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MARCIE ISOM FITZSIMMONS (SBN: 226906)
HIEU TRAN 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
Plaintiff,
NOTICE OF ENTRY OF SECOND
vs. AMENDED AND FINAL JUDGMENT
SUTTER HEALTH, a Califomia corporation;
PALO ALTO FOUNDATION MEDICAL
GROUP, INC., a California corporation;
PALO ALTO MEDICAL FOUNDATION, a
Califomia corporation; and DOES 1 through
),
Defendants.
PLEASE TAKE NOTICE that on May 25, 2018, the attached Second Amended and Final
Judgment was entered and is attached hereto as Exhibit A.
Dated: May 25, 2018 GORDON REES SCULLY MANSUKHANI, LLP
B ef
MARCIE ISOM FITZSIMMONS
HIEU TRAN WILLIAMS
Attol for Defendant
PALO ALTO FOUNDATION MEDICAL
GROUP, INC.
1
110588(730663490V.1
NOTICE OF ENTRY OF SECOND AMENDED AND FINAL JUDGMENT
EXHIBIT A
MARCIE ISOM FITZSIMMONS (SBN: 226906)
HIEU T. WILLIAMS (SBN: 280585,
GORDON REES SCULLY MANSUKHANTI, LLP
275 Battery Street, Suite 2000
FILE
San Francisco, CA 94111
Telephone: (415) 986-5900
MAY 2 5 2018
Facsimile: (415) 986-8054 Cle. Tk of the Court
‘Superior
MIsom@grsm.com By, Of Santa Clara
HWilliams@grsm.com Merc oerury
Attorneys for Defendant
PALO ALTO FOUNDATION MEDICAL GROUP, INC.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
10
il DIANA P. BLUM, M.D., ) CASE NO. 115CV277582
on 12 Plaintiff, ) hSrosner SECOND AMENDED
an AND FINAL JUDGMENT
oo
£r
aa 13 vs.
)
nx )
el
14 SUTTER HEALTH, a California corporation;
PALO ALTO FOUNDATION MEDICAL )
15 GROUP, INC., a California corporation;
ce PALO ALTO MEDICAL FOUNDATION, a )
te
ag 16 California corporation; and DOES 1 through ) Honorable Judge Drew C. Takaichi
mn 20, Complaint Filed: March 4, 2015
17 ) Trial Date: January 8, 2018
Defendants. )
18
19
20 Trial in the above-referenced matter commenced January 8, 2018 and concluded
21 February 13, 2018 in Department 16 of the Superior Court of California for the County of Santa
22 Clara, the Honorable Drew C. Takaichi presiding; Plaintiff Diana P. Blum, M.D. ("Plaintiff")
23 appeared personally and with her attorney, Theresa J. Barta, Barta Law. Defendants, Sutter
24 Health and Palo Alto Medical Foundation, appeared through its representative, Anthony
25 Pacheco, and with their attorneys, Lindbergh Porter and Maiko Nakarai-Kanivas, of Little
26 Mendelson, P.C., until dismissed pursuant to Order granting motion for nonsuit. Defendant, Palo.
27 Alto Foundation Medical Group, Inc. ("Defendant"), appeared through its representative, David
28
“Le
[PROPESED] SECOND AMENDED JUDGMENT
Gershfield, M.D., and with its attorneys, Marcie Isom Fitzsimmons and Hieu T. Williams,
Gordon Rees Scully Mansukhani, LLP.
A jury of twelve persons was regularly impaneled and sworn. Witnesses were sworn
and testified.
On January 29, 2018, this Court, after considering all relevant evidence offered by
Plaintiff as true, and resolving all presumptions, inferences, conflicts and doubts in the evidence
in Plaintiff's favor, determined that as a matter of law that the evidence presented by Plaintiff is
insufficient to permit a jury to find in Plaintiffs favor as against the Physician Group with
respect to the first cause of action for wrongful (constructive) termination in violation of public
10 policy and the second cause of action for retaliation in violation of Business and Professions
11 code section 2056. This Court therefore granted the Physician Group’s motion for partial
12 nonsuit and these claims are dismissed.
