Preview
19CV349757
Santa Clara — Civil
Y. Cllavez
Electronically Filed
HELTON LAW GROUP
A PROFESSIONAL CORPORATION by Superior Court of CA,
EDWARD STUMPP (State Bar No. 157682) County of Santa Clara,
CASEY E. MITCHNICK (State Bar No. 298550) on 12/11/2019 5:28 PM
MIKAELA COX (State Bar No. 316886) Reviewed By: Y. Chavez
ATTORNEYS AT LAW Case #19CV349757
1590 Corporate Drive
Envelope: 3759636
Costa Mesa, CA 92626
TELEPHONE: (562) 901-4499
FACSIMILE: (562) 901-4488
ATTORNEYS FOR PLAINTIFFS DOCTORS MEDICAL CENTER OF MODESTO INC.,
AND DOCTORS HOSPITAL OF MANTECA, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SANTA CLARA
11
12 DOCTORS MEDICAL CENTER OF Case No: 19CV349757
MODESTO, INC.; and DOCTORS HOSPITAL ASSIGNED TO: HON. MARY E. ARAND
13 OF MANTECA, INC., DEPT.: 9
14 Plaintiffs, UNLIMITED — DAMAGES EXCEED $25,000
15
vs. PLAINTIFFS’ REQUEST FOR JUDICIAL
16 NOTICE OF THE COUNTY OF SANTA
COUNTY OF SANTA CLARA; and DOES 1 CLARA’S CODE OF ORDINANCE
17 through 25, inclusive.
Date: December 17, 2019
18 Defendants. Time: 9:00 a.m.
Dept.: 9
19
Complaint Filed: March 19, 2018
20 Trial Date: None
21 Plaintiffs DOCTORS MEDICAL CENTER OF MODESTO, INC. and DOCTORS
22 HOSPITAL OF MANTECA, INC. respectfully request this Court to take judicial notice of the
23 following document and facts pursuant to California Evidence Code § 451, 452 and 453, in support of
24 the Plaintiffs’ Opposition to Defendant’s Demurrer to Plaintiffs’ Second Amended Complaint.
25 The County of Santa Clara’s Board of Supervisors has an approved list of goods and services
26 which may be directly acquired by County agencies and departments. Pursuant to the County’s Code
27 of Ordinances, services and disbursements shall be paid for directly by County departments and
28 agencies only if there is no existing County contract for the goods, services, or disbursement. The
1
PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF
ORDINANCE
goods, services, and disbursements included in the direct payment list are those for which a formal
procurement process is either impactable or would not offer a benefit to the County commensurate
with the cost of such process. Included_on the direct payment list_are Valley Health Plan
payments to providers for medical services. (Division A15, Chapter 1, Article 3, Section A15-
17@)(H)E29).
The Santa Clara County Code of Ordinances includes a direct payment list approved by the
Board of Supervisors that requires mandatory payment for particular goods and services. On that list
are Valley Health Plan payments to medical providers, like Plaintiffs, for medical services. Defendant
does business as Valley Health Plan, is licensed by the Department of Managed Health Care, and
10 required by the Knox-Keene Act to pay reasonable and customary rates for noncontracted emergency
il medical services provided to its enrollees. As such, the Santa Clara County Board of Supervisors has
12 approved reasonable and customary rates of reimbursement for the medical services Plaintiffs
13 provided to Defendant’s enrollees under the Valley Health Plan. Defendant thus must pay reasonable
14 and customary rates for the medical services provided by Plaintiffs, not a rate it chooses.
15 Based on the foregoing, the Santa Clara County Code of Ordinances expressly authorized
16 Defendant to make direct payments to Plaintiffs for noncontracted emergency medical services
Wie provided to Valley Health Plan enrollees. Plaintiffs therefore request that the Court take Judicial
18 Notice of following portion of Defendant’s Code of Ordinances demonstrating an authorized implied
19 contract between the parties.
20 1 The Santa Clara County Code of Ordinances, Division A15, Chapter 1, Article 3,
21 Section A15-17, attached hereto as Exhibit “1.” This County code section is publicly available at:
22 https://library.municode.com/ca/santa_clara_county/codes/code_of_ordinances?nodeld=TITAGEA
23 D_DIVAISDEFI_CHIOR_ART3FICUSU_SA15-17DIPALI
24 DATED: December 11, 2019 HELTON LA ROUP,
25
26 By:
EDW. y STUMPP
27 CASEYE. MITCHNICK
MIKAELA COX
28 Attorneys for Plaintiffs
2
PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF
ORDINANCE
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE
Iam employed in the County of Orange, State of California. I am over the age of 18 and not a
party to the within action. My business address is 1590 Corporate Dr., Costa Mesa, CA 92626.
