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Feb-02-2007 3:30 pm
Case Number: PTR-05-287341
Filing Date: Feb-02-2007 3:30
Juke Box: 001 Image: 01670706
DECLARATION
RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES ACTIS/CONSOLIDATED Wr
001P01670706
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SPELLMAN & MITCHELL
DEAN M. SPELLMAN, #060042
ROBERT B. MITCHELL, #074795
1850 Mt. Diablo Bivd., Ste. 670
Walnut Creek, California 94596-4407
Telephone: (925) 938-5880
Attomey for CAROL MITCHELL
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San Franriser Canes @nnerior Court
FEB 0 2 2007
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
IN RE REVOCABLE LIVING TRUST
AGREEMENT OF CHARLES ACTIS
DATED NOVEMBER 2, 2004, AND WILL
DATED NOVEMBER 2, 2004
CAROL MITCHELL,
Petitioner,
vs.
EVA V. KNOTT, Trustee and Beneficia’
under the REVOCABLE LIVING TRUS’
AGREEMENT OF CHARLES ACTIS
DATED 11/2/04, NICHOLAS FERRERO,
a minor and a will and trust beneficiary
and NATALIE FERRERO, a minor and a
will and trust beneficiary,
Respondents.
1, ROBERT B. MITCHELL, declare:
Case Number PTR-05-287341
DECLARATION OF ROBERT B.
MITCHELL IN SUPPORT OF MOTION
FOR ORDER DIRECTING
COMPLIANCE WITH SUBPOENA,
ALTERNATIVELY EXCLUDING THE
TESTIMONY OF CHANTAY ALLMOND
AND FOR EXPENSES OF THE MOTION
Date: March 1, 2007
Time: 10:30 a.m.
Room No: 612
Filing Date: June 2, 2005
Judge: Commissioner Everett A. Hewlett
Trial Date: April 9, 2007:
1. lam an attorney at law duly admitted to practice before all the courts of
the State of Califomia and the attorney of record herein for Petitioner, CAROL
MITCHELL.
DECLARATION OF ROBERT B. MITCHELL IN SUPPORT
OF MOTION FOR ORDER DIRECTING COMPLIANCE
WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE
TESTIMONY OF CHANTAY ALLMOND AND FOR
EXPENSES OF THE MOTIONo OY DN HO B® WN
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2. On October 15, 2006, lissued a subpoena in the above-entitled cause
and same was served on CHANTAY ALLMOND as a witness on behalf of Respondent,
EVA KNOTT. Said deposition was set for November 16, 2006. A copy of the subject
subpoena and proof of service thereof is attached hereto and marked as Exhibit “A” and
“B", respectively.
Relevance Of Ms. Allmond's Testimony
3. That Chantay A!lmond is being deposed as a result of her being identified
by Respondent as a witness in this matter. Further, said Chantay Altmond executed a
declaration which purports to be favorable to Respondent's position in this matter and
which has been offered to the San Francisco Probate Court on two (2) separate
occasions in support of Respondent's defense to the herein pending action. A copy of
said declaration is attached hereto and marked as Exhibit “C”.
Request Of Ms. Allmond For Continuance Of Her Deposition
4, Following service of said subpoena, | forwarded a letter to Ms. Allmond,
dated November 6, 2006, reminding her of her deposition. A copy of said letter is
attached hereto and marked as Exhibit “D".
5. On November 10, 2006, Ms. Allmond teft a message on our office's
answering service wherein she stated that she is taking care of her terminally ill mother,
that things are very hectic at her home, that she is on a leave of absence from Kaiser
Permanente Hospital, and that she could not attend her deposition on November 16,
2006.
6. That in response thereto, | had a telephone conversation in which Ms.
Allmond stated that we would need to continue her deposition to a future date due to
her needs and that | would need to contact the Legal Department of Kaiser Permanente
and arrange with them for her deposition.
DECLARATION OF ROBERT 8. MITCHELL IN SUPPORT
OF MOTION FOR ORDER DIRECTING COMPLIANCE
WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE
TESTIMONY OF CHANTAY ALLMOND AND FOR
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Contact With Kaiser Permanente Lega! Department Pursuant To Request Of Ms,
Allmond
7, That as a result thereof, | contacted Kaiser Permanente Legal
Department and was advised that they would not participate in the deposition of Ms.
Allmond. Consequently, | contacted Ms. Allmond directly and requested that she select
a convenient date in mid-December for her deposition. A copy of said letter is attached
hereto and marked as Exhibit “E”
8. That on the same date of the aforementioned letter to Chantay Allmond, |
forwarded to Kaiser Medica! Legal Department a letter in which | confirmed our
telephone conversation of November 20, 2006, wherein Kaiser indicated that they
would not participate in the deposition of Chantay Allmond, and | informed Kaiser that |
would deal directly with Allmond and make full inquiry of Ms. Allmond as to her contacts
with decedent, Charles Actis, a former patient of Kaiser Permanente. A copy of said
letter is attached hereto and marked as Exhibit “F”.
9. Subsequent thereto, I received a telephone message from Kaiser
Permanente Legal Department in which they informed me that they would now
participate in the deposition of Chantay Allmond and in this regard, they requested that
I take the deposition at Kaiser Permanente, San Francisco location, and that a fee of
$175.00 per hour for Ms. Allmond’s testimony be paid.
10. That in response thereto, | forwarded a letter to Kaiser Permanente
advising them that | would accommodate their request that the deposition to take place
at their facility but that | would not pay their requested fee, but rather only a statutory
fee. In addition, | requested that they obtain a deposition date from their employee ona
date some time in early or mid-January of 2007. A copy of said letter is attached hereto
and marked as Exhibit “G”.
11. OnDecember 6, 2006, our office received a telephone message from
Kaiser Permanente in which they informed me that they would contact Ms. Allmond and
DECLARATION OF ROBERT B. MITCHELL IN SUPPORT
OF MOTION FOR ORDER DIRECTING COMPLIANCE
WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE
TESTIMONY OF CHANTAY ALLMOND AND FOR
EXPENSES OF THE MOTIONwow od nA WF Ww nH PF
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obtain from her a deposition date. The following is a transcript of that telephone
message:
December 6, 2006 at 5:20 pm
“Hi, this is a message for attorney Robert Mitchell, this is Maggie from Medical
Legal Kaiser San Francisco. We just wanted to leave him a brief message that we did
get his fax regarding the scheduling of one of the providers here at Kaiser San
Francisco, that’s Ms. Chantay Allmond, regarding.. She's our home care nurse here,
regarding the case of Charles Actis, our Kaiser number 03057007. And we just wanted
to inform Mr. Mitchell that we were going to get in touch with Ms. Allmond to find out her
availability cuz it looks like Mr. Mitchell wants to take a deposition fora date in January,
early to mid-January of next year. So, I'll give Mr. Mitchell a call as soon as we
schedule. What we'll do is we'll connect with Ms. Allmond to find out the best time, the
best date and time for her and then we'll call back Mr. Mitchel! regarding the deposition
and also we'll let him know the location also. Thank you and this is Maggie at 415-833-
3768, Thanks, bye.
12. That having received no communication from Kaiser Permanente as to a
deposition date for Chantay Allmond, | again forwarded to Kaiser Permanente on
December 28, 2006, another letter requesting a deposition date for Ms. Almond. A
copy of this letter is attached hereto and marked as Exhibit “H”.
