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MARCIE ISOM FITZSIMMONS (SBN: 226906)
HIEU T. WILLIAMS (SBN: 280585)
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: (415) 986-5900
Facsimile: (415) 986-8054
Misom@gordonrees.com
Hwilliams@gordonrees.com
Attol for Defendant
PALO ALTO FOUNDATION MEDICAL GROUP, INC.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
DIANA P. BLUM, M.D., CASE NO. 115CV277582
gx Plaintiff, DEFENDANT PALO ALTO
FOUNDATION MEDICAL GROUP,
INC.’S NOTICE OF MOTION AND
MOTIONTO STRIKE / TAX
SUTTER HEALTH, a Califomia corporation; MEMORANDUM OF COSTS BASED
PALO ALTO FOUNDATION MEDICAL ON 998 OFFER
GROUP, INC., a Califomia corporation; .
PALO ALTO MEDICAL FOUNDATION, a A Documents:
Califomia corporation; and DOES 1 through Memorandum of Points and Authorities;
Declaration of Hieu T. Williams;
[Proposed] Order
Defendants.
Date: A 17, 2018
Time: 1:30pm.
Dept:
TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
PLEASE TAKE NOTICE that August 17, 2018 at 1:30 p.m. or as soon thereafter
as the
Court may hear this matter, in Department 16 of the above-entitled Court, Defendant PALO
ALTO FOUNDATION MEDICAL GROUP, INC. (“PAFMG”), by and through its attomeys,
hereby does and will move for this Court to strike Plaintiff DIANA P. BLUM’s (“Blum”)
Memorandum of Costs.
Ml
Ml
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DEFENDANT PALO ALTO FOUNDATION MEDICAL GROUP, INC.’S NOTICE OF MOTION AND MOTION
TO STRIKE / TAX MEMORANDUM OF COSTS BASED ON 998 OFFER,
This Motion is brought pursuant to Code of Civil Procedure sections 473(d), 664.6, 1032,
and 1033.5, on the following grounds that Plaintiff is not entitled to any costs as she is not the
prevailing
party as a matter of law, pursuant
to Section 998 of the Code of Civil Procedure.
This Motion is made pursuant to Califomia Rule of Court No. 3.1700 on the grounds that
such costs were not reasonably necessary to the conduct of the litigation, and unreasonable
in
amount (Code Civ. Procedure § 1033.5.).
This Motion is based upon this Notice, the attached Memorandum of Points and
Authorities, the Declaration of Hieu T. Williams filed herewith, the records, papers and
Pleadings filed in the above-entitled
action, and upon such documentary
and oral evidence as
10 may be introduced at or prior
to hearing on this Motion.
11
Dated: June 25, 201 GORDON REES SCULLY MANSUKHANI, LLP
12
13 py. MARCIE
Dtimedalllann
ISOM FITZSIMMONS
14 HIEU T. WILLIAMS
Attor for Defendant
15 PALO ALTO FOUNDATION MEDICAL
GROUP, INC.
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DEFENDANT PALO ALTO FOUNDATION MEDICAL GROUP, INC.’S NOTICE OF MOTION AND MOTION
TO STRIKE / TAX MEMORANDUM OF COSTS BASED ON 998 OFFER,
PROOF OF SERVICE
Tam a resident of the State of California, over the age of 18 years, and not a party to the
within action. My business address is: Gordon Rees Scully Mansukhani, LLP, 275 Battery St.,
Suite 2000, San Francisco, California 94111. On the date below, I served the within documents:
DEFENDANT PALO ALTO FOUNDATION MEDICAL GROUP, INC.’S
NOTICE OF MOTION AND MOTION TO STRIKE / TAX MEMORANDUM OF
COSTS BASED ON 998 OFFER;
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
THEREOF;
DECLARATION OF HIEU T. WILLIAMS IN SUPPORT THEREOF;
[PROPOSED] ORDER IN SUPPORT THEREOF;
By Electronic Transmission: By transmitting via electronic mail the document(s)
listed above to the e-mail address(es) set forth below.
Via Odyssey E-File CA or OneLegal, Electronic Filing System: By causing
electronic service to all parties listed on the E-Service list on the Odyssey E-File CA or
10
OneLegal website (if any listed).