On December 11, 2019, I served the foregoing document(s) described as PLAINTIFFS’
REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF
ORDINANCE as follows:
Susan P. Greenberg Attorney for Defendant COUNTY OF
OFFICE OF THE COUNTY COUNSEL SANTA CLARA erroneously sued as
70 W. Hedding St., East Wing, 9th Floor VALLEY HEALTH PLAN
San Jose, CA 95110-1770
Susan.greenberg@cco.sccgov.org
10 AxX BY E-MAIL SERVICE
Based on a court order or by consent of the parties to accept electronic service, I caused the
il document(s) to be sent to the interested parties herein described at the electronic service
addresses listed.
12
I declare under penalty of perjury under the laws of the State of California that the foregoing
13 is true and correct.
14 Executed on December 11, 2019, at Costa Mesa, California.
15
-
16
17 Corine Koop
18
19
20
21
22
23
24
25
26
27
28
3
PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF
ORDINANCE
EXHIBIT “1”
12/11/2019 Santa Clara County, CA Code of Ordinances.
Sec. A15-17. - Direct payment list.
(a) Purpose.
(1) The Board adopts this section to approve a list of goods and services which may be
directly acquired by County agencies and departments (the "Direct Payment List").
(2) The Board has the authority to purchase goods and services on behalf of the County
and has authorized the County's Director of Procurement (the County's purchasing
agent) to acquire goods and certain services for the County in accordance with Chapter
‘IV of Division A34, The Direct Payment List constitutes a delegation of the Board's and
‘the
Procurement's
Director of authority.
(3) This section replaces repealed Ordinance No. NS-3.44, an uncodified ordinance adopted
by the County on September 13, 2005.
(4) Some codes on the Direct Payment List have been eliminated. As a result, the numbers
are not consecutive. To allow for historical tracking, the codes have not been
renumbered.
(5) The goods and services described on the Direct Payment List are those for which a
formal procurement process is either impracticable or would not offer a benefit to the
‘County
commensurate with the cost of such process.
(b) Direct payment list. Direct payment shall not be used by County departments and agencies to
pay for any goods or services or to make any disbursements that are not identified below.
The following goods, services, and disbursements shall be paid for directly by County
departments and agencies only if there is no existing County contract for the goods, services,
or
disbursements:
A. BOARD APPROVED PAYMENTS:
1
Payments approved by the Board as evidenced in an approved Board agenda.
B. PAYMENTS AUTHORIZED PURSUANT TO STATUTE:
2. Election expenses (Elections Code Sections 13001 and 14100). Restricted for use by
the Registrar of Voters.
3. Expenses of the Sheriff, Corrections, District Attorney, County Counsel, and Public
Defender departments (not including general office supplies, books, educational
expenses) under Gov. Code Sections 27642, 29601, and 29602 including, but not
limited to, the following:
a Expenses of Laboratory Criminalistics for outside lab work.
b. Investigative expenses.
C. Pre-booking medical care expenses.
Publication of legal notices (Gov. Code Sections 6060, 25124). Legal notice includes
official advertising, resolutions, orders, ordinances, and other matters that are
15
12/11/2019 Santa Clara County, CA Code of Ordinances
required by law or regulation to be published in a newspaper of general circulation
under these statutes or any others.
Public Guardian/Administrator expenses for support and care of conservatees
(Gov. Code Section 27435).
12. Non-recurring expenses incurred to adopt children eligible for Adoption Assistance
Program (W &| Code Section 16120.1).
16 Rewards authorized by law to be given to persons for providing vital information
(Gov. Code Section 26207 and any other applicable statute or ordinance).
18 Towing, storage and other costs related to: 1) impoundment and forfeiture of
towed vehicles; 2) vehicles confiscated for evidence purposes or as necessary to
motor vehicles in accordance with Vehicle Code Section 14607.6; 3) improperly
comply with law.
19. Payment by SSA Adult Protective Services Division on behalf of elder and
dependent adults as required by Welfare and Institutions Code Section 15763.
PAYMENTS REQUIRED BY COURT ORDER:
2. Reporter and transcript fees (Gov. Code Section 69952).
3. All other payments ordered by court.
PAYMENTS AUTHORIZED BY THE BOARD OF SUPERVISORS THROUGH OTHER ACTIONS:
1 ESA Insurance Payments - Board granted approval authority up to $7,500 by
individual adjuster, up to $20,000 by Insurance Claims Supervisor and up to
$50,000 by Director of Employee Services Agency.
California Children Services.
Housing and Community Development loans and grants approved by the Housing
Loan Committee as designated by the County Executive.
