Preview
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
Attorneys for Defendant
PALO ALTO FOUNDATION MEDICAL GROUP, INC.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
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i DIANA P. BLUM, M.D., ) CASE NO. 115CV277582
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12 Plaintiff,
a= NOTICE OF ENTRY OF ORDER
2 ) DENYING MOTION FOR NEW TRIAL
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so
at
vs.
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14 SUTTER HEALTH, a California corporation;
PALO ALTO FOUNDATION MEDICAL
ee 15 GROUP, INC., a California corporation;
Se PALO ALTO MEDICAL FOUNDATION, a
16 California corporation; and DOES | through
m5
mn 20,
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Defendants. )
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19 PLEASE TAKE NOTICE that on April 23, 2018, the attached Order Denying Motion for
20 New Trial was entered and is attached hereto as Exhibit A.
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Dated: April 23, 2018 GORDON REES SCULLY MANSUKHANI, LLP
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By: Drmsnlllamg
24 MARCIE ISOM FITZSIMMONS
HIEU TRAN WILLIAMS
25 Attorneys for Defendant
PALO ALTO FOUNDATION MEDICAL
26 GROUP, INC.
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1105880/30663490v.1
-1-
NOTICE OF ENTRY OF ORDER DENYING MOTION FOR NEW TRIAL
EXHIBIT A
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
10 DIANA P. BLUM, M.D., Case No. 115-CV-277582
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Plaintiff, ORDER DENYING MOTION FOR NEW
12 TRIAL
vs.
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14 SUTTER HEALTH, a California corporation; PALO
ALTO FOUNDATION MEDICAL GROUP, INC., a
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California Corporation; PALO ALTO MEDICAL
16 FOUNDATION, a California corporation
17 Defendants.
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This matter came for hearing in Department 16 on April 18, 2018 at 9:00 A.M. Plaintiff,
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DIANA P. BLUM, M.D., appeared by and through her attorneys, Theresa J. Barta, Barta Law, and
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Charles M. Louderback and Stacey L. Pratt, Louderback Law Group. Defendant, PALO ALTO
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FOUNDATION MEDICAL GROUP, INC., appeared by and through its attorneys, Marcie Isom
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Fitzsimmons and Hieu Tran Williams, Gordon Rees Scully Mansukhani, LLP, and Defendants,
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SUTTER HEALTH and PALO ALTO MEDICAL FOUNDATION, appeared by and through telephonic
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appearance of their attorney, Maiko Nakarai-Kanivas, Littler Mendelson, P.C.
On March 9, 2018, Plaintiff filed notice of intention to move for new trial. Plaintiff filed
a motion for new trial and pleadings in support, and Defendants filed their respective pleadings
in opposition. Plaintiff filed pleadings in reply. On April 16, 2018, the Court prepared and
provided the parties with a tentative ruling. Hearing is for oral argument on the motion and
tentative ruling.
At hearing, Plaintiff confirmed that her motion for new trial is not directed at, and does
not include, Defendants Sutter Health and Palo Alto Medical Foundation or the Judgment
entered in favor of such Defendants. The parties stipulated to service of Order by email.
After consideration of the pleadings submitted in support of and in opposition to the
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motion, argument of counsel at hearing, further consideration of the parties’ contentions after
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hearing, and application of law, THE COURT ISSUES THE FOLLOWING ORDER:
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Plaintiff's motion for new trial is DENIED.
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IT IS SO ORDERED.
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Dated: April 23, 2018 ——_fsf
15 Hon. Drew C. Takaichi
16 Judge of the Superior Court
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Diana P. Blum, M.D. y. Sutter Health, et al.
Santa Clara Superior Court Case No. 115CV277582
PROOF OF SERVICE
Iam 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 ORDER DENYING MOTION FOR NEW TRIAL
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).
Via Hand: By causing the document(s) listed above to be hand delivered to the
O person(s) at the address(es) set forth below.
By placing a true copy thereof enclosed in a sealed envelope, at astation
Oo By Fed Ex:
designated for collection and processing of envelopes and packages for overnight
delivery by FedEx as part of the ordinary business practices of Gordon Rees Scully
10 Mansukhani, LLP described below, addressed as follows:
11 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
e- 12 Francisco, addressed as set forth below.
as
ast
so 13 Attorneys for Plaintiff Attorneys for Defendants
nant
e¥ Sutter Health and Palo Alto Medical
14 Theresa J. Barta
Law Offices of Theresa Barta Foundation
1S 4041 MacArthur Blvd. Suite 280 Lindberg Porter, Jr.
Newport Beach, CA 92660 Maiko Nakarai-Kanivas
Sa
ae 16 Telephone: 949 833-3383 Littler Mendelson, P.C.
wn 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
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Stacey L. Pratt
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Louderback Law Group
44 Montgomery St. #2970
San Francisco, CA 94104
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Telephone: 415 615-0200
Facsimile: 415 795-4775
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Email: Clouderback@louderbackgroup.com
Spratt@louderbackgroup.com
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lam readily familiar with the firm’s practice of collection and processing correspondence
27 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
28 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.