13 After hearing the evidence and arguments of counsel, the jury was duly instructed by the
a<
g¥
14 Court and the cause was submitted to the jury with directions to return a verdict on special
15 issues. The jury deliberated and thereafter returned into Court with its verdict as follows:
Pe
Se
16 1 Shareholder Employment Agreement, the jury found for Defendant.
nn
17 2 On Plaintiffs claim for intentional interference with prospective business
18 advantage, the jury found for Defendant.
19 3 The jury awarded Plaintiff damages in the amount of $28,415.00 for breach of
20 contract, specifically section 4.6 of the Shareholder Employment Agreement.
21 Plaintiffs’ claim for violation of Business and Professions Code section 17200 was
22 bifurcated for Court determination, to occur immediately following discharge of the jury. After
23 consideration of the evidence, oral and documentary, argument of counsel and application of the
24 law, the Court finds that Plaintiff has not met her burden of proof that Defendant engaged in
25 unfair competition, including any unlawful, unfair or fraudulent business act or practice or other
26 prohibited act in violation of Business and Professions code section 17200.
27 Incorporating the Amended Judgment dated February 27, 2019, the Court’s February 16,
28 2018 order granting in part and denying in part the Physician Group’s motion for non-suit, or in
2-
[RRGROSED] SECOND AMENDED JUDGMENT
the alternative, partial non-suit, and the Court’s statement of decision and order as to the Section
17200 claim, NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND
DECREED that:
1 Judgment is entered in favor of Physician Group and against Plaintiff on
Plaintiffs fourth cause of action for unlawful and/or unfair business practices in violation of
California Business and Professions code section 17200.
2 Judgment is entered dismissing the first cause of action for wrongful
(constructive) termination in violation of public policy (Business and Professions Code section
2056) and the second cause of action for retaliation in violation of (Business and Professions
10 Code section 2056). Plaintiff shall take nothing from the Physician Group related to the first and
11 second causes of action.
12 3 Plaintiff shall be awarded damages in the amount of $28,415.00 for breach of
en
an
£2 13 ontract.
aA<
es
14 4 Costs shall be awarded in accordance with law.
15
Ee Dated: a. 255 iP
16
mg
nn
17 By
IN7 DREW C. TAKAICHI
18 Superior Court Judge
19
20
21
22
23
24
25
26
27
28
1105880/37527429v.1
3-
[PROPOSED] SECOND AMENDED JUDGMENT
re SUPERIOR COURT OF CALIFORNIA
fy COUNTY OF SANTA CLARA
DOWNTOWN COURTHOUSE
Vv.
191 NorTH First STREET
=
SAN JOSE, CALIFORNIA 25 ENDORSED
KeiFoReo NS CIVILDI
Marcie Isom Fitzsimmons
Gordon & Rees
MAY 25 2018
275 Battery St #2000
San Francisco CA 94111 Clerk of t > Sourt
‘Superior Court of CA G of Sani” Clara
BY, LcPUTY
RE: D. Blum vs Sutter Health, et al
Case Number: 2015-1-CV-277582
PROOF OF SERVICE
SECOND AMENDED AND FINAL JUDGMENT was delivered to the parties listed below the above entitled case
as set forth in the sworn declaration below.
If you, a party represented by you, or a witness to be called on behalf of that party need an accommodation under the American with
Disabilities Act, please contact the Court Administrator's office at (408) 882-2700, or use the Court's TDD line (408): 882-2690 or the
Voice/TDD California Relay Service (800) 735-2922.
IECLARATION OF SERVICE BY MAIL: | declare that | served this notice by enclosing a true copy in a sealed envelope, addressed to
each person whose name is shown below, and by depositing the envelope with postage fully prepaid, in the United States Mail at San Jose,
CA on May 25, 2018, CLERK OF THE COURT, by Melanie Bueno, Deputy.
ce: Lindbergh Porter Jr 333 Bush St Floor 34 San Francisco CA 94104
Theresa J Barta 4041 Macarthur Blvd Newport Beach CA 92660
Maiko Nakarai-Kanivas 1255 Treat Blvd Suite 600 Walnut Creek CA 94597
Charles M Louderback 44 Montgomery Street Suite 2970 San Francisco CA 94104
CW-9027 REV 12/08/16 PROOF OF SERVICE
Diana P. Blum, M.D. v. Sutter Health, et al.