13. Thaton January 5, 2007, | forwarded another letter to Kaiser Permanente
confirming a message that | left with Kaiser Permanente Medical Legal Department
requesting an update of their contact with Chantay Allmond and the importance of
setting the deposition as soon as possible. A copy of said letter is attached hereto and
marked as Exhibit “I”.
14. That on January 5, 2007, at 6:45 p.m. Maggie DeGuzman from Kaiser
Medica! Legal Department left a message on our answering service stating that she
received my fax that date and that she had left a message for Chantay Allmond on
December 6, 2006, and on January 2, 2007, requesting that Ms. Allmond telephone
Maggie back with possible deposition dates. As of January 5, 2007, Ms. DeGuzman
stated that she had not yet heard from Ms. Allmond but that she would keep me posted.
15. That | have not heard anything further from Kaiser Permanente or
Chantay Allmond and it is imperative that Ms. Allmond's deposition take place as soon
as possible because the discovery cutoff date for this matter is March 9, 2007.
DECLARATION OF ROBERT B. MITCHELL IN SUPPORT
OF MOTION FOR ORDER DIRECTING COMPLIANCE
WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE
TESTIMONY OF CHANTAY ALLMOND AND FOR
EXPENSES OF THE MOTIONeo ort nA NW eF Wn PB
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Attomey's Fees and Costs
16. | Thatin connection with this matter, | have expended a total of 2.8 hours in
preparing the within motion and gathering the related exhibits thereto. 1 expect to
expend an additional 3.6 hours reviewing opposition hereto, preparing a reply and
attending the hearing.
17. That a reasonable hourly rate in connection with this matter is $300.00
and | request sanctions in the amount of $1,960.00 which includes reimbursement for
the hearing fee of $40.00.
| declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct, and that this declaration was executed on January 30,
2007, at Walnut Creek, California.
Dated: January 30, 2007
OBERT B. MITCHELL, Attorney for
Petitioner, CAROL MITCHELL
DECLARATION OF ROBERT B. MITCHELL IN SUPPORT
OF MOTION FOR ORDER DIRECTING COMPLIANCE
WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE
TESTIMONY OF CHANTAY ALLMOND AND FOR
EXPENSES OF THE MOTIONLegal Tabs Co, 1-800-322-3022
Recycled (23) Stock # EXASB
EXHIBIT A f* : 982(a)(15.4)
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sa__ Jar number, anc address): FOR COURT USE ONLY
+- DEAN M. SPELLMAN 060042
| ROBERT B. MITCHELL 074795
| -14850 Mt. Diablo Blivd., Ste. 670
i alnut Creek, CA 94596
ieverHoneno.: 925-938-5880 FAXNO. (Options): 925-938-5882
E-MAIL ADORESS (Optonal}:
ATTORNEY FOR (Name): CAROL MITCHELL
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
street aporess:400 McAllister St.
MAILING ADDRESS.
cryanozecoo:: San Francisco, CA 94102
BRANCH NAME:
PETITIONER: CAROL MITCHELL
RESPONDENT: EVA V. KNOTT
DEPOSITION SUBPOENA CASE NUMBER:
FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS| PTR 05-287341
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known)
CHANTAY ALLMOND, 21 Shelborne Avenue, Daly City, CA 94015 (415) 368-1863
1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place:
Date: Nov. 16, 2006 Time: 10:00 a.m. Address: 1850 Mt. Diablo Blvd., Ste.
670, Walnut Creek, CA 94596
a. (2) Asa deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as
to the matters described in item 4. (Code Civ. Proc., § 2025.220 (a6).
b. (&) You are ordered to produce the documents and things described in item 3.
c. [CJ This deposition wilt be recorded stenographically CC] through the instant visual display of testimony,
andby ([C) audiotape (C) videotape.
. (CJ This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d).
‘The personal attendance of the custodian or other qualified witness and the production of the original records are required by this
subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient comptiance
with this subpoena.
3. The documents and things to be produced and any testing or sampling being sought are described as follows:
See "Attachment 3" attached hereto.
C1 Continued on Attachment 3.
4. Ifthe witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described
as follows:
{2} Continued on Attachment 4.
5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN
SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE
AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.
6. Al the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition;
later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you
sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at
the oplion of the party giving notice of the deposition, either with service of this subpoena or at the lime of the deposition.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT, YOU WILL ALSO BE LIABLE
FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL Use RESULTING FROM YOUR FAILURE TO OBEY.
Date issued: October 11, 2006
RT_B, -MUTCHELL sep
”|fYPE OR PRINT NAME) 7 See i ‘OF PERSON ISSUING SULPG@ENA)
Attorney for “petitioner
(TITLE)
(Proof of service on reverse)
Fe Adopted ex ese | DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE seo eRe,
ebaonisayinew doy #a (2) 5 uetvany |. __ AND PRODUCTION OF DOCUMENTS AND THINGS “Govarnmen! Code, § 68097 1
EsstuTtad FORM ACTIS, CHARLES
EXHEBIT “A”us C C
v) ACTIS, CHARLES San Francisco County Superior Court
Case No. PTR-05-287341
ATTACHMENT 3
TO DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS -
CHANTAY ALLMOND
1. Any and all documents which in any way relate to Charles Actis, including, but
not limited to, notes, letters, memorandums, telephone messages, pleadings,
depositions, video tapes, audio tapes, reports, checks, bank records, etc.
2. Any and all documents which in any way relate to Eva Knott, including, but not
limited to, notes, letters, memorandums, telephone messages, pleadings, depositions,
video tapes, audio tapes, reports, checks, bank records, etc.Logal Tabs Co. 1-900-322-3022 Recycled BB Stock #BXCAS8
EXHIBIT B fC C
I PLAINTIFFIPETITIONER: CAROL MITCHELL CASE MMDER.
‘JS
PTR 05-287341
DEFENDANT/RESPONDENT: EVA V. KNOTT
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGS
1. I served this Deposition Subpoena for Personal Appearance and Production of Documents and Things by personally delivering a
copy to the person served as follows:
a. Person served (name): Chantay Allmond
b, Address where served: 21 Shelborne Ave.
Daly City, CA 94014
©. Date of delivery: 10/15/06
d. Time of detivery: 11:00 AM
e. Witness fees and miteage both ways (check one
(1) (2) were paid. Amount: -$
(2) (2) were nat paid.
(3) [) _ were tendered to the witness's
public entity employer as
required by Government Code
‘section 68097.2. The amount
tendered was (specify): ..
gg tT received this subpoena for service on (date): 10/11/06
3. Person serving:
a. (2) Nota registered California process server.
b. (] Califomia sheriff or marshal,
a Registered California process server.
d. [1 Employee or independent contractor of a registered California process server.
e. [_] Exempt from registration under Business and Professions Code section 22350(b).
t. (7) Registered professionat photocopier.
g. [_] Exempt from registration under Business and Professions Code section 22451.
h. Name, address, telephone number, and, if applicable, county of registration and number.
George S. Dempsey dba HeadRanger Transport
3231 Susan Drive, San Bruno, CA 94066
650-738-1252
San Mateo County #348
I dectare under penalty of perjury under the laws of the State of (For California sheriff or marshal use onty)
Califomia that the foregoing Is true and correct. I certify that the foregoing is true and correct.