11 By U.S. Mail: By placing the document(s) listed above in a sealed envelope with
aS postage thereon fully prepaid, in United States mail in the State of California at San
asc 12 Francisco, addressed as set forth below.
gas
Bes2
fh« 13 Attorneys for Plaintiff Attorneys for Defendants
gv
2¢ Theresa J. Barta Sutter Health and Palo Alto Medical
ES 14
Sag Foundation
SEs Law Offices of Theresa Barta
ag Ze 4041 MacArthur Blvd. Suite 280 Lindberg Porter, Jr.
woe 15
ac Newport Beach, CA 92660 Maiko Nakarai-Kanivas
Mw Telephone: 949 833-3383 Littler Mendelson, P.C.
es
Ea 16
Facsimile: 949 209-2530 1255 Treat Blvd, Suite 600
17 Email: Theresa@barta-law.com Walnut Creek, CA 94597
Telephone: 925 932-2468
18 Facsimile: 925 946-9809
Email: Lporter@littler.com
19 MNakarai@littler.com
MAMartinez@littler.com
20 Co-counsel for Plaintiff
Charles M. Louderback
21 Stacey L. Pratt
Louderback Law Group
22 44 Montgomery St. #2970
San Francisco, CA 94104
23 Telephone: 415 615-0200
Facsimile: 415 795-4775
24 Email: Clouderback@louderbackgroup.com
Spratt@louderbackgroup.com
25
26 Iam readily familiar with the firm’s practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
27 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage
28 meter date is more than one day after the date of deposit for mailing in affidavit.
-3-
DEFENDANT PALO ALTO FOUNDATION MEDICAL GROUP, INC.’S NOTICE OF MOTION AND MOTION
TO STRIKE / TAX MEMORANDUM OF COSTS BASED ON 998 OFFER
I declare under penalty of perjury
under the laws of the State of Califomia
that the above
is true and correct.
Executed on June 25, 2018, at San Francisco, Califomia.
ALL ce
ehimi Olvera
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‘1105880/38052298V.1
-4
DEFENDANT PALO ALTO FOUNDATION MEDICAL GROUP, INC.’S NOTICE OF MOTION AND MOTION
TO STRIKE / TAX MEMORANDUM OF COSTS BASED ON 998 OFFER,
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MARCIE ISOM FITZSIMMONS (SBN: 226906) HIEU T. WILLIAMS (SBN: 280585) GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 986-5900 Facsimile: (415) 986-8054 Misom@gordonrees.com Hwilliams@gordonrees.com Attol for Defendant PALO ALTO FOUNDATION MEDICAL GROUP, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DIANA P. BLUM, M.D., CASE NO. 115CV277582 gx Plaintiff, DEFENDANT PALO ALTO FOUNDATION MEDICAL GROUP, INC.’S NOTICE OF MOTION AND MOTIONTO STRIKE / TAX SUTTER HEALTH, a Califomia corporation; MEMORANDUM OF COSTS BASED PALO ALTO FOUNDATION MEDICAL ON 998 OFFER GROUP, INC., a Califomia corporation; . PALO ALTO MEDICAL FOUNDATION, a A Documents: Califomia corporation; and DOES 1 through Memorandum of Points and Authorities; Declaration of Hieu T. Williams; [Proposed] Order Defendants. Date: A 17, 2018 Time: 1:30pm. Dept: TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that August 17, 2018 at 1:30 p.m. or as soon thereafter as the Court may hear this matter, in Department 16 of the above-entitled Court, Defendant PALO ALTO FOUNDATION MEDICAL GROUP, INC. (“PAFMG”), by and through its attomeys, hereby does and will move for this Court to strike Plaintiff DIANA P. BLUM’s (“Blum”) Memorandum of Costs. Ml Ml “1 DEFENDANT PALO ALTO FOUNDATION MEDICAL GROUP, INC.’S NOTICE OF MOTION AND MOTION TO STRIKE / TAX MEMORANDUM OF COSTS BASED ON 998 OFFER, This Motion is brought pursuant to Code of Civil Procedure sections 473(d), 664.6, 1032, and 1033.5, on the following grounds that Plaintiff is not entitled to any costs as she is not the prevailing party as a matter of law, pursuant to Section 998 of the Code of Civil Procedure. This Motion is made pursuant to Califomia Rule of Court No. 3.1700 on the grounds that such costs were not reasonably necessary to the conduct of the litigation, and unreasonable in amount (Code Civ. Procedure § 1033.5.). This Motion is based upon this Notice, the attached Memorandum of Points and Authorities, the Declaration of Hieu T. Williams filed herewith, the records, papers and Pleadings filed in the above-entitled action, and upon such documentary and oral evidence as 10 may be introduced at or prior to hearing on this Motion. 