—. UTILITY PAYMENTS FOR COUNTY FACILITIES OR COUNTY BUSINESS:
1
County bills for electricity, natural gas, water, telephone usage, internet
connection, garbage (wet) and rubbish (dry). Special hauling jobs are excluded
from this category.
F PAYMENTS AUTHORIZED BY ORDINANCE:
1 Travel, lodging, or meal expenses incurred by any person, group, appointive board
or commission providing services to the County without compensation or by any
representative designated by the Board to maintain Sacramento or Washington
offices in accordance with Ordinance Code Section A31, the Travel Policy Desk
Reference Manual, and other applicable Board policies. Restricted for use by the
Controller-Treasurer and SSA.
G PAYMENTS PURSUANT TO LABOR AGREEMENTS:
215
12/11/2019 Santa Clara County, CA Code of Ordinances
Arbitration expenses, hearing officer expenses.
Tuition reimbursement.
State Bar Association dues. Restricted for use by the County Counsel, Public
Defender, District Attorney, and Department of Child Support Services.
H. APPROVED BY BOARD OF SUPERVISORS BY DIRECT PAYMENT LIST:
1 Advertising, in any media, for the recruitment of personnel, volunteers, and foster
parents not to exceed $5,000 per occurrence.
Fees for participation in fairs and exhibitions if (1) the participation relates directly
to the duties or functions of the County department or agency and (2) the fee has
been approved by the Department Head or his or her designee and the Chief
Operating Officer.
ESA payment of insurance premium up to $200,000 and insurance legal and
adjusting payments up to $25,000 per fiscal year per vendor.
Individual, department, or agency membership in any professional organization if
(1) the membership assists the individual, department, or agency in performing
their County duties or functions; (2) the membership is approved by the
Department Head or his or her designee; and (3) the County Procurement Card
cannot be used.
10. Labor contract negotiation expenses not to exceed $1,000 per occurrence.
Expenses over $1,000 per occurrence must be approved by the Department Head
or his or her designee. Restricted for use by ESA,
12. Reissue stale dated or missing warrant/check.
13. Mandatory payments to other government agencies.
15 Non-mandatory payments to other governmental agencies for goods or services
provided directly to the County that do not exceed $2,500 per occurrence.
16. Recruitment Oral Board expenses, including facility related charges, such as room
rental charges and refreshments; and travel expenses of oral board members who
are not county employees.
18 Payroll related payments - PERS (Public Employees Retirement System), Credit
Union, Insurance, etc. Restricted for use by the Controller-Treasurer and ESA.
19 Property tax and assessments apportionments - mandatory payments per laws
and regulations. Restricted for use by the Controller-Treasurer.
20 Postage when the County Procurement Card cannot be utilized. For e.g., replenish
postage meters.
22. Revenue refunds, reimbursements of deposits from third parties that do not
require appropriations, and disbursements of funds ofa County commission
3/5
12/11/2019 Santa Clara County, CA Code of Ordinances
managed by a County department.
26. Transportation (non-travel) for use by employees, clients or volunteers as required
by law or labor agreement. Restricted for use by HHS, SSA, Department of
Correction and Probation only.
27 Worker's Compensation Medical Expenses, including mileage reimbursements,
medical supplies, pharmacy bills, durable medical equipment, etc., as required by
Labor Code section 4600.
28. Worker's Compensation Disability Payments - Disability payments to claimants and
settlements to claimant attorney.
29. Valley Health Plan payment to providers for medical services.
32. VMC - Hospital Council of Northern California - goods and services other than
membership fees.
33. Procurement of mother's milk and body tissues from the Institute for Medical
Research (SCVHHS only).
34. VMC - Joint Commission on Accreditation of Hospitals expense.
38. Worker's Compensation legal fees less than $25,000 per vendor per fiscal year.
39. Payment of incentive by SSA to clients (seniors, Foster Care youths, etc.) for
program accomplishments not to exceed $1,000 per occurrence. Payments over
$1,000 per occurrence must be approved by the Department Head or his or her
designee.
42. Payments to child care providers covered by the Child Development Program (a
public assistance program).
43. Payments to legal counsel pursuant to Ordinance Code sections A18-70 - A18-72.
Restricted for use by SSA only.
46 Payment of bank charges or fees incurred by the County for banking or financial
services (i.e. bank service charges, merchant's credit card fees, etc.).
47. Per diem for attendance of board, commission, grand jury and similar meetings
pursuant to Board policy.
48 Payments for services provided through the California State Association of
Counties (CSAC).
49 Payment to outside providers for non-recurring medically necessary services
provided to VMC patients of up to $50,000.
50. Payments to interpreters/translators for Social Services Agency where services
required by federal law or court.