Date: “C4 Date:
» (JK
TINTS =
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DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE Page two
AND PRODUCTION OF DOCUMENTS AND THINGS
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DAVID J. FRIEDEN, -G, ESQ. A
SBN 25026 “
2171 Junipero Serra Blvd., Ste. 620
Daly City, CA 94014
Telephone: (650) 755-6622
Facsimile: (650) 755-4312
Attomey for Respondent
EVA KNOTT
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
IN RE REVOCABLE LIVING TRUST
AGREEMENT OF CHARLES ACTIS
DATED NOVEMBER 2, 2004, AND
WILL DATED NOVEMBER 2, 2004
Case No. PTR-05-28734]
DECLARATION OF CHANTAY
ALLMOND
CAROL MITCHELL,
Petitioner,
ve
EVA KNOTT, Trustee and Beneficiary
under the REVOCABLE LIVING TRUST
AGREEMENT OF CHARLES ACTIS
DATED 11/2/04, NICHOLAS FERRERO,
a minor and a will and trust beneficiary
end NATALIE FERRERO, a minor and a
wii atid trust beneficiary,
: Respo pondénis.
Le ee
.
1; CHANTAY ALLMOND, do hereby declare as follows:
1, That lama registered nurse,
2. That approximately one year ago I was assigned by Kaiser Hospital as a "home care
nurse" for Charles Actis. I went to his residence in San Francisco almost daily to treat
him for his foot. This continued until Mr. Actis went back to Kaiser Hospital in April,
2005.
1 .
DECLARATION OF CHANTAY ALLMOND
EXaIT “C”w
oS om AW oe
ue
That on mun yeason Thad lunch with Mr, ack 40 told me that he did not want
anything to do ‘with his family and did not want to leave them anything. He told me that
his brother was a "liar" and that he had previously given his family money for his care and
he felt they mistreated him. He was concemed that ifsomething happened to him Eva
would not be in charge of him and his Property,
2 mo
DECLARATION OF CHANTAY ALLMONDLegal Tabs Co. 1-800-322-3022 - : Recyded Stocks ASB
EXHIBIT D Joo
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SPELLMAN & MITCHELL
ATTORNEYS AT LAW
1850 AIT. DIABLO BLVD. SUITE 670
DEAN M. SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4407 (925) 938-5880
ROBERT 8, MITCHELL Fax (925) 938-5882
E-Afail: SPMILAW@SBCGLOBAL.NET
November 6, 2006
CHANTAY ALLMOND
21 Shelborne Avenue
Daly City, CA 94015
Re: Mitchell v. Knott
Dear Ms. Allmond:
As you know, your deposition is scheduled for November 16, 2006, at 10:00
a.m. and itis the intent of this letter to confirm this date with you. Additionally, 1 would
like to advise you that should you be unable to attend your deposition on the above date,
please telephone me immediately so that we may reschedule same to a mutually
convenient date. Prompt notification of your need to continue your deposition will allow
me to timely cancel the court reporter and advise all persons who will be attending your
deposition of a new date. Again, should you need to reschedule your deposition, please
notify me promptly.
A number of persons have contacted me and made inquiry as to why these
depositions are taking place. In response, | inform them that the only reason your
deposition is being taken is that Ms. Eva Knott has indicated to me that she may be
calling you as a witness in connection with the above captioned matters. It is for this
reason, and this reason alone, that | have noticed your deposition. Should | receive any
information from Ms. Knott’s attomeys that she will not call you as a witness at the
upcoming trial, there will be no need to depose you and | will immediately advise you of
that fact.
Should you have any questions in connection with this matter, please do not
hesitate to telephone me.
Sincerely,
ROBERT B. MITCHELL
RBM:cg
EXMIBIT “Dp”Legal Tabs Co, 1-800-322-3022 Recyced & Stock # EXA-5-B
EXHIBIT E fC SPELLMAN & MITCHELL €
ATTORNEYS ATLAW
1850 MT. DIABLO BLVD., SUITE 670
DEAN M, SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4207 (925) 938-5880
ROBERT 8. MITCHELL Fax (925) 938-5382
E-Mail: SPMILAW@SBCGLOBALNET
November 21, 2006
CHANTAY ALLMOND
21 Shelborne Avenue
Daly City, CA 94015
Re: Mitchell v. Knott
Dear Ms. Allmond:
t have contacted the Kaiser Permanente Legal Department and | was advised
that they will not participate in your deposition under the subpoena which was previously
served. | enclose herewith a copy of my letter to Kaiser Permanente and same is
forwarded to you for your reference.
As a result of information received from Kaiser Permanente, it is necessary that
we reschedule your deposition to mid-December and | forward this letter to you
requesting that you telephone me at your earliest convenience so that we may schedule
a date and time most convenient to you.
Please telephone as soon as possible.
incerely,
Jy S82 WRence
OBERT B. MITCHELL
RBM:cg
Enclosure
EXHIBIT “E”C
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EXHIBIT F f€ SPELLMAN & MITCHELL €
ATTORNEYS AT LAW
4850 MT, DIABLO BLVD., SUITE 670
DEAN M, SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4407 (925) 938-5880
ROBERT B. MITCHELL Fax (925) 938-5882
E-Mail: SPMILAW@SBCGLOBALNET
November 21, 2006
KAISER MEDICAL LEGAL
Attn: Maggie Deguzman
350 St. Joseph Street
San Francisco, CA 94115
Re: Mitchell v. Knott
Third Party Action
Your Former Patient: Charles Actis (deceased)
Kaiser Patient No. 03057007
Dear Ms. Deguzman:
This will confirm our telephone conversation of yesterday wherein | explained to
you the situation regarding petitioner's desire to depose Chantay Allmond, a nurse
formerly employed by Kaiser Permanente.
As | explained to you, Ms. Allmond signed a declaration on behalf of Eva Knott in
connection with the above-captioned matter and regarding her contact with Charles
Actis. Ms. Allmond informed me in a telephone conversation that the information
contained in the subject declaration was limited to Ms. Allmond's “personal” contact with
Mr. Actis and not her contact on a “professional” level.
| informed Ms. Allmond that inquiry may be made of her regarding information she
received from Mr. Actis in her “professional” capacity and in response, Ms. Allmond
informed me that arrangements would have to be made through your department as to
Ms. Allmond’s deposition.
In our telephone conversation of yesterday, | informed you that it is my
understanding that Ms, Allmond is no longer employed by Kaiser and in response, you
informed me that with that being the case, Kaiser will not be involved in any deposition
regarding Ms. Allmond.
Also, it is my understanding from our telephone conversation that while Ms.
Allmond has contacted you in connection with this matter and represented that she
would be forwarding documents to you, it is my understanding that as of yesterday, you
have received no such documents.
As a result of our telephone conversation of yesterday, | will be contacting Ms.
Allmond to arrange for her deposition at this office with the notation that I will certainly be
EXHIBIT “ F®ep
KAISER MEDICAL Goan €
Attn: Maggie Deguzman
November 21, 2006
Page 2
asking Ms. Allmond questions regarding the declaration that she executed on behalf of
Ms. Knott but also, my inquiry will expand to all of her contacts with Mr. Actis and Ms.
Knott.
incerely,
\
ROBERT B. MITCHELL
RBM:cg
cc: Chantay AllmondLegat Tabs Co. 1-800-322-3022
Recycled eG) Slock EXA-S-B
EXHIBIT G fiC SPELLMAN & MITCHELL C
ATTORNEYS AT LAW
. 1850 MT. DIABLO BLYD., SUITE 670 .
DEAN M. SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4407 (925) 938-5880
ROBERT B, MITCHELL Fax (925) 938-5882
E-Mail: SPMILAW@SBCGLOBAL.NET
December 5, 2006
KAISER PERMANENTE MEDICAL LEGAL DEPT.
