lynn Stokes-Pena, sent Plaintiff s counsel a
10 meet and confer letter requesting the cause of action for L'lder Abuse and Neglect be withdrawm
Il 5. On May 16, 2024, tire parties conferred telephonically regarding this issue. The pariies
12 were unable to resolve these issues.
13 1 declare under penalty of penalty of perjury under the law ol the State of California that the
14 foregoing true and correct. Executed this day of June 21, 2024, at Woodland Hills California.
15
Dated: June 21, 2024 ADAM FELDMAIV LAW, APC
17
18
Adam Feldman
19 Attorney for Plaintiff
20
21
27
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74
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DECLARATION OF ADAM FELDMAN, ESQ., I ~ SLPPORT OF PLAINTIFF CABRIELA ANACONA'S OPPOSITION TO
DEI'ENDANT DIGNITY IIEALTH (Iba MARIAN RFCIONAL MEDICAL CENTER'S DEMDRRER TO PLAINTIFI'S
I'IRST AMENDI'.D COMPI.AINT
PROOF OF SERVICE
I am employed in the County of Los Angeles, State of California. I am over the age of 18 years
and not a party to the within action; my business address is 5850 Canoga Ave., Suite 400, Woodland
Hills, CA 91367.
On.lune 21, 2024, I served the foregoing document described as: PLAINTIFF GABRIFLA
ANACONA's OPPOSITION TO DEFENDANTS DEMURRUR AND DECLARATION OF ADAM
FELDMAN, ESQ., on the parties to this action by placing a true copy thereof in a transmission or sealed
envelope or package addressed to the person(s) at the address(es) as set forth below and caused said
envelope, package, or transmission, to be served in the following manner:
BY MAIL. I caused such cnvclope or package with postage thereon fully prepaid to be placed in
the United States mail at Woodland Hills, California.
BY FAX. I caused such documents to be faxed at Woodland l-lills, California from fax number
8187103802.
10
BY PERSONAL SERVICE. I caused such envelope or package to be dclivcrcd by hand to the
11
addressee(s).
12 BY OVERNIGHT MAIL. I caused such documents to be placed in a sealed envelope and
delivered to an overnight courier company for overnight service to the office(s) of the addressee(s).
13
X BY ELECTRONIC MAIL. By e-mailing the above referenced document(s) to thc person(s) at
14 the e-mail address(es) of the addressee(s).
15 ADDRESSEE(S):
J. Lynn Stokes-Pena Esne
16 CLINKENBEARD, RAMSEY, SPACKMAN
cq CLARK, LLP
17 PJL Box 21007
Santa Barbara, CA 93121
18 Pltone: (808) 968-0043
Fax: (805) 968-8894
19 lsiol,c in c) sILc linn corn
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I declare under the penalty of perjury under the laws of the State of California that the foregoing
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is true and correct. Executed on June 21, 2024 at Woodland Hills, California.
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74 I3y:
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75 Adam Feldman/Evan A. Barr
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ADAM FELDMAN (SBN: 333667) ELECTRONICALLY FILED adamQaadamfeldmanlaw.corn Superior Court of California 2 EVAN A. BARR (SBN: 333169) County of Santa Barbara Darrel E. Parker, Executive Officer evangaadamfeldmanlaw.corn 6/21/2024 4:51 PM ADAM FELDMAN LAW, APC By: Norma Willoughby , Deputy 5850 Canoga Avenue, Suite 400 Woodland Hills, CA 91367 5 T: 818-710-3833F: 818-710-3802 Attorney for Plaintiff 7 SUPERIOR COURT OF STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA, COOK DIVISION GABRIELA ANACONA through her guardian Case No.: 24CV00455 ad litem DENISSE ANACONA MARTINEZ, an Assigned to the Honorable .lames F. Rigali 11 individual, DECLARATION OF ADAM FFLDMAN IN 12 SUPPORT OF PLAINTIFF GABRIELA 13 Plaintiff, ANACONA'S OPPOSITION TO DEFENDANT DIGNITY HEALTH dha 14 MARIAN REGIONAL MEDICAL CENTER'S DFMURRER TO 15 PLAINTIFF'S FIRST AMENDED 16 COMPLAINT DIGNITY IIEALTH dba MARIAN RFGIONAL 17 MEDICAL CENTER, AND DOES 1-100, [Opposition and Proposed Order filed Inclusive, concurrently] 19 FAC Filed: May 6, 2024 Defendants. 