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1 SHARTSIS FRIESE LLP
RICHARD F. MUNZINGER (Bar #217902) 5/7/2020
2 DANIEL M. PONIATOWSKI (Bar #306754)
One Maritime Plaza, Eighteenth Floor
3 San Francisco, CA 94111-3598
Telephone: (415) 421-6500
4 Facsimile: (415) 421-2922
Email: rmunzinger@sflaw.com
5 Email: dponiatowski@sflaw.com
6 Attorneys for Respondent Kafele T. Hodari, MD, Inc
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF BUTTE
10
OMAR JAY ON and BARBARA ON, Case No. 19CV03856
11
Petitioners,
12
SAN FRANCISCO, CA 94111-3598
v. DECLARATION OF DR. KAFELE T.
SHARTSIS FRIESE LLP
ONE MARITIME PLAZA
HODARI, M.D. IN SUPPORT OF
EIGHTEENTH FLOOR
13
STEPHEN A. VANNUCCI, M.D., INC. and RESPONDENT KAFELE T. HODARI,
14 NORTH VALLEY DERMATOLOGY MD, INC’S OPPOSITION TO MOTION
CENTER, TO AMEND JUDGMENT
15
Respondents. Date: May 20, 2020
16 Time: 9:00 a.m.
Dept: 1
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Case No. DECLARATION OF DR. KAFELE T. HODARI, M.D. ISO KHI’S
19CV03856 OPPOSITION TO MOTION TO AMEND JUDGMENT
1 I, Dr. Kafele T. Hodari, M.D., declare:
2 1. I submit this declaration in support of Kafele T. Hodari, MD, Inc’s (“KHI”)
3 Opposition to the Motion To Amend Judgment of Petitioners Omar Jay On (“On”) and Barbara
4 On. I make this Declaration on the basis of my own personal knowledge, except where otherwise
5 stated. If called to testify, I could and would testify truthfully and competently to the facts stated
6 herein.
7 2. I am a physician licensed to practice medicine in the State of California. I
8 specialize in dermatology.
9 3. I worked personally as a physician employee of Dr. Donald F. Richey, M.D. from
10 approximately August of 2011 until October of 2012.
11 4. I am the sole shareholder of KHI, which is a California professional corporation.
12 5. On or around November 8, 2012, KHI became an equal partner in North Valley
SAN FRANCISCO, CA 94111-3598
SHARTSIS FRIESE LLP
ONE MARITIME PLAZA
EIGHTEENTH FLOOR
13 Dermatology Center with Donald F. Richey, M.D., Inc. (“DRI”), Stephen A. Vannucci, M.D., Inc
14 (“SAVI”), and F. Paul Sajben, M.D., a Professional Corporation (“PSI”).
15 6. I am aware that Petitioners instituted legal proceedings with respect to On’s
16 employment between October 1, 2010 and July 2, 2013 (the “On Claim Period”).
17 7. At no point during or prior to the On Claim Period did I personally have any
18 knowledge regarding the particulars of On’s employment arrangement, other than that the
19 arrangement was with SAVI, that SAVI supervised On, and that SAVI collected a supervisor fee
20 from On that was in the range of approximately $100,000 per year. At no point during or prior to
21 the On Claim Period did I personally have input into On’s employment arrangement.
22 8. It is my understanding that at no point during or prior to the On Claim Period did
23 KHI have any knowledge regarding the particulars of On’s employment arrangement, other than
24 that the arrangement was with SAVI, that SAVI supervised On, and that SAVI collected a
25 supervisor fee from On that was in the range of approximately $100,000 per year. It is my
26 understanding that at no point during or prior to the On Claim Period did KHI have input into
27 On’s employment arrangement.
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Case No. DECLARATION OF DR. KAFELE T. HODARI, M.D. ISO KHI’S
19CV03856 OPPOSITION TO MOTION TO AMEND JUDGMENT
9. KI-II had no reason to ask further about the details ofOn’s employment, because
under the terms of the NVDC partnelship agreement each partner’s practice was basically
maintained separately om the othem. Bach doctor’s professional corporation managed and was
responsible for its own stam including physicians assistants like On, and only shared certain
common administrative expenses.
Ideclare under penalty ofperjury under the laws ofthe sme of California that the
fmegoing
i,
.
is true and correct, and that this Declaration was executed on May 2020 at
‘C O California.
8681431
DR. L T. 4f):—
9411 14598
SHARTSISFRIESELLP
ONEMARHMPLAZA
m
SAN FRANCISCD. CA
Hm}!
26
27
28 .