51 Rent and respite payments incurred for the Family Preservation Program.
52, Debt service payments, issuance and administrative costs, and incidental fees
AIS,
12/11/2019 Santa Clara County, CA Code of Ordinances
associated with Board approved indebtedness. Restricted for use by the County
Executive and the Controller-Treasurer.
54 Settlement of disputed employee disciplinary action when authorized by Labor
Relations if the settlement does not exceed $50,000.
55. Payments covered under the "AFDC-FC 5% Augmentation Program."
57. Medical examination expenses related to assessment of employee's fitness to
return to duty (ESA only).
59. Temporary housing of tuberculosis clients in residential care facilities.
61 Purchase of books, magazines, periodicals, and subscriptions in paper, online or
electronic format with suppliers and publishers who do not accept the County
Procurement Card. (Not to be used for Software license subscription purchase).
Purchases exceeding $5,000 per occurrence must be approved by the Department
Head or his or her designee.
62. Registration fees and seminar (e.g., webinars) when travel is not involved, if (1) the
County Procurement Card cannot be used, and (2) the fee is approved by the
Department Head or his or her designee.
63. Employee reimbursement related to County operations not exceeding $300 per
transaction, excluding travel, mileage, services, and petty cash replenishment. If
the employee reimbursement exceeds $300 per transaction, then the
reimbursement must be approved by the Department Head or his. or her designee
and the Chief Operating Officer.
64. Reimburse employees for payments authorized by MOUs and agreements with
labor organizations and individual employee contracts.
I NON-COUNTY DISBURSEMENT
1 All non-county government payments from or on behalf of the Santa Clara County
Library District, the Santa Clara County Office of Education, fire districts, special
districts, joint powers authorities or other California government agencies.
(Ord. No. NS-300.859, § 1, 5-21-13 ; Ord, No. NS-300.896, § 9, 6-7-16)
55
goods, services, and disbursements included in the direct payment list are those for which a formal
procurement process is either impactable or would not offer a benefit to the County commensurate
with the cost of such process. Included_on the direct_payment _list_are Valley Health Plan
payments to providers for medical services. (Division A15, Chapter 1, Article 3, Section A15-
17(b)(H)(29)).
The Santa Clara County Code of Ordinances includes a direct payment list approved by the
Board of Supervisors that requires mandatory payment for particular goods and services. On that list
are Valley Health Plan payments to medical providers, like Plaintiffs, for medical services. Defendant
does business as Valley Health Plan, is licensed by the Department of Managed Health Care, and
10 required by the Knox-Keene Act to pay reasonable and customary rates for noncontracted emergency
11 medical services provided to its enrollees. As such, the Santa Clara County Board of Supervisors has
12 approved reasonable and customary rates of reimbursement for the medical services Plaintiffs
13 provided to Defendant’s enrollees under the Valley Health Plan. Defendant thus must pay reasonable
14 and customary rates for the medical services provided by Plaintiffs, not a rate it chooses.
15 Based on the foregoing, the Santa Clara County Code of Ordinances expressly authorized
16 Defendant to make direct payments to Plaintiffs for noncontracted emergency medical services
17 provided to Valley Health Plan enrollees. Plaintiffs therefore request that the Court take Judicial
18 Notice of following portion of Defendant’s Code of Ordinances demonstrating an authorized implied
19 contract between the parties.
20 1 The Santa Clara County Code of Ordinances, Division A15, Chapter 1, Article 3,
21 Section A15-17, attached hereto as Exhibit “1.” This County code section is publicly available at:
22 https://library.municode.com/ca/santa_clara_county/codes/code_of_ordinances?nodeld=TITAGEA
23 D_DIVAISDEFI_CHIOR_ART3FICUSU_SA15-17DIPALI
24 DATED: December 11, 2019 HELTON LAW Group, APC
25
26 By:
EDWARD STUMPP
27 CASEY E. MITCHNICK
MIKAELA COX
28 Attorneys for Plaintiffs
2
PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF
ORDINANCE
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE
Iam employed in the County of Orange, State of California. I am over the age of 18 and not a
party to the within action. My business address is 1590 Corporate Dr., Costa Mesa, CA 92626.
On December 11, 2019, I served the foregoing document(s) described as PLAINTIFFS’
REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF
ORDINANCE as follows:
Susan P. Greenberg Attorney for Defendant COUNTY OF
OFFICE OF THE COUNTY COUNSEL SANTA CLARA erroneously sued as
70 W. Hedding St., East Wing, 9th Floor VALLEY HEALTH PLAN
San Jose, CA 95110-1770
Susan.greenberg@cco.sccgov.org
10 X BY E-MAIL SERVICE
Based on a court order or by consent of the parties to accept electronic service, I caused the
11 document(s) to be sent to the interested parties herein described at the electronic service
addresses listed.