PROOF OF SERVICE
I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
Executed on April 23, 2018, at San Francisco, California.
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Yehi imi Olvera
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Preview
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 Attorneys for Defendant PALO ALTO FOUNDATION MEDICAL GROUP, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 10 i DIANA P. BLUM, M.D., ) CASE NO. 115CV277582 ) S- 12 Plaintiff, a= NOTICE OF ENTRY OF ORDER 2 ) DENYING MOTION FOR NEW TRIAL 13 so at vs. ) 0 14 SUTTER HEALTH, a California corporation; PALO ALTO FOUNDATION MEDICAL ee 15 GROUP, INC., a California corporation; Se PALO ALTO MEDICAL FOUNDATION, a 16 California corporation; and DOES | through m5 mn 20, 17 Defendants. ) 18 19 PLEASE TAKE NOTICE that on April 23, 2018, the attached Order Denying Motion for 20 New Trial was entered and is attached hereto as Exhibit A. 21 Dated: April 23, 2018 GORDON REES SCULLY MANSUKHANI, LLP 22 23 By: Drmsnlllamg 24 MARCIE ISOM FITZSIMMONS HIEU TRAN WILLIAMS 25 Attorneys for Defendant PALO ALTO FOUNDATION MEDICAL 26 GROUP, INC. 27 28 1105880/30663490v.1 -1- NOTICE OF ENTRY OF ORDER DENYING MOTION FOR NEW TRIAL EXHIBIT A SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 10 DIANA P. BLUM, M.D., Case No. 115-CV-277582 11 Plaintiff, ORDER DENYING MOTION FOR NEW 12 TRIAL vs. 13 14 SUTTER HEALTH, a California corporation; PALO ALTO FOUNDATION MEDICAL GROUP, INC., a 15 California Corporation; PALO ALTO MEDICAL 16 FOUNDATION, a California corporation 17 Defendants. 18 19 20 21 22 This matter came for hearing in Department 16 on April 18, 2018 at 9:00 A.M. Plaintiff, 23 DIANA P. BLUM, M.D., appeared by and through her attorneys, Theresa J. Barta, Barta Law, and 24 Charles M. Louderback and Stacey L. Pratt, Louderback Law Group. Defendant, PALO ALTO 25 FOUNDATION MEDICAL GROUP, INC., appeared by and through its attorneys, Marcie Isom 26 Fitzsimmons and Hieu Tran Williams, Gordon Rees Scully Mansukhani, LLP, and Defendants, 27 SUTTER HEALTH and PALO ALTO MEDICAL FOUNDATION, appeared by and through telephonic 28 appearance of their attorney, Maiko Nakarai-Kanivas, Littler Mendelson, P.C. On March 9, 2018, Plaintiff filed notice of intention to move for new trial. Plaintiff filed a motion for new trial and pleadings in support, and Defendants filed their respective pleadings in opposition. Plaintiff filed pleadings in reply. On April 16, 2018, the Court prepared and provided the parties with a tentative ruling. Hearing is for oral argument on the motion and tentative ruling. At hearing, Plaintiff confirmed that her motion for new trial is not directed at, and does not include, Defendants Sutter Health and Palo Alto Medical Foundation or the Judgment entered in favor of such Defendants. The parties stipulated to service of Order by email. After consideration of the pleadings submitted in support of and in opposition to the 10 motion, argument of counsel at hearing, further consideration of the parties’ contentions after 11 hearing, and application of law, THE COURT ISSUES THE FOLLOWING ORDER: 12 Plaintiff's motion for new trial is DENIED. 13 IT IS SO ORDERED. 14 Dated: April 23, 2018 ——_fsf 15 Hon. Drew C. Takaichi 16 Judge of the Superior Court 17 18 19 20 21 22 23 24 25 26 27 28 Diana P. Blum, M.D. y. Sutter Health, et al. Santa Clara Superior Court Case No. 115CV277582 PROOF OF SERVICE Iam 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 ORDER DENYING MOTION FOR NEW TRIAL 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). Via Hand: By causing the document(s) listed above to be hand delivered to the O person(s) at the address(es) set forth below. By placing a true copy thereof enclosed in a sealed envelope, at astation Oo By Fed Ex: designated for collection and processing of envelopes and packages for overnight delivery by FedEx as part of the ordinary business practices of Gordon Rees Scully 10 Mansukhani, LLP described below, addressed as follows: 11 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 e- 12 Francisco, addressed as set forth below. as ast so 13 Attorneys for Plaintiff Attorneys for Defendants nant e¥ Sutter Health and Palo Alto Medical 14 Theresa J. Barta Law Offices of Theresa Barta Foundation 1S 4041 MacArthur Blvd. Suite 280 Lindberg Porter, Jr. Newport Beach, CA 92660 Maiko Nakarai-Kanivas Sa ae 16 Telephone: 949 833-3383 Littler Mendelson, P.C. wn 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 22 Louderback Law Group 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 lam readily familiar with the firm’s practice of collection and processing correspondence 27 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 28 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. PROOF OF SERVICE I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on April 23, 2018, at San Francisco, California. — al, a. site Yehi imi Olvera 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28 2-