-2 -
Case No. DECLARATION 0F DR KAFELE T. HODARI, MD. ISO KHI’S
l9CV03 856 OPPOSITION TO MOTION T0 AMEND JUDGMENT
Preview
1 SHARTSIS FRIESE LLP RICHARD F. MUNZINGER (Bar #217902) 5/7/2020 2 DANIEL M. PONIATOWSKI (Bar #306754) One Maritime Plaza, Eighteenth Floor 3 San Francisco, CA 94111-3598 Telephone: (415) 421-6500 4 Facsimile: (415) 421-2922 Email: rmunzinger@sflaw.com 5 Email: dponiatowski@sflaw.com 6 Attorneys for Respondent Kafele T. Hodari, MD, Inc 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF BUTTE 10 OMAR JAY ON and BARBARA ON, Case No. 19CV03856 11 Petitioners, 12 SAN FRANCISCO, CA 94111-3598 v. DECLARATION OF DR. KAFELE T. SHARTSIS FRIESE LLP ONE MARITIME PLAZA HODARI, M.D. IN SUPPORT OF EIGHTEENTH FLOOR 13 STEPHEN A. VANNUCCI, M.D., INC. and RESPONDENT KAFELE T. HODARI, 14 NORTH VALLEY DERMATOLOGY MD, INC’S OPPOSITION TO MOTION CENTER, TO AMEND JUDGMENT 15 Respondents. Date: May 20, 2020 16 Time: 9:00 a.m. Dept: 1 17 18 19 20 21 22 23 24 25 26 27 28 Case No. DECLARATION OF DR. KAFELE T. HODARI, M.D. ISO KHI’S 19CV03856 OPPOSITION TO MOTION TO AMEND JUDGMENT 1 I, Dr. Kafele T. Hodari, M.D., declare: 2 1. I submit this declaration in support of Kafele T. Hodari, MD, Inc’s (“KHI”) 3 Opposition to the Motion To Amend Judgment of Petitioners Omar Jay On (“On”) and Barbara 4 On. I make this Declaration on the basis of my own personal knowledge, except where otherwise 5 stated. If called to testify, I could and would testify truthfully and competently to the facts stated 6 herein. 7 2. I am a physician licensed to practice medicine in the State of California. I 8 specialize in dermatology. 9 3. I worked personally as a physician employee of Dr. Donald F. Richey, M.D. from 10 approximately August of 2011 until October of 2012. 11 4. I am the sole shareholder of KHI, which is a California professional corporation. 12 5. On or around November 8, 2012, KHI became an equal partner in North Valley SAN FRANCISCO, CA 94111-3598 SHARTSIS FRIESE LLP ONE MARITIME PLAZA EIGHTEENTH FLOOR 13 Dermatology Center with Donald F. Richey, M.D., Inc. (“DRI”), Stephen A. Vannucci, M.D., Inc 14 (“SAVI”), and F. Paul Sajben, M.D., a Professional Corporation (“PSI”). 15 6. I am aware that Petitioners instituted legal proceedings with respect to On’s 16 employment between October 1, 2010 and July 2, 2013 (the “On Claim Period”). 17 7. At no point during or prior to the On Claim Period did I personally have any 18 knowledge regarding the particulars of On’s employment arrangement, other than that the 19 arrangement was with SAVI, that SAVI supervised On, and that SAVI collected a supervisor fee 20 from On that was in the range of approximately $100,000 per year. At no point during or prior to 21 the On Claim Period did I personally have input into On’s employment arrangement. 22 8. It is my understanding that at no point during or prior to the On Claim Period did 23 KHI have any knowledge regarding the particulars of On’s employment arrangement, other than 24 that the arrangement was with SAVI, that SAVI supervised On, and that SAVI collected a 25 supervisor fee from On that was in the range of approximately $100,000 per year. It is my 26 understanding that at no point during or prior to the On Claim Period did KHI have input into 27 On’s employment arrangement. 28 -1- Case No. DECLARATION OF DR. KAFELE T. HODARI, M.D. ISO KHI’S 19CV03856 OPPOSITION TO MOTION TO AMEND JUDGMENT 9. KI-II had no reason to ask further about the details ofOn’s employment, because under the terms of the NVDC partnelship agreement each partner’s practice was basically maintained separately om the othem. Bach doctor’s professional corporation managed and was responsible for its own stam including physicians assistants like On, and only shared certain common administrative expenses. Ideclare under penalty ofperjury under the laws ofthe sme of California that the fmegoing i, . is true and correct, and that this Declaration was executed on May 2020 at ‘C O California. 8681431 DR. L T. 4f):— 9411 14598 SHARTSISFRIESELLP ONEMARHMPLAZA m SAN FRANCISCD. CA Hm}! 26 27 28 . -2 - Case No. DECLARATION 0F DR KAFELE T. HODARI, MD. ISO KHI’S l9CV03 856 OPPOSITION TO MOTION T0 AMEND JUDGMENT