Attn: Maggie Deguzman
350 St. Joseph Street
San Francisco, CA 94115
VIA FAX (415) 833-3071 - HARD COPY TO FOLLOW
. Re: Mitchell v. Knott
Third Party Action .
Your Former Patient: Charles Actis (deceased)
Kaiser Patient No. 03057007
Dear Ms, Deguzman:
As you wil! recall, we have had a number of telephone conversations regarding
my deposition subpoena served upon Chantay Allmond and the fact that she signed a
declaration in connection with the above-named patient.
I have received your telephone message of November 28, 2006, requesting that
the deposition of Ms. Allmond take place in your conference room in San Francisco.
You also requested a fee of $175.00 per hour for Ms. Allmond’s testimony.
Enclosed herewith please find a copy of the subpoena which was served upon
Ms. Allmond. The deposition date was continued at the request of Ms. Allmond and itis
now our desire to schedule that deposition for a date in early to mid-January of 2007.
At this point in time, we are prepared to accommodate your request that the
subject deposition take place in San Francisco. However, Ms. Allmond is a percipient
witness and has signed a declaration evidencing the fact that she is being presented as
a percipient witness. Consequently, she is entitled to and will be paid the statutory
witness fee of $35.00 plus $.20 per mile. Should you believe that Ms. Allmond Is entitled
to a fee beyond the statutory fee, please advise me immediately with appropriate legal
authority supporting your contention.
Please contact me within ten (10) days of the date of this letter so that we may
set the date and time for Ms. Allmond’s deposition.
EXHIBIT “¢ #KAISER PERMANENTE MEDICAL LEGAL DEPT. C
Attn: Maggie Deguzman
December 5, 2006
Page 2
As always, should you have any questions in connection with this matter, please
do not hesitate to telephone me.
Sincerely,
ROBERT B. MITCHELL
RBM:cg
EnclosureLegal Tabs Co, 1-800:322-2022 Recyced LD stork FEXAS
EXHIBIT H fi“
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SPELLMAN & MITCHELL
ATTORNEYS AT LAW
4850 MT. DIABLO BLVD., SUITE 670
DEAN M, SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4407 : (925) 933-5880
ROBERT B, MITCHELL Fax (925) 938-5882
E-Mail: SPHILAW@SBCGLOBAL.NET
December 28, 2006
KAISER PERMANENTE MEDICAL LEGAL DEPT.
Attn: Maggie Deguzman
350 St. Joseph Street
San Francisco, CA 94115
VIA FAX (415) 833-3071 - HARD COPY TO FOLLOW
Re: Mitchell v. Knott
Third Party Action
Your Former Patient: Charles Actis (deceased)
Kaiser Patient No. 03057007
Dear Ms. Deguzman:
You will recall that in connection with our last correspondence in connection with
the above captioned matter, you represented that you would be obtaining an acceptable
. deposition date for Chantay Allmond. As you know, it is my desire to depose Ms.
Allmond in early to mid January, 2007.
itis the intent of this letter to inquire of you as to the current status of this matter
and whether or not you have obtained a selection of deposition dates for Ms. Allmond.
Please notify me as soon as possible.
icerely,
ROBERT B. MITCHELL
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. SPELLMAN & MITCHELL ©
ATTORNEYS AT LAW
1850 MT. DIABLO BLVD. SUITE 670
DEAN M. SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4407 (925) 938-5880
ROBERT B. MITCHELL Fax (925) 938-5882
E-Mail: SPMILAW@SBCGLOBAL.NET
January 5, 2007
KAISER PERMANENTE MEDICAL LEGAL DEPT.
Attn: Maggie Deguzman
350 St. Joseph Street
San Francisco, CA 94115
VIA FAX (415) 833-3071 - HARD COPY TO FOLLOW
Re: Mitchell v. Knott
Third Party Action
Your Former Patient: Charles Actis (deceased)
Kaiser Patient No. 03057007
Dear Ms. Deguzman:
This will confirm my telephone message to your office earlier this week wherein in
response to your telephone message, ! requested that you again attempt to contact Ms.
Allmond in order to make arrangements for her deposition. It is imperative that this
deposition take place as soon as possible.
Consequently, | await information from your office regarding the date for this
deposition.
Sincerely,
ROBERT B. MITCHELL
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SPELLMAN & MITCHELL
DEAN M. SPELLMAN, #060042
ROBERT B. MITCHELL, #074795
1850 Mt. Diablo Blvd., Ste. 670
Walnut Creek, California 94596-4407
Telephone: (925) 938-5880
Attomey for CAROL MITCHELL
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
IN RE REVOCABLE LIVING TRUST
AGREEMENT OF CHARLES ACTIS
DATED NOVEMBER 2, 2004, AND WILL
DATED NOVEMBER 2, 2004
CAROL MITCHELL,
Petitioner,
vs.
EVA V. KNOTT, Trustee and Beneficiary
under the REVOCABLE LIVING TRUS’
AGREEMENT OF CHARLES ACTIS
DATED 11/2/04, NICHOLAS FERRERO,
a minor and a will and trust beneficiary
and NATALIE FERRERO, a minor and a
will and trust beneficiary,
Respondents.
Case Number PTR-05-287341
[Proposed] ORDER DIRECTING
COMPLIANCE WITH SUBPOENA,
ALTERNATIVELY EXCLUDING THE
TESTIMONY OF CHANTAY ALLMOND
AND FOR EXPENSES OF THE MOTION
Hearing Date: March 1, 2007
The motion of Petitioner, CAROL MITCHELL, for an order enforcing subpoena
and for expenses of the motion came on regularly for hearing by the court on March 1,
2007. Petitioner appeared by counsel ROBERT B. MITCHELL; Respondent, EVA
KNOTT, appeared by counsel Michael G. Zatkin.
On proof made to the satisfaction of the court that the motion should be granted,
[Proposed] ORDER DIRECTING COMPLIANCE WITH
SUBPOENA, ALTERNATIVELY EXCLUDING THE
TESTIMONY OF CHANTAY ALLMOND AND FOR
EXPENSES OF THE MOTION
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IT IS HEREBY ORDERED that the subpoena served on CHANTAY ALLMOND
on October 15, 2006, to compel the attendance of CHANTAY ALLMOND ata
deposition on November 16, 2007, with certain things be complied with on the following
terms:
CHANTAY ALLMOND is hereby ordered to appear for her deposition on March
7, 2007, at 10:00 a.m. at the Law Offices of Spellman & Mitchell located at 1850
Mt. Diablo Blvd., Suite 670, Walnut Creek, California, and to produce any and all
documents identified in that certain Deposition Subpoena served on her and
which required her attendance at her deposition on November 16, 2006.
IT 1S HEREBY FURTHER ORDERED that in the event CHANTAY ALLMOND
fails to fully comply with the order of this court as set forth above, the testimony and/or
any declaration of CHANTAY ALLMOND is hereby excluded from the trial and any
further proceedings in this matter.
IT IS HEREBY FURTHER ORDERED that CHANTAY ALLMOND pay to
Petitioner CAROL MITCHELL the sum of $. as reasonable costs,
expenses and attorney's fees.
Dated: March ___, 2007.