20 Date: July 9, 2024 21 Time: 8:30 a.m. Dept: SM-2 27 I Adam Feldman declare as follows: 24 I am an attorney duly licensed to practice before all courts in the state of California and am the 25 attorney of record for Plaintiff GABRIFI A ANACONA who has brought this action by and through her 26 guardian ad litem DFNISSF. ANACONA MARTINEZ. I have personal knowledge of the facts set forth hcrcin and if called upon as a witness, I could and would testify as follows: 78 I DECLARATION OF ADAM FELDMAN, ESQ., IN SUPPORT OF PLAINTIFF GAIIRIELA ANACONA'S OPPOSITION TO DEFENDANT DIGNITY I IEALTI I aba MARIAN REGIONAL MFDICAL CENTER'S DEMURRER TO PLAINTIFF'S I'IRST AMENDED COMPLAINT I 1. On March 27, 2024, Defendant DIGNITY HEALTH dba MARIAN REGIONAL MEDICAI. CENTER ("MRMC" or "Hospital" ) demurred to Plaintif1" s Complaint for Damages on 3 numerous grounds. 4 2. On April 30, 2024, this Court sustained the demurrer but granted Plaintiff leave to amend 5 to remedy the complaint's deficiencies. 6 3. On May 6, 2024, Plaintiff filed her First Amended Complaint specifically addressing this 7 Court's concerns with respect to whether Plaintiff plead with sufficient factual specificity that "an 8 officer, director or managing agent acted with recklessness." 9 4. On May 14, 2024, counsel for MRMC, Ms. Lynn Stokes-Pena, sent Plaintiff s counsel a 10 meet and confer letter requesting the cause of action for L'lder Abuse and Neglect be withdrawm Il 5. On May 16, 2024, tire parties conferred telephonically regarding this issue. The pariies 12 were unable to resolve these issues. 13 1 declare under penalty of penalty of perjury under the law ol the State of California that the 14 foregoing true and correct. Executed this day of June 21, 2024, at Woodland Hills California. 15 Dated: June 21, 2024 ADAM FELDMAIV LAW, APC 17 18 Adam Feldman 19 Attorney for Plaintiff 20 21 27 23 74 25 76 27 28 2 DECLARATION OF ADAM FELDMAN, ESQ., I ~ SLPPORT OF PLAINTIFF CABRIELA ANACONA'S OPPOSITION TO DEI'ENDANT DIGNITY IIEALTH (Iba MARIAN RFCIONAL MEDICAL CENTER'S DEMDRRER TO PLAINTIFI'S I'IRST AMENDI'.D COMPI.AINT PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and not a party to the within action; my business address is 5850 Canoga Ave., Suite 400, Woodland Hills, CA 91367. On.lune 21, 2024, I served the foregoing document described as: PLAINTIFF GABRIFLA ANACONA's OPPOSITION TO DEFENDANTS DEMURRUR AND DECLARATION OF ADAM FELDMAN, ESQ., on the parties to this action by placing a true copy thereof in a transmission or sealed envelope or package addressed to the person(s) at the address(es) as set forth below and caused said envelope, package, or transmission, to be served in the following manner: BY MAIL. I caused such cnvclope or package with postage thereon fully prepaid to be placed in the United States mail at Woodland Hills, California. BY FAX. I caused such documents to be faxed at Woodland l-lills, California from fax number 8187103802. 10 BY PERSONAL SERVICE. I caused such envelope or package to be dclivcrcd by hand to the 11 addressee(s). 12 BY OVERNIGHT MAIL. I caused such documents to be placed in a sealed envelope and delivered to an overnight courier company for overnight service to the office(s) of the addressee(s). 13 X BY ELECTRONIC MAIL. By e-mailing the above referenced document(s) to thc person(s) at 14 the e-mail address(es) of the addressee(s). 15 ADDRESSEE(S): J. Lynn Stokes-Pena Esne 16 CLINKENBEARD, RAMSEY, SPACKMAN cq CLARK, LLP 17 PJL Box 21007 Santa Barbara, CA 93121 18 Pltone: (808) 968-0043 Fax: (805) 968-8894 19 lsiol,c in c) sILc linn corn 20 I declare under the penalty of perjury under the laws of the State of California that the foregoing 21 is true and correct. Executed on June 21, 2024 at Woodland Hills, California. 72 3 74 I3y: lr o 75 Adam Feldman/Evan A. Barr 26 77