12
I declare under penalty of perjury under the laws of the State of California that the foregoing
13 is true and correct.
14 Executed on December 11, 2019, at Costa Mesa, California.
15
16
17 Corine Koop
18
19
20
21
22
23
24
25
26
27
28
3
PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF
ORDINANCE
Preview
19CV349757 Santa Clara — Civil Y. Cllavez Electronically Filed HELTON LAW GROUP A PROFESSIONAL CORPORATION by Superior Court of CA, EDWARD STUMPP (State Bar No. 157682) County of Santa Clara, CASEY E. MITCHNICK (State Bar No. 298550) on 12/11/2019 5:28 PM MIKAELA COX (State Bar No. 316886) Reviewed By: Y. Chavez ATTORNEYS AT LAW Case #19CV349757 1590 Corporate Drive Envelope: 3759636 Costa Mesa, CA 92626 TELEPHONE: (562) 901-4499 FACSIMILE: (562) 901-4488 ATTORNEYS FOR PLAINTIFFS DOCTORS MEDICAL CENTER OF MODESTO INC., AND DOCTORS HOSPITAL OF MANTECA, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SANTA CLARA 11 12 DOCTORS MEDICAL CENTER OF Case No: 19CV349757 MODESTO, INC.; and DOCTORS HOSPITAL ASSIGNED TO: HON. MARY E. ARAND 13 OF MANTECA, INC., DEPT.: 9 14 Plaintiffs, UNLIMITED — DAMAGES EXCEED $25,000 15 vs. PLAINTIFFS’ REQUEST FOR JUDICIAL 16 NOTICE OF THE COUNTY OF SANTA COUNTY OF SANTA CLARA; and DOES 1 CLARA’S CODE OF ORDINANCE 17 through 25, inclusive. Date: December 17, 2019 18 Defendants. Time: 9:00 a.m. Dept.: 9 19 Complaint Filed: March 19, 2018 20 Trial Date: None 21 Plaintiffs DOCTORS MEDICAL CENTER OF MODESTO, INC. and DOCTORS 22 HOSPITAL OF MANTECA, INC. respectfully request this Court to take judicial notice of the 23 following document and facts pursuant to California Evidence Code § 451, 452 and 453, in support of 24 the Plaintiffs’ Opposition to Defendant’s Demurrer to Plaintiffs’ Second Amended Complaint. 25 The County of Santa Clara’s Board of Supervisors has an approved list of goods and services 26 which may be directly acquired by County agencies and departments. Pursuant to the County’s Code 27 of Ordinances, services and disbursements shall be paid for directly by County departments and 28 agencies only if there is no existing County contract for the goods, services, or disbursement. The 1 PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF ORDINANCE goods, services, and disbursements included in the direct payment list are those for which a formal procurement process is either impactable or would not offer a benefit to the County commensurate with the cost of such process. Included_on the direct payment list_are Valley Health Plan payments to providers for medical services. (Division A15, Chapter 1, Article 3, Section A15- 17@)(H)E29). The Santa Clara County Code of Ordinances includes a direct payment list approved by the Board of Supervisors that requires mandatory payment for particular goods and services. On that list are Valley Health Plan payments to medical providers, like Plaintiffs, for medical services. Defendant does business as Valley Health Plan, is licensed by the Department of Managed Health Care, and 10 required by the Knox-Keene Act to pay reasonable and customary rates for noncontracted emergency il medical services provided to its enrollees. As such, the Santa Clara County Board of Supervisors has 12 approved reasonable and customary rates of reimbursement for the medical services Plaintiffs 13 provided to Defendant’s enrollees under the Valley Health Plan. Defendant thus must pay reasonable 14 and customary rates for the medical services provided by Plaintiffs, not a rate it chooses. 15 Based on the foregoing, the Santa Clara County Code of Ordinances expressly authorized 16 Defendant to make direct payments to Plaintiffs for noncontracted emergency medical services Wie provided to Valley Health Plan enrollees. Plaintiffs therefore request that the Court take Judicial 18 Notice of following portion of Defendant’s Code of Ordinances demonstrating an authorized implied 19 contract between the parties. 20 1 The Santa Clara County Code of Ordinances, Division A15, Chapter 1, Article 3, 21 Section A15-17, attached hereto as Exhibit “1.” This County code section is publicly available at: 22 https://library.municode.com/ca/santa_clara_county/codes/code_of_ordinances?nodeld=TITAGEA 23 D_DIVAISDEFI_CHIOR_ART3FICUSU_SA15-17DIPALI 24 DATED: December 11, 2019 HELTON LA ROUP, 25 26 By: EDW. y STUMPP 27 CASEYE. MITCHNICK MIKAELA COX 28 Attorneys for Plaintiffs 2 PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF ORDINANCE PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE Iam employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 1590 Corporate Dr., Costa Mesa, CA 92626. On December 11, 2019, I served the foregoing document(s) described as PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF ORDINANCE as follows: Susan P. Greenberg Attorney for Defendant COUNTY OF OFFICE OF THE COUNTY COUNSEL SANTA CLARA erroneously sued as 70 W. Hedding St., East Wing, 9th Floor VALLEY HEALTH PLAN San Jose, CA 95110-1770 Susan.greenberg@cco.sccgov.org 10 AxX BY E-MAIL SERVICE Based on a court order or by consent of the parties to accept electronic service, I caused the il document(s) to be sent to the interested parties herein described at the electronic service addresses listed. 