The Honorable EVERETT A. HEWLETT, JR.,
Commissioner of the San Francisco County
Superior Court
APPROVED AS TO FORM
George King, Attomey for Respondent
Dated: March __,. 2007
[Proposed] ORDER DIRECTING COMPLIANCE WITH
SUBPOENA, ALTERNATIVELY EXCLUDING THE
TESTIMONY OF CHANTAY ALLMOND AND FOR
EXPENSES OF THE MOTION
Preview
HG San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Feb-02-2007 3:30 pm Case Number: PTR-05-287341 Filing Date: Feb-02-2007 3:30 Juke Box: 001 Image: 01670706 DECLARATION RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES ACTIS/CONSOLIDATED Wr 001P01670706 Instructions: Please place this sheet on top of the document to be scanned.wo oO WY A Ww B® WN BP NNN NY NY NY KH NN FP BPP BP BP BP FP BP PB od ane ON FP Gb OA DU B® WN HP DS SPELLMAN & MITCHELL DEAN M. SPELLMAN, #060042 ROBERT B. MITCHELL, #074795 1850 Mt. Diablo Bivd., Ste. 670 Walnut Creek, California 94596-4407 Telephone: (925) 938-5880 Attomey for CAROL MITCHELL i ib San Franriser Canes @nnerior Court FEB 0 2 2007 on ORL pope Clerk . 7 Duouty Cier< IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES ACTIS DATED NOVEMBER 2, 2004, AND WILL DATED NOVEMBER 2, 2004 CAROL MITCHELL, Petitioner, vs. EVA V. KNOTT, Trustee and Beneficia’ under the REVOCABLE LIVING TRUS’ AGREEMENT OF CHARLES ACTIS DATED 11/2/04, NICHOLAS FERRERO, a minor and a will and trust beneficiary and NATALIE FERRERO, a minor and a will and trust beneficiary, Respondents. 1, ROBERT B. MITCHELL, declare: Case Number PTR-05-287341 DECLARATION OF ROBERT B. MITCHELL IN SUPPORT OF MOTION FOR ORDER DIRECTING COMPLIANCE WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE TESTIMONY OF CHANTAY ALLMOND AND FOR EXPENSES OF THE MOTION Date: March 1, 2007 Time: 10:30 a.m. Room No: 612 Filing Date: June 2, 2005 Judge: Commissioner Everett A. Hewlett Trial Date: April 9, 2007: 1. lam an attorney at law duly admitted to practice before all the courts of the State of Califomia and the attorney of record herein for Petitioner, CAROL MITCHELL. DECLARATION OF ROBERT B. MITCHELL IN SUPPORT OF MOTION FOR ORDER DIRECTING COMPLIANCE WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE TESTIMONY OF CHANTAY ALLMOND AND FOR EXPENSES OF THE MOTIONo OY DN HO B® WN RM NM NHN NHN KY NY FP SF FP BP SB BP Be PP ortrian se O80 N FPF Ow OI DU B® WN PH OD C C 2. On October 15, 2006, lissued a subpoena in the above-entitled cause and same was served on CHANTAY ALLMOND as a witness on behalf of Respondent, EVA KNOTT. Said deposition was set for November 16, 2006. A copy of the subject subpoena and proof of service thereof is attached hereto and marked as Exhibit “A” and “B", respectively. Relevance Of Ms. Allmond's Testimony 3. That Chantay A!lmond is being deposed as a result of her being identified by Respondent as a witness in this matter. Further, said Chantay Altmond executed a declaration which purports to be favorable to Respondent's position in this matter and which has been offered to the San Francisco Probate Court on two (2) separate occasions in support of Respondent's defense to the herein pending action. A copy of said declaration is attached hereto and marked as Exhibit “C”. Request Of Ms. Allmond For Continuance Of Her Deposition 4, Following service of said subpoena, | forwarded a letter to Ms. Allmond, dated November 6, 2006, reminding her of her deposition. A copy of said letter is attached hereto and marked as Exhibit “D". 5. On November 10, 2006, Ms. Allmond teft a message on our office's answering service wherein she stated that she is taking care of her terminally ill mother, that things are very hectic at her home, that she is on a leave of absence from Kaiser Permanente Hospital, and that she could not attend her deposition on November 16, 2006. 6. That in response thereto, | had a telephone conversation in which Ms. Allmond stated that we would need to continue her deposition to a future date due to her needs and that | would need to contact the Legal Department of Kaiser Permanente and arrange with them for her deposition. DECLARATION OF ROBERT 8. MITCHELL IN SUPPORT OF MOTION FOR ORDER DIRECTING COMPLIANCE WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE TESTIMONY OF CHANTAY ALLMOND AND FOR EXPENSES OF THE MOTION© Ot Dn HO &® WwW DN hy MyM NM NY NY NY NN BP FP BP Be BP BP BP Be Pe ot aaese © N FP OC b&b OI DH B® ww NH HY TD Contact With Kaiser Permanente Lega! Department Pursuant To Request Of Ms, Allmond 7, That as a result thereof, | contacted Kaiser Permanente Legal Department and was advised that they would not participate in the deposition of Ms. Allmond. Consequently, | contacted Ms. Allmond directly and requested that she select a convenient date in mid-December for her deposition. A copy of said letter is attached hereto and marked as Exhibit “E” 8. That on the same date of the aforementioned letter to Chantay Allmond, | forwarded to Kaiser Medica! Legal Department a letter in which | confirmed our telephone conversation of November 20, 2006, wherein Kaiser indicated that they would not participate in the deposition of Chantay Allmond, and | informed Kaiser that | would deal directly with Allmond and make full inquiry of Ms. Allmond as to her contacts with decedent, Charles Actis, a former patient of Kaiser Permanente. A copy of said letter is attached hereto and marked as Exhibit “F”. 9. Subsequent thereto, I received a telephone message from Kaiser Permanente Legal Department in which they informed me that they would now participate in the deposition of Chantay Allmond and in this regard, they requested that I take the deposition at Kaiser Permanente, San Francisco location, and that a fee of $175.00 per hour for Ms. Allmond’s testimony be paid. 10. That in response thereto, | forwarded a letter to Kaiser Permanente advising them that | would accommodate their request that the deposition to take place at their facility but that | would not pay their requested fee, but rather only a statutory fee. In addition, | requested that they obtain a deposition date from their employee ona date some time in early or mid-January of 2007. A copy of said letter is attached hereto and marked as Exhibit “G”. 11. OnDecember 6, 2006, our office received a telephone message from Kaiser Permanente in which they informed me that they would contact Ms. Allmond and DECLARATION OF ROBERT B. MITCHELL IN SUPPORT OF MOTION FOR ORDER DIRECTING COMPLIANCE WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE TESTIMONY OF CHANTAY ALLMOND AND FOR EXPENSES OF THE MOTIONwow od nA WF Ww nH PF my NWR KR NK NYP BP BP BP BR BR RE ES PN ERR GSK F&F 6 © ea aH es WN FO C Cc obtain from her a deposition date. The following is a transcript of that telephone message: December 6, 2006 at 5:20 pm “Hi, this is a message for attorney Robert Mitchell, this is Maggie from Medical Legal Kaiser San Francisco. We just wanted to leave him a brief message that we did get his fax regarding the scheduling of one of the providers here at Kaiser San Francisco, that’s Ms. Chantay Allmond, regarding.. She's our home care nurse here, regarding the case of Charles Actis, our Kaiser number 03057007. And we just wanted to inform Mr. Mitchell that we were going to get in touch with Ms. Allmond to find out her availability cuz it looks like Mr. Mitchell wants to take a deposition fora date in January, early to mid-January of next year. So, I'll give Mr. Mitchell a call as soon as we schedule. What we'll do is we'll connect with Ms. Allmond to find out the best time, the best date and time for her and then we'll call back Mr. Mitchel! regarding the deposition and also we'll let him know the location also. Thank you and this is Maggie at 415-833- 3768, Thanks, bye. 12. That having received no communication from Kaiser Permanente as to a deposition date for Chantay Allmond, | again forwarded to Kaiser Permanente on December 28, 2006, another letter requesting a deposition date for Ms. Almond. A copy of this letter is attached hereto and marked as Exhibit “H”. 