Santa Clara Superior Court Case No. 115CV277582
PROOF OF SERVICE
I am 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:
NOTICE OF ENTRY OF SECOND AMENDED AND FINAL JUDGMENT
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, Electronic Filing System: By causing electronic service to
all parties listed on the E-Service list on the Odyssey E-File CA website (if any listed).
By U.S. Mail: By placing the document(s) listed above in a sealed envelope with
postage thereon fully prepaid, in United States mail in the State of California at San
Francisco, addressed as set forth below.
Attorneys for Plaintiff Attorneys for Defendants
10 Sutter Health and Palo Alto Medical
Theresa J. Barta
Law Offices of Theresa Barta Foundation
11
4041 MacArthur Blvd. Suite 280 Lindberg Porter, Jr.
gs 12 Newport Beach, CA 92660 Maiko Nakarai-Kanivas
aes-
gat Telephone: 949 833-3383 Littler Mendelson, P.C.
2= Facsimile: 949 209-2530
Ea 13 1255 Treat Blvd, Suite 600
caA« Email: Theresa@barta-law.com Walnut Creek, CA 94597
14 Telephone: 925 932-2468
25 Facsimile: 925 946-9809
15 Email: Lporter@littler.com
ga MNakarai@littler.com
Sac
wo 16 MAMartinez@littler.com
Ba Co-counsel for Plaintiff
17
Charles M. Louderback
18 Stacey L. Pratt
Louderback Law Group
44 Montgomery St. #2970
19
San Francisco, CA 94104
20 Telephone: 415 615-0200
Facsimile: 415 795-4775
Email: Clouderback@louderbackgroup.com
21
Spratt@louderbackgroup.com
22
I am readily familiar with the firm’s practice of collection and processing correspondence
23 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
24 motion of the party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after the date of deposit for mailing in affidavit.
23 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
26
Executed on May 31, 2018, at San Francisco, California.
27
28 Mey Megfra
Naizghi//
PROOF OF SERVICE
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MARCIE ISOM FITZSIMMONS (SBN: 226906) HIEU TRAN 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 Plaintiff, NOTICE OF ENTRY OF SECOND vs. AMENDED AND FINAL JUDGMENT SUTTER HEALTH, a Califomia corporation; PALO ALTO FOUNDATION MEDICAL GROUP, INC., a California corporation; PALO ALTO MEDICAL FOUNDATION, a Califomia corporation; and DOES 1 through ), Defendants. PLEASE TAKE NOTICE that on May 25, 2018, the attached Second Amended and Final Judgment was entered and is attached hereto as Exhibit A. Dated: May 25, 2018 GORDON REES SCULLY MANSUKHANI, LLP B ef MARCIE ISOM FITZSIMMONS HIEU TRAN WILLIAMS Attol for Defendant PALO ALTO FOUNDATION MEDICAL GROUP, INC. 1 110588(730663490V.1 NOTICE OF ENTRY OF SECOND AMENDED AND FINAL JUDGMENT EXHIBIT A MARCIE ISOM FITZSIMMONS (SBN: 226906) HIEU T. WILLIAMS (SBN: 280585, GORDON REES SCULLY MANSUKHANTI, LLP 275 Battery Street, Suite 2000 FILE San Francisco, CA 94111 Telephone: (415) 986-5900 MAY 2 5 2018 Facsimile: (415) 986-8054 Cle. Tk of the Court ‘Superior MIsom@grsm.com By, Of Santa Clara HWilliams@grsm.com Merc oerury Attorneys for Defendant PALO ALTO FOUNDATION MEDICAL GROUP, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 10 il DIANA P. BLUM, M.D., ) CASE NO. 115CV277582 on 12 Plaintiff, ) hSrosner SECOND AMENDED an AND FINAL JUDGMENT oo £r aa 13 vs. ) nx ) el 14 SUTTER HEALTH, a California corporation; PALO ALTO FOUNDATION MEDICAL ) 15 GROUP, INC., a California corporation; ce PALO ALTO MEDICAL FOUNDATION, a ) te ag 16 California corporation; and DOES 1 through ) Honorable Judge Drew C. Takaichi mn 20, Complaint Filed: March 4, 2015 17 ) Trial Date: January 8, 2018 Defendants. ) 18 19 20 Trial in the above-referenced matter commenced January 8, 2018 and concluded 21 February 13, 2018 in Department 16 of the Superior Court of California