12 I declare under penalty of perjury under the laws of the State of California that the foregoing 13 is true and correct. 14 Executed on December 11, 2019, at Costa Mesa, California. 15 - 16 17 Corine Koop 18 19 20 21 22 23 24 25 26 27 28 3 PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF ORDINANCE EXHIBIT “1” 12/11/2019 Santa Clara County, CA Code of Ordinances. Sec. A15-17. - Direct payment list. (a) Purpose. (1) The Board adopts this section to approve a list of goods and services which may be directly acquired by County agencies and departments (the "Direct Payment List"). (2) The Board has the authority to purchase goods and services on behalf of the County and has authorized the County's Director of Procurement (the County's purchasing agent) to acquire goods and certain services for the County in accordance with Chapter ‘IV of Division A34, The Direct Payment List constitutes a delegation of the Board's and ‘the Procurement's Director of authority. (3) This section replaces repealed Ordinance No. NS-3.44, an uncodified ordinance adopted by the County on September 13, 2005. (4) Some codes on the Direct Payment List have been eliminated. As a result, the numbers are not consecutive. To allow for historical tracking, the codes have not been renumbered. (5) The goods and services described on the Direct Payment List are those for which a formal procurement process is either impracticable or would not offer a benefit to the ‘County commensurate with the cost of such process. (b) Direct payment list. Direct payment shall not be used by County departments and agencies to pay for any goods or services or to make any disbursements that are not identified below. The following goods, services, and disbursements shall be paid for directly by County departments and agencies only if there is no existing County contract for the goods, services, or disbursements: A. BOARD APPROVED PAYMENTS: 1 Payments approved by the Board as evidenced in an approved Board agenda. B. PAYMENTS AUTHORIZED PURSUANT TO STATUTE: 2. Election expenses (Elections Code Sections 13001 and 14100). Restricted for use by the Registrar of Voters. 3. Expenses of the Sheriff, Corrections, District Attorney, County Counsel, and Public Defender departments (not including general office supplies, books, educational expenses) under Gov. Code Sections 27642, 29601, and 29602 including, but not limited to, the following: a Expenses of Laboratory Criminalistics for outside lab work. b. Investigative expenses. C. Pre-booking medical care expenses. Publication of legal notices (Gov. Code Sections 6060, 25124). Legal notice includes official advertising, resolutions, orders, ordinances, and other matters that are 15 12/11/2019 Santa Clara County, CA Code of Ordinances required by law or regulation to be published in a newspaper of general circulation under these statutes or any others. Public Guardian/Administrator expenses for support and care of conservatees (Gov. Code Section 27435). 12. Non-recurring expenses incurred to adopt children eligible for Adoption Assistance Program (W &| Code Section 16120.1). 16 Rewards authorized by law to be given to persons for providing vital information (Gov. Code Section 26207 and any other applicable statute or ordinance). 18 Towing, storage and other costs related to: 1) impoundment and forfeiture of towed vehicles; 2) vehicles confiscated for evidence purposes or as necessary to motor vehicles in accordance with Vehicle Code Section 14607.6; 3) improperly comply with law. 19. Payment by SSA Adult Protective Services Division on behalf of elder and dependent adults as required by Welfare and Institutions Code Section 15763. PAYMENTS REQUIRED BY COURT ORDER: 2. Reporter and transcript fees (Gov. Code Section 69952). 3. All other payments ordered by court. PAYMENTS AUTHORIZED BY THE BOARD OF SUPERVISORS THROUGH OTHER ACTIONS: 1 ESA Insurance Payments - Board granted approval authority up to $7,500 by individual adjuster, up to $20,000 by Insurance Claims Supervisor and up to $50,000 by Director of Employee Services Agency. California Children Services. Housing and Community Development loans and grants approved by the Housing Loan Committee as designated by the County Executive. —. UTILITY PAYMENTS FOR COUNTY FACILITIES OR COUNTY BUSINESS: 1 County bills for electricity, natural gas, water, telephone usage, internet connection, garbage (wet) and rubbish (dry). Special hauling jobs are excluded from this category. F PAYMENTS AUTHORIZED BY ORDINANCE: 1 Travel, lodging, or meal expenses incurred by any person, group, appointive board or commission providing services to the County without compensation or by any representative designated by the Board to maintain Sacramento or Washington offices in accordance with Ordinance Code Section A31, the Travel