13. Thaton January 5, 2007, | forwarded another letter to Kaiser Permanente confirming a message that | left with Kaiser Permanente Medical Legal Department requesting an update of their contact with Chantay Allmond and the importance of setting the deposition as soon as possible. A copy of said letter is attached hereto and marked as Exhibit “I”. 14. That on January 5, 2007, at 6:45 p.m. Maggie DeGuzman from Kaiser Medica! Legal Department left a message on our answering service stating that she received my fax that date and that she had left a message for Chantay Allmond on December 6, 2006, and on January 2, 2007, requesting that Ms. Allmond telephone Maggie back with possible deposition dates. As of January 5, 2007, Ms. DeGuzman stated that she had not yet heard from Ms. Allmond but that she would keep me posted. 15. That | have not heard anything further from Kaiser Permanente or Chantay Allmond and it is imperative that Ms. Allmond's deposition take place as soon as possible because the discovery cutoff date for this matter is March 9, 2007. DECLARATION OF ROBERT B. MITCHELL IN SUPPORT OF MOTION FOR ORDER DIRECTING COMPLIANCE WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE TESTIMONY OF CHANTAY ALLMOND AND FOR EXPENSES OF THE MOTIONeo ort nA NW eF Wn PB we NM NY NY NY NY DH KN & BF FP BP BP Be BP Be eB ow aA Oo eB wWwNH PSY OD It DH UY B® WH FP DOD Attomey's Fees and Costs 16. | Thatin connection with this matter, | have expended a total of 2.8 hours in preparing the within motion and gathering the related exhibits thereto. 1 expect to expend an additional 3.6 hours reviewing opposition hereto, preparing a reply and attending the hearing. 17. That a reasonable hourly rate in connection with this matter is $300.00 and | request sanctions in the amount of $1,960.00 which includes reimbursement for the hearing fee of $40.00. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on January 30, 2007, at Walnut Creek, California. Dated: January 30, 2007 OBERT B. MITCHELL, Attorney for Petitioner, CAROL MITCHELL DECLARATION OF ROBERT B. MITCHELL IN SUPPORT OF MOTION FOR ORDER DIRECTING COMPLIANCE WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE TESTIMONY OF CHANTAY ALLMOND AND FOR EXPENSES OF THE MOTIONLegal Tabs Co, 1-800-322-3022 Recycled (23) Stock # EXASB EXHIBIT A f* : 982(a)(15.4) [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sa__ Jar number, anc address): FOR COURT USE ONLY +- DEAN M. SPELLMAN 060042 | ROBERT B. MITCHELL 074795 | -14850 Mt. Diablo Blivd., Ste. 670 i alnut Creek, CA 94596 ieverHoneno.: 925-938-5880 FAXNO. (Options): 925-938-5882 E-MAIL ADORESS (Optonal}: ATTORNEY FOR (Name): CAROL MITCHELL SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO street aporess:400 McAllister St. MAILING ADDRESS. cryanozecoo:: San Francisco, CA 94102 BRANCH NAME: PETITIONER: CAROL MITCHELL RESPONDENT: EVA V. KNOTT DEPOSITION SUBPOENA CASE NUMBER: FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS| PTR 05-287341 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known) CHANTAY ALLMOND, 21 Shelborne Avenue, Daly City, CA 94015 (415) 368-1863 1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place: Date: Nov. 16, 2006 Time: 10:00 a.m. Address: 1850 Mt. Diablo Blvd., Ste. 670, Walnut Creek, CA 94596 a. (2) Asa deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 4. (Code Civ. Proc., § 2025.220 (a6). b. (&) You are ordered to produce the documents and things described in item 3. c. [CJ This deposition wilt be recorded stenographically CC] through the instant visual display of testimony, andby ([C) audiotape (C) videotape. . (CJ This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d). ‘The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient comptiance with this subpoena. 3. The documents and things to be produced and any testing or sampling being sought are described as follows: See "Attachment 3" attached hereto. C1 Continued on Attachment 3. 4. Ifthe witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described as follows: {2} Continued on Attachment 4. 5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. 6. Al the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at the oplion of the party giving notice of the deposition, either with service of this subpoena or at the lime of the deposition. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT, YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL Use RESULTING FROM YOUR FAILURE TO OBEY. Date issued: October 11, 2006 RT_B, -MUTCHELL sep ”|fYPE OR PRINT NAME) 7 See i ‘OF PERSON ISSUING SULPG@ENA) Attorney for “petitioner (TITLE) (Proof of service on reverse) Fe Adopted ex ese | DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE seo eRe, ebaonisayinew doy #a (2) 5 uetvany |. __ AND PRODUCTION OF DOCUMENTS AND THINGS “Govarnmen! Code, § 68097 1 EsstuTtad FORM ACTIS, CHARLES EXHEBIT “A”us C C v) ACTIS, CHARLES San Francisco County Superior Court Case No. PTR-05-287341 ATTACHMENT 3 TO DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS - CHANTAY ALLMOND 1. Any and all documents which in any way relate to Charles Actis, including, but not limited to, notes, letters, memorandums, telephone messages, pleadings, depositions, video tapes, audio tapes, reports, checks, bank records, etc. 2. Any and all documents which in any way relate to Eva Knott, including, but not limited to, notes, letters, memorandums, telephone messages, pleadings, depositions, video tapes, audio tapes, reports, checks, bank records, etc.Logal Tabs Co. 1-900-322-3022 Recycled BB Stock #BXCAS8 EXHIBIT B fC C I PLAINTIFFIPETITIONER: CAROL MITCHELL CASE MMDER. ‘JS PTR 05-287341 DEFENDANT/RESPONDENT: EVA V. KNOTT PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 1. I served this Deposition Subpoena for Personal Appearance and Production of Documents and Things by personally delivering a copy to the person served as follows: a. Person served (name): Chantay Allmond b, Address where served: 21 Shelborne Ave. Daly City, CA 94014 ©. Date of delivery: 10/15/06 d. Time of detivery: 11:00 AM e. Witness fees and miteage both ways (check one (1) (2) were paid. Amount: -$ (2) (2) were nat paid. (3) [) _ were tendered to the witness's public entity employer as required by Government Code ‘section 68097.2. The amount tendered was (specify): .. gg tT received this subpoena for service on (date): 10/11/06 3. Person serving: a. (2) Nota registered California process server. b. (] Califomia sheriff or marshal, a Registered California process server. d. [1 Employee or independent contractor of a registered California process server. e. [_] Exempt from registration under Business and Professions