for the County of Santa 22 Clara, the Honorable Drew C. Takaichi presiding; Plaintiff Diana P. Blum, M.D. ("Plaintiff") 23 appeared personally and with her attorney, Theresa J. Barta, Barta Law. Defendants, Sutter 24 Health and Palo Alto Medical Foundation, appeared through its representative, Anthony 25 Pacheco, and with their attorneys, Lindbergh Porter and Maiko Nakarai-Kanivas, of Little 26 Mendelson, P.C., until dismissed pursuant to Order granting motion for nonsuit. Defendant, Palo. 27 Alto Foundation Medical Group, Inc. ("Defendant"), appeared through its representative, David 28 “Le [PROPESED] SECOND AMENDED JUDGMENT Gershfield, M.D., and with its attorneys, Marcie Isom Fitzsimmons and Hieu T. Williams, Gordon Rees Scully Mansukhani, LLP. A jury of twelve persons was regularly impaneled and sworn. Witnesses were sworn and testified. On January 29, 2018, this Court, after considering all relevant evidence offered by Plaintiff as true, and resolving all presumptions, inferences, conflicts and doubts in the evidence in Plaintiff's favor, determined that as a matter of law that the evidence presented by Plaintiff is insufficient to permit a jury to find in Plaintiffs favor as against the Physician Group with respect to the first cause of action for wrongful (constructive) termination in violation of public 10 policy and the second cause of action for retaliation in violation of Business and Professions 11 code section 2056. This Court therefore granted the Physician Group’s motion for partial 12 nonsuit and these claims are dismissed. 13 After hearing the evidence and arguments of counsel, the jury was duly instructed by the a< g¥ 14 Court and the cause was submitted to the jury with directions to return a verdict on special 15 issues. The jury deliberated and thereafter returned into Court with its verdict as follows: Pe Se 16 1 Shareholder Employment Agreement, the jury found for Defendant. nn 17 2 On Plaintiffs claim for intentional interference with prospective business 18 advantage, the jury found for Defendant. 19 3 The jury awarded Plaintiff damages in the amount of $28,415.00 for breach of 20 contract, specifically section 4.6 of the Shareholder Employment Agreement. 21 Plaintiffs’ claim for violation of Business and Professions Code section 17200 was 22 bifurcated for Court determination, to occur immediately following discharge of the jury. After 23 consideration of the evidence, oral and documentary, argument of counsel and application of the 24 law, the Court finds that Plaintiff has not met her burden of proof that Defendant engaged in 25 unfair competition, including any unlawful, unfair or fraudulent business act or practice or other 26 prohibited act in violation of Business and Professions code section 17200. 27 Incorporating the Amended Judgment dated February 27, 2019, the Court’s February 16, 28 2018 order granting in part and denying in part the Physician Group’s motion for non-suit, or in 2- [RRGROSED] SECOND AMENDED JUDGMENT the alternative, partial non-suit, and the Court’s statement of decision and order as to the Section 17200 claim, NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1 Judgment is entered in favor of Physician Group and against Plaintiff on Plaintiffs fourth cause of action for unlawful and/or unfair business practices in violation of California Business and Professions code section 17200. 2 Judgment is entered dismissing the first cause of action for wrongful (constructive) termination in violation of public policy (Business and Professions Code section 2056) and the second cause of action for retaliation in violation of (Business and Professions 10 Code section 2056). Plaintiff shall take nothing from the Physician Group related to the first and 11 second causes of action. 