11 Dated: June 25, 201 GORDON REES SCULLY MANSUKHANI, LLP 12 13 py. MARCIE Dtimedalllann ISOM FITZSIMMONS 14 HIEU T. WILLIAMS Attor for Defendant 15 PALO ALTO FOUNDATION MEDICAL GROUP, INC. 16 17 18 19 20 21 24 25 26 27 -2 DEFENDANT PALO ALTO FOUNDATION MEDICAL GROUP, INC.’S NOTICE OF MOTION AND MOTION TO STRIKE / TAX MEMORANDUM OF COSTS BASED ON 998 OFFER, PROOF OF SERVICE Tam a resident of the State of California, over the age of 18 years, and not a party to the within action. My business address is: Gordon Rees Scully Mansukhani, LLP, 275 Battery St., Suite 2000, San Francisco, California 94111. On the date below, I served the within documents: DEFENDANT PALO ALTO FOUNDATION MEDICAL GROUP, INC.’S NOTICE OF MOTION AND MOTION TO STRIKE / TAX MEMORANDUM OF COSTS BASED ON 998 OFFER; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF HIEU T. WILLIAMS IN SUPPORT THEREOF; [PROPOSED] ORDER IN SUPPORT THEREOF; By Electronic Transmission: By transmitting via electronic mail the document(s) listed above to the e-mail address(es) set forth below. Via Odyssey E-File CA or OneLegal, Electronic Filing System: By causing electronic service to all parties listed on the E-Service list on the Odyssey E-File CA or 10 OneLegal website (if any listed). 11 By U.S. Mail: By placing the document(s) listed above in a sealed envelope with aS postage thereon fully prepaid, in United States mail in the State of California at San asc 12 Francisco, addressed as set forth below. gas Bes2 fh« 13 Attorneys for Plaintiff Attorneys for Defendants gv 2¢ Theresa J. Barta Sutter Health and Palo Alto Medical ES 14 Sag Foundation SEs Law Offices of Theresa Barta ag Ze 4041 MacArthur Blvd. Suite 280 Lindberg Porter, Jr. woe 15 ac Newport Beach, CA 92660 Maiko Nakarai-Kanivas Mw Telephone: 949 833-3383 Littler Mendelson, P.C. es Ea 16 Facsimile: 949 209-2530 1255 Treat Blvd, Suite 600 17 Email: Theresa@barta-law.com Walnut Creek, CA 94597 Telephone: 925 932-2468 18 Facsimile: 925 946-9809 Email: Lporter@littler.com 19 MNakarai@littler.com MAMartinez@littler.com 20 Co-counsel for Plaintiff Charles M. Louderback 21 Stacey L. Pratt Louderback Law Group 22 44 Montgomery St. #2970 San Francisco, CA 94104 23 Telephone: 415 615-0200 Facsimile: 415 795-4775 24 Email: Clouderback@louderbackgroup.com Spratt@louderbackgroup.com 25 26 Iam readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 27 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage 28 meter date is more than one day after the date of deposit for mailing in affidavit. -3- DEFENDANT PALO ALTO FOUNDATION MEDICAL GROUP, INC.’S NOTICE OF MOTION AND MOTION TO STRIKE / TAX MEMORANDUM OF COSTS BASED ON 998 OFFER I declare under penalty of perjury under the laws of the State of Califomia that the above is true and correct. Executed on June 25, 2018, at San Francisco, Califomia. ALL ce ehimi Olvera 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 ‘1105880/38052298V.1 -4 DEFENDANT PALO ALTO FOUNDATION MEDICAL GROUP, INC.’S NOTICE OF MOTION AND MOTION TO STRIKE / TAX MEMORANDUM OF COSTS BASED ON 998 OFFER,