Code section 22350(b). t. (7) Registered professionat photocopier. g. [_] Exempt from registration under Business and Professions Code section 22451. h. Name, address, telephone number, and, if applicable, county of registration and number. George S. Dempsey dba HeadRanger Transport 3231 Susan Drive, San Bruno, CA 94066 650-738-1252 San Mateo County #348 I dectare under penalty of perjury under the laws of the State of (For California sheriff or marshal use onty) Califomia that the foregoing Is true and correct. I certify that the foregoing is true and correct. Date: “C4 Date: » (JK TINTS = eayrs ype, aft 2008) PROOF OF SERVICE DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE Page two AND PRODUCTION OF DOCUMENTS AND THINGS EXEESIT “frLegal Tabs Co, 1-900-922-9022 Recyted GH Sioa EXASEx 16 Oo oN DH Bw LD wD oO “stor DAVID J. FRIEDEN, -G, ESQ. A SBN 25026 “ 2171 Junipero Serra Blvd., Ste. 620 Daly City, CA 94014 Telephone: (650) 755-6622 Facsimile: (650) 755-4312 Attomey for Respondent EVA KNOTT SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES ACTIS DATED NOVEMBER 2, 2004, AND WILL DATED NOVEMBER 2, 2004 Case No. PTR-05-28734] DECLARATION OF CHANTAY ALLMOND CAROL MITCHELL, Petitioner, ve EVA KNOTT, Trustee and Beneficiary under the REVOCABLE LIVING TRUST AGREEMENT OF CHARLES ACTIS DATED 11/2/04, NICHOLAS FERRERO, a minor and a will and trust beneficiary end NATALIE FERRERO, a minor and a wii atid trust beneficiary, : Respo pondénis. Le ee . 1; CHANTAY ALLMOND, do hereby declare as follows: 1, That lama registered nurse, 2. That approximately one year ago I was assigned by Kaiser Hospital as a "home care nurse" for Charles Actis. I went to his residence in San Francisco almost daily to treat him for his foot. This continued until Mr. Actis went back to Kaiser Hospital in April, 2005. 1 . DECLARATION OF CHANTAY ALLMOND EXaIT “C”w oS om AW oe ue That on mun yeason Thad lunch with Mr, ack 40 told me that he did not want anything to do ‘with his family and did not want to leave them anything. He told me that his brother was a "liar" and that he had previously given his family money for his care and he felt they mistreated him. He was concemed that ifsomething happened to him Eva would not be in charge of him and his Property, 2 mo DECLARATION OF CHANTAY ALLMONDLegal Tabs Co. 1-800-322-3022 - : Recyded Stocks ASB EXHIBIT D Joo ) SPELLMAN & MITCHELL ATTORNEYS AT LAW 1850 AIT. DIABLO BLVD. SUITE 670 DEAN M. SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4407 (925) 938-5880 ROBERT 8, MITCHELL Fax (925) 938-5882 E-Afail: SPMILAW@SBCGLOBAL.NET November 6, 2006 CHANTAY ALLMOND 21 Shelborne Avenue Daly City, CA 94015 Re: Mitchell v. Knott Dear Ms. Allmond: As you know, your deposition is scheduled for November 16, 2006, at 10:00 a.m. and itis the intent of this letter to confirm this date with you. Additionally, 1 would like to advise you that should you be unable to attend your deposition on the above date, please telephone me immediately so that we may reschedule same to a mutually convenient date. Prompt notification of your need to continue your deposition will allow me to timely cancel the court reporter and advise all persons who will be attending your deposition of a new date. Again, should you need to reschedule your deposition, please notify me promptly. A number of persons have contacted me and made inquiry as to why these depositions are taking place. In response, | inform them that the only reason your deposition is being taken is that Ms. Eva Knott has indicated to me that she may be calling you as a witness in connection with the above captioned matters. It is for this reason, and this reason alone, that | have noticed your deposition. Should | receive any information from Ms. Knott’s attomeys that she will not call you as a witness at the upcoming trial, there will be no need to depose you and | will immediately advise you of that fact. Should you have any questions in connection with this matter, please do not hesitate to telephone me. Sincerely, ROBERT B. MITCHELL RBM:cg EXMIBIT “Dp”Legal Tabs Co, 1-800-322-3022 Recyced & Stock # EXA-5-B EXHIBIT E fC SPELLMAN & MITCHELL € ATTORNEYS ATLAW 1850 MT. DIABLO BLVD., SUITE 670 DEAN M, SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4207 (925) 938-5880 ROBERT 8. MITCHELL Fax (925) 938-5382 E-Mail: SPMILAW@SBCGLOBALNET November 21, 2006 CHANTAY ALLMOND 21 Shelborne Avenue Daly City, CA 94015 Re: Mitchell v. Knott Dear Ms. Allmond: t have contacted the Kaiser Permanente Legal Department and | was advised that they will not participate in your deposition under the subpoena which was previously served. | enclose herewith a copy of my letter to Kaiser Permanente and same is forwarded to you for your reference. As a result of information received from Kaiser Permanente, it is necessary that we reschedule your deposition to mid-December and | forward this letter to you requesting that you telephone me at your earliest convenience so that we may schedule a date and time most convenient to you. Please telephone as soon as possible. incerely, Jy S82 WRence OBERT B. MITCHELL RBM:cg Enclosure EXHIBIT “E”C Legal Tabs Co, 1-800-322-3022 Rocyciod QB Stock # EXASB EXHIBIT F f€ SPELLMAN & MITCHELL € ATTORNEYS AT LAW 4850 MT, DIABLO BLVD., SUITE 670 DEAN M, SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4407 (925) 938-5880 ROBERT B. MITCHELL Fax (925) 938-5882 E-Mail: SPMILAW@SBCGLOBALNET November 21, 2006 KAISER MEDICAL LEGAL Attn: Maggie Deguzman 350 St. Joseph Street San Francisco, CA 94115 Re: Mitchell v. Knott Third Party Action Your Former Patient: Charles Actis (deceased) Kaiser Patient No. 03057007 Dear Ms. Deguzman: This will confirm our telephone conversation of yesterday wherein | explained to you the situation regarding petitioner's desire to depose Chantay Allmond, a nurse formerly employed by Kaiser Permanente. As | explained to you, Ms. Allmond signed a declaration on behalf of Eva Knott in connection with the above-captioned matter and regarding her contact with Charles Actis. Ms. Allmond informed me in a telephone conversation that the information contained in the subject declaration was limited to Ms. Allmond's “personal” contact with Mr. Actis and not her contact on a “professional” level. | informed Ms. Allmond that inquiry may be made of her regarding information she received from Mr. Actis in her “professional” capacity and in response, Ms. Allmond informed me that arrangements would have to be made through your department as to Ms. Allmond’s deposition. In our telephone conversation of yesterday, | informed you that it is my understanding that Ms, Allmond is no longer employed by Kaiser and in response, you informed me that with that being the case, Kaiser will not be involved in any deposition regarding Ms. Allmond. Also, it is my understanding from our telephone conversation that while Ms. Allmond has contacted you in connection with this matter and represented that she would be forwarding documents to you, it is my understanding that as of yesterday, you have received no such documents. As a result of our telephone conversation of yesterday, | will be contacting Ms. Allmond to arrange for her deposition at this office with the notation that I will certainly be EXHIBIT “ F®ep KAISER MEDICAL Goan € Attn: Maggie Deguzman November 21, 2006 Page 2 asking Ms. Allmond questions regarding the declaration that she executed on behalf of Ms. Knott but also, my inquiry will expand to all of her contacts with Mr. Actis and Ms. Knott. incerely, \ ROBERT B. MITCHELL RBM:cg cc: Chantay AllmondLegat Tabs Co. 1-800-322-3022 Recycled eG) Slock EXA-S-B EXHIBIT G fiC SPELLMAN & MITCHELL C ATTORNEYS AT LAW . 