Policy Desk Reference Manual, and other applicable Board policies. Restricted for use by the Controller-Treasurer and SSA. G PAYMENTS PURSUANT TO LABOR AGREEMENTS: 215 12/11/2019 Santa Clara County, CA Code of Ordinances Arbitration expenses, hearing officer expenses. Tuition reimbursement. State Bar Association dues. Restricted for use by the County Counsel, Public Defender, District Attorney, and Department of Child Support Services. H. APPROVED BY BOARD OF SUPERVISORS BY DIRECT PAYMENT LIST: 1 Advertising, in any media, for the recruitment of personnel, volunteers, and foster parents not to exceed $5,000 per occurrence. Fees for participation in fairs and exhibitions if (1) the participation relates directly to the duties or functions of the County department or agency and (2) the fee has been approved by the Department Head or his or her designee and the Chief Operating Officer. ESA payment of insurance premium up to $200,000 and insurance legal and adjusting payments up to $25,000 per fiscal year per vendor. Individual, department, or agency membership in any professional organization if (1) the membership assists the individual, department, or agency in performing their County duties or functions; (2) the membership is approved by the Department Head or his or her designee; and (3) the County Procurement Card cannot be used. 10. Labor contract negotiation expenses not to exceed $1,000 per occurrence. Expenses over $1,000 per occurrence must be approved by the Department Head or his or her designee. Restricted for use by ESA, 12. Reissue stale dated or missing warrant/check. 13. Mandatory payments to other government agencies. 15 Non-mandatory payments to other governmental agencies for goods or services provided directly to the County that do not exceed $2,500 per occurrence. 16. Recruitment Oral Board expenses, including facility related charges, such as room rental charges and refreshments; and travel expenses of oral board members who are not county employees. 18 Payroll related payments - PERS (Public Employees Retirement System), Credit Union, Insurance, etc. Restricted for use by the Controller-Treasurer and ESA. 19 Property tax and assessments apportionments - mandatory payments per laws and regulations. Restricted for use by the Controller-Treasurer. 20 Postage when the County Procurement Card cannot be utilized. For e.g., replenish postage meters. 22. Revenue refunds, reimbursements of deposits from third parties that do not require appropriations, and disbursements of funds ofa County commission 3/5 12/11/2019 Santa Clara County, CA Code of Ordinances managed by a County department. 26. Transportation (non-travel) for use by employees, clients or volunteers as required by law or labor agreement. Restricted for use by HHS, SSA, Department of Correction and Probation only. 27 Worker's Compensation Medical Expenses, including mileage reimbursements, medical supplies, pharmacy bills, durable medical equipment, etc., as required by Labor Code section 4600. 28. Worker's Compensation Disability Payments - Disability payments to claimants and settlements to claimant attorney. 29. Valley Health Plan payment to providers for medical services. 32. VMC - Hospital Council of Northern California - goods and services other than membership fees. 33. Procurement of mother's milk and body tissues from the Institute for Medical Research (SCVHHS only). 34. VMC - Joint Commission on Accreditation of Hospitals expense. 38. Worker's Compensation legal fees less than $25,000 per vendor per fiscal year. 39. Payment of incentive by SSA to clients (seniors, Foster Care youths, etc.) for program accomplishments not to exceed $1,000 per occurrence. Payments over $1,000 per occurrence must be approved by the Department Head or his or her designee. 42. Payments to child care providers covered by the Child Development Program (a public assistance program). 43. Payments to legal counsel pursuant to Ordinance Code sections A18-70 - A18-72. Restricted for use by SSA only. 46 Payment of bank charges or fees incurred by the County for banking or financial services (i.e. bank service charges, merchant's credit card fees, etc.). 47. Per diem for attendance of board, commission, grand jury and similar meetings pursuant to Board policy. 48 Payments for services provided through the California State Association of Counties (CSAC). 49 Payment to outside providers for non-recurring medically necessary services provided to VMC patients of up to $50,000. 50. Payments to interpreters/translators for Social Services Agency where services required by federal law or court. 51 Rent and respite payments incurred for the Family Preservation Program. 52, Debt service payments, issuance and administrative costs, and incidental fees AIS, 12/11/2019 Santa Clara County, CA Code of Ordinances associated with Board approved indebtedness. Restricted for use by the County Executive and the Controller-Treasurer. 54 Settlement of disputed employee disciplinary action when authorized by Labor Relations if the settlement does not exceed $50,000. 