12 3 Plaintiff shall be awarded damages in the amount of $28,415.00 for breach of en an £2 13 ontract. aA< es 14 4 Costs shall be awarded in accordance with law. 15 Ee Dated: a. 255 iP 16 mg nn 17 By IN7 DREW C. TAKAICHI 18 Superior Court Judge 19 20 21 22 23 24 25 26 27 28 1105880/37527429v.1 3- [PROPOSED] SECOND AMENDED JUDGMENT re SUPERIOR COURT OF CALIFORNIA fy COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE Vv. 191 NorTH First STREET = SAN JOSE, CALIFORNIA 25 ENDORSED KeiFoReo NS CIVILDI Marcie Isom Fitzsimmons Gordon & Rees MAY 25 2018 275 Battery St #2000 San Francisco CA 94111 Clerk of t > Sourt ‘Superior Court of CA G of Sani” Clara BY, LcPUTY RE: D. Blum vs Sutter Health, et al Case Number: 2015-1-CV-277582 PROOF OF SERVICE SECOND AMENDED AND FINAL JUDGMENT was delivered to the parties listed below the above entitled case as set forth in the sworn declaration below. If you, a party represented by you, or a witness to be called on behalf of that party need an accommodation under the American with Disabilities Act, please contact the Court Administrator's office at (408) 882-2700, or use the Court's TDD line (408): 882-2690 or the Voice/TDD California Relay Service (800) 735-2922. IECLARATION OF SERVICE BY MAIL: | declare that | served this notice by enclosing a true copy in a sealed envelope, addressed to each person whose name is shown below, and by depositing the envelope with postage fully prepaid, in the United States Mail at San Jose, CA on May 25, 2018, CLERK OF THE COURT, by Melanie Bueno, Deputy. ce: Lindbergh Porter Jr 333 Bush St Floor 34 San Francisco CA 94104 Theresa J Barta 4041 Macarthur Blvd Newport Beach CA 92660 Maiko Nakarai-Kanivas 1255 Treat Blvd Suite 600 Walnut Creek CA 94597 Charles M Louderback 44 Montgomery Street Suite 2970 San Francisco CA 94104 CW-9027 REV 12/08/16 PROOF OF SERVICE Diana P. Blum, M.D. v. Sutter Health, et al. Santa Clara Superior Court Case No. 115CV277582 PROOF OF SERVICE I am 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: NOTICE OF ENTRY OF SECOND AMENDED AND FINAL JUDGMENT 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, Electronic Filing System: By causing electronic service to all parties listed on the E-Service list on the Odyssey E-File CA website (if any listed). By U.S. Mail: By placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in United States mail in the State of California at San Francisco, addressed as set forth below. Attorneys for Plaintiff Attorneys for Defendants 10 Sutter Health and Palo Alto Medical Theresa J. Barta Law Offices of Theresa Barta Foundation 11 4041 MacArthur Blvd. Suite 280 Lindberg Porter, Jr. gs 12 Newport Beach, CA 92660 Maiko Nakarai-Kanivas aes- gat Telephone: 949 833-3383 Littler Mendelson, P.C. 2= Facsimile: 949 209-2530 Ea 13 1255 Treat Blvd, Suite 600 caA« Email: Theresa@barta-law.com Walnut Creek, CA 94597 14 Telephone: 925 932-2468 25 Facsimile: 925 946-9809 15 Email: Lporter@littler.com ga MNakarai@littler.com Sac wo 16 MAMartinez@littler.com Ba Co-counsel for Plaintiff 17 Charles M. Louderback 18 Stacey L. Pratt Louderback Law Group 44 Montgomery St. #2970 19 San Francisco, CA 94104 20 Telephone: 415 615-0200 Facsimile: 415 795-4775 Email: Clouderback@louderbackgroup.com 21 Spratt@louderbackgroup.com 22 I am readily familiar with the firm’s practice of collection and processing correspondence 23 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on 24 motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. 23 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 26 Executed on May 31, 2018, at San Francisco, California. 27 28 Mey Megfra Naizghi// PROOF OF SERVICE