On September 24, 2014 a
Motion,Ex Parte
was filed
involving a dispute between
Brooks, Ernest J.,
and
Dignity Health,
Dr. M. Ahmed,
Dr. R. Young,
for 25-CV Professional Negligence - Civil Unlimited
in the District Court of Kern County.
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Superior Court of California
County of Kern
Bakersfield Department 4
Date: 10/27/2016
S1500CV283100
BROOKS VS MERCY HOSPITAL
Courtroom Staff
Honorable: Sidney P. Chapin Clerk: Julie Whitworth / BC
Court reporter: Kathleen Smith Bailiff: Deputy Sheriff
Interpreter: Language of:
PARTIES:
DIGNITY HEALTH, Defendant, not present CRAIG DONAHUE, Attorney, present
DR. M. AHMED, Defendant, not present
DR. R. YOUNG, Defendant, not present
ERNEST BROOKS, Plaintiff, not present Pro Se
Counsel appears telephonically via CourtCall.
NATURE OF PROCEEDINGS: MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT; FILED BY DEFENDANT,
DIGNITY HEALTH DBA MERCY HOSPITAL OF BAKERSFIELD
Hearing Start Time: 8:30 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
No appearance by Plaintiff. The Court is in receipt Plaintiff's written opposition to Defendant's Motion to Strike.
Cause heard and submitted.
The Court finds as follows:
Defendant's Motion to Strike is granted. There has been no compliance by Plaintiff with the requirements of Code
of Civil Procedure §425.13.
The Court denies Plaintiff's request in opposition for leave to amend Complaint; will require a properly noticed
motion.
Counsel for Plaintiff to prepare order for signature and give notice.
Copy of minute order mailed to all parties as stated in the attached Certificate of Mailing.
BETSY CARDONA
MINUTE ORDER FINALIZED BY: ON: OCTOBER 27, 2016
MINUTE ORDER
Page 1 of 2
BROOKS VS MERCY HOSPITAL S1500CV283100
BROOKS VS MERCY HOSPITAL
S1500CV283100
CERTIFICATE OF MAILING
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minute Order dated October 27, 2016 attached
hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at BAKERSFIELD California addressed as indicated on the attached
mailing list.
Date of Mailing: October 27, 2016
Place of Mailing: BAKERSFIELD, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Terry McNally
CLERK OF THE SUPERIOR COURT
Date: October 27, 2016
By:
Betsy Cardona, Deputy Clerk
MAILING LIST
CRAIG R DONAHUE ERNEST J BROOKS
FRASER WATSON & CROUTCH LLP CDC #T-61049
100 W BROADWAY #650 CSATF/SP G2-12-2L
GLENDALE CA 91210 PO BOX 5244
CORCORAN CA 93212-7100
Certificate of Mailing
Page 2 of 2
Document Filed Date
October 27, 2016
Case Filing Date
September 24, 2014
Category
25-CV Professional Negligence - Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 4 Date: 10/27/2016 S1500CV283100 BROOKS VS MERCY HOSPITAL Courtroom Staff Honorable: Sidney P. Chapin Clerk: Julie Whitworth / BC Court reporter: Kathleen Smith Bailiff: Deputy Sheriff Interpreter: Language of: PARTIES: DIGNITY HEALTH, Defendant, not present CRAIG DONAHUE, Attorney, present DR. M. AHMED, Defendant, not present DR. R. YOUNG, Defendant, not present ERNEST BROOKS, Plaintiff, not present Pro Se Counsel appears telephonically via CourtCall. NATURE OF PROCEEDINGS: MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT; FILED BY DEFENDANT, DIGNITY HEALTH DBA MERCY HOSPITAL OF BAKERSFIELD Hearing Start Time: 8:30 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. No appearance by Plaintiff. The Court is in receipt Plaintiff's written opposition to Defendant's Motion to Strike. Cause heard and submitted. The Court finds as follows: Defendant's Motion to Strike is granted. There has been no compliance by Plaintiff with the requirements of Code of Civil Procedure §425.13. The Court denies Plaintiff's request in opposition for leave to amend Complaint; will require a properly noticed motion. Counsel for Plaintiff to prepare order for signature and give notice. Copy of minute order mailed to all parties as stated in the attached Certificate of Mailing. BETSY CARDONA MINUTE ORDER FINALIZED BY: ON: OCTOBER 27, 2016 MINUTE ORDER Page 1 of 2 BROOKS VS MERCY HOSPITAL S1500CV283100 BROOKS VS MERCY HOSPITAL S1500CV283100 CERTIFICATE OF MAILING The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minute Order dated October 27, 2016 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at BAKERSFIELD California addressed as indicated on the attached mailing list. Date of Mailing: October 27, 2016 Place of Mailing: BAKERSFIELD, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Terry McNally CLERK OF THE SUPERIOR COURT Date: October 27, 2016 By: Betsy Cardona, Deputy Clerk MAILING LIST CRAIG R DONAHUE ERNEST J BROOKS FRASER WATSON & CROUTCH LLP CDC #T-61049 100 W BROADWAY #650 CSATF/SP G2-12-2L GLENDALE CA 91210 PO BOX 5244 CORCORAN CA 93212-7100 Certificate of Mailing Page 2 of 2