55. Payments covered under the "AFDC-FC 5% Augmentation Program." 57. Medical examination expenses related to assessment of employee's fitness to return to duty (ESA only). 59. Temporary housing of tuberculosis clients in residential care facilities. 61 Purchase of books, magazines, periodicals, and subscriptions in paper, online or electronic format with suppliers and publishers who do not accept the County Procurement Card. (Not to be used for Software license subscription purchase). Purchases exceeding $5,000 per occurrence must be approved by the Department Head or his or her designee. 62. Registration fees and seminar (e.g., webinars) when travel is not involved, if (1) the County Procurement Card cannot be used, and (2) the fee is approved by the Department Head or his or her designee. 63. Employee reimbursement related to County operations not exceeding $300 per transaction, excluding travel, mileage, services, and petty cash replenishment. If the employee reimbursement exceeds $300 per transaction, then the reimbursement must be approved by the Department Head or his. or her designee and the Chief Operating Officer. 64. Reimburse employees for payments authorized by MOUs and agreements with labor organizations and individual employee contracts. I NON-COUNTY DISBURSEMENT 1 All non-county government payments from or on behalf of the Santa Clara County Library District, the Santa Clara County Office of Education, fire districts, special districts, joint powers authorities or other California government agencies. (Ord. No. NS-300.859, § 1, 5-21-13 ; Ord, No. NS-300.896, § 9, 6-7-16) 55 goods, services, and disbursements included in the direct payment list are those for which a formal procurement process is either impactable or would not offer a benefit to the County commensurate with the cost of such process. Included_on the direct_payment _list_are Valley Health Plan payments to providers for medical services. (Division A15, Chapter 1, Article 3, Section A15- 17(b)(H)(29)). The Santa Clara County Code of Ordinances includes a direct payment list approved by the Board of Supervisors that requires mandatory payment for particular goods and services. On that list are Valley Health Plan payments to medical providers, like Plaintiffs, for medical services. Defendant does business as Valley Health Plan, is licensed by the Department of Managed Health Care, and 10 required by the Knox-Keene Act to pay reasonable and customary rates for noncontracted emergency 11 medical services provided to its enrollees. As such, the Santa Clara County Board of Supervisors has 12 approved reasonable and customary rates of reimbursement for the medical services Plaintiffs 13 provided to Defendant’s enrollees under the Valley Health Plan. Defendant thus must pay reasonable 14 and customary rates for the medical services provided by Plaintiffs, not a rate it chooses. 15 Based on the foregoing, the Santa Clara County Code of Ordinances expressly authorized 16 Defendant to make direct payments to Plaintiffs for noncontracted emergency medical services 17 provided to Valley Health Plan enrollees. Plaintiffs therefore request that the Court take Judicial 18 Notice of following portion of Defendant’s Code of Ordinances demonstrating an authorized implied 19 contract between the parties. 20 1 The Santa Clara County Code of Ordinances, Division A15, Chapter 1, Article 3, 21 Section A15-17, attached hereto as Exhibit “1.” This County code section is publicly available at: 22 https://library.municode.com/ca/santa_clara_county/codes/code_of_ordinances?nodeld=TITAGEA 23 D_DIVAISDEFI_CHIOR_ART3FICUSU_SA15-17DIPALI 24 DATED: December 11, 2019 HELTON LAW Group, APC 25 26 By: EDWARD STUMPP 27 CASEY E. MITCHNICK MIKAELA COX 28 Attorneys for Plaintiffs 2 PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF ORDINANCE PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE Iam employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 1590 Corporate Dr., Costa Mesa, CA 92626. On December 11, 2019, I served the foregoing document(s) described as PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF ORDINANCE as follows: Susan P. Greenberg Attorney for Defendant COUNTY OF OFFICE OF THE COUNTY COUNSEL SANTA CLARA erroneously sued as 70 W. Hedding St., East Wing, 9th Floor VALLEY HEALTH PLAN San Jose, CA 95110-1770 Susan.greenberg@cco.sccgov.org 10 X BY E-MAIL SERVICE Based on a court order or by consent of the parties to accept electronic service, I caused the 11 document(s) to be sent to the interested parties herein described at the electronic service addresses listed. 12 I declare under penalty of perjury under the laws of the State of California that the foregoing 13 is true and correct. 14 Executed on December 11, 2019, at Costa Mesa, California. 15 16 17 Corine Koop 18 19 20 21 22 23 24 25 26 27 28 3 PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE OF THE COUNTY OF SANTA CLARA’S CODE OF ORDINANCE