1850 MT. DIABLO BLYD., SUITE 670 . DEAN M. SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4407 (925) 938-5880 ROBERT B, MITCHELL Fax (925) 938-5882 E-Mail: SPMILAW@SBCGLOBAL.NET December 5, 2006 KAISER PERMANENTE MEDICAL LEGAL DEPT. Attn: Maggie Deguzman 350 St. Joseph Street San Francisco, CA 94115 VIA FAX (415) 833-3071 - HARD COPY TO FOLLOW . Re: Mitchell v. Knott Third Party Action . Your Former Patient: Charles Actis (deceased) Kaiser Patient No. 03057007 Dear Ms, Deguzman: As you wil! recall, we have had a number of telephone conversations regarding my deposition subpoena served upon Chantay Allmond and the fact that she signed a declaration in connection with the above-named patient. I have received your telephone message of November 28, 2006, requesting that the deposition of Ms. Allmond take place in your conference room in San Francisco. You also requested a fee of $175.00 per hour for Ms. Allmond’s testimony. Enclosed herewith please find a copy of the subpoena which was served upon Ms. Allmond. The deposition date was continued at the request of Ms. Allmond and itis now our desire to schedule that deposition for a date in early to mid-January of 2007. At this point in time, we are prepared to accommodate your request that the subject deposition take place in San Francisco. However, Ms. Allmond is a percipient witness and has signed a declaration evidencing the fact that she is being presented as a percipient witness. Consequently, she is entitled to and will be paid the statutory witness fee of $35.00 plus $.20 per mile. Should you believe that Ms. Allmond Is entitled to a fee beyond the statutory fee, please advise me immediately with appropriate legal authority supporting your contention. Please contact me within ten (10) days of the date of this letter so that we may set the date and time for Ms. Allmond’s deposition. EXHIBIT “¢ #KAISER PERMANENTE MEDICAL LEGAL DEPT. C Attn: Maggie Deguzman December 5, 2006 Page 2 As always, should you have any questions in connection with this matter, please do not hesitate to telephone me. Sincerely, ROBERT B. MITCHELL RBM:cg EnclosureLegal Tabs Co, 1-800:322-2022 Recyced LD stork FEXAS EXHIBIT H fi“ Cc SPELLMAN & MITCHELL ATTORNEYS AT LAW 4850 MT. DIABLO BLVD., SUITE 670 DEAN M, SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4407 : (925) 933-5880 ROBERT B, MITCHELL Fax (925) 938-5882 E-Mail: SPHILAW@SBCGLOBAL.NET December 28, 2006 KAISER PERMANENTE MEDICAL LEGAL DEPT. Attn: Maggie Deguzman 350 St. Joseph Street San Francisco, CA 94115 VIA FAX (415) 833-3071 - HARD COPY TO FOLLOW Re: Mitchell v. Knott Third Party Action Your Former Patient: Charles Actis (deceased) Kaiser Patient No. 03057007 Dear Ms. Deguzman: You will recall that in connection with our last correspondence in connection with the above captioned matter, you represented that you would be obtaining an acceptable . deposition date for Chantay Allmond. As you know, it is my desire to depose Ms. Allmond in early to mid January, 2007. itis the intent of this letter to inquire of you as to the current status of this matter and whether or not you have obtained a selection of deposition dates for Ms. Allmond. Please notify me as soon as possible. icerely, ROBERT B. MITCHELL RBM:dh EXHIBIT “H®Legal Tabs Co. 1-800-322-3022 Recycled CEB) Stock #EXAS-B EXHIBIT ! f“) . SPELLMAN & MITCHELL © ATTORNEYS AT LAW 1850 MT. DIABLO BLVD. SUITE 670 DEAN M. SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4407 (925) 938-5880 ROBERT B. MITCHELL Fax (925) 938-5882 E-Mail: SPMILAW@SBCGLOBAL.NET January 5, 2007 KAISER PERMANENTE MEDICAL LEGAL DEPT. Attn: Maggie Deguzman 350 St. Joseph Street San Francisco, CA 94115 VIA FAX (415) 833-3071 - HARD COPY TO FOLLOW Re: Mitchell v. Knott Third Party Action Your Former Patient: Charles Actis (deceased) Kaiser Patient No. 03057007 Dear Ms. Deguzman: This will confirm my telephone message to your office earlier this week wherein in response to your telephone message, ! requested that you again attempt to contact Ms. Allmond in order to make arrangements for her deposition. It is imperative that this deposition take place as soon as possible. Consequently, | await information from your office regarding the date for this deposition. Sincerely, ROBERT B. MITCHELL RBM:dh EXHIBIT “7 =Lega Tabs Co, 1-800-322-3022 Recycled (23) Stock FEXA-S-8 EXHIBIT J fwow ODI Dn oO B® wWDnN BP NN NM NY NN NY NN BF BP BP BP BP Pe es eS att A HM BW NYP Co Ost DA HO B® wWrH EO C SPELLMAN & MITCHELL DEAN M. SPELLMAN, #060042 ROBERT B. MITCHELL, #074795 1850 Mt. Diablo Blvd., Ste. 670 Walnut Creek, California 94596-4407 Telephone: (925) 938-5880 Attomey for CAROL MITCHELL IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES ACTIS DATED NOVEMBER 2, 2004, AND WILL DATED NOVEMBER 2, 2004 CAROL MITCHELL, Petitioner, vs. EVA V. KNOTT, Trustee and Beneficiary under the REVOCABLE LIVING TRUS’ AGREEMENT OF CHARLES ACTIS DATED 11/2/04, NICHOLAS FERRERO, a minor and a will and trust beneficiary and NATALIE FERRERO, a minor and a will and trust beneficiary, Respondents. Case Number PTR-05-287341 [Proposed] ORDER DIRECTING COMPLIANCE WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE TESTIMONY OF CHANTAY ALLMOND AND FOR EXPENSES OF THE MOTION Hearing Date: March 1, 2007 The motion of Petitioner, CAROL MITCHELL, for an order enforcing subpoena and for expenses of the motion came on regularly for hearing by the court on March 1, 2007. Petitioner appeared by counsel ROBERT B. MITCHELL; Respondent, EVA KNOTT, appeared by counsel Michael G. Zatkin. On proof made to the satisfaction of the court that the motion should be granted, [Proposed] ORDER DIRECTING COMPLIANCE WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE TESTIMONY OF CHANTAY ALLMOND AND FOR EXPENSES OF THE MOTION MHIPIT “J "wo Ot nA HOH &® WN RB NN NN NY NY NY NY NY BP BP BP BP BP Be Be BP PP oT AO F WH PF Do OI A HW F&F WHR OO IT IS HEREBY ORDERED that the subpoena served on CHANTAY ALLMOND on October 15, 2006, to compel the attendance of CHANTAY ALLMOND ata deposition on November 16, 2007, with certain things be complied with on the following terms: CHANTAY ALLMOND is hereby ordered to appear for her deposition on March 7, 2007, at 10:00 a.m. at the Law Offices of Spellman & Mitchell located at 1850 Mt. Diablo Blvd., Suite 670, Walnut Creek, California, and to produce any and all documents identified in that certain Deposition Subpoena served on her and which required her attendance at her deposition on November 16, 2006. IT 1S HEREBY FURTHER ORDERED that in the event CHANTAY ALLMOND fails to fully comply with the order of this court as set forth above, the testimony and/or any declaration of CHANTAY ALLMOND is hereby excluded from the trial and any further proceedings in this matter. IT IS HEREBY FURTHER ORDERED that CHANTAY ALLMOND pay to Petitioner CAROL MITCHELL the sum of $. as reasonable costs, expenses and attorney's fees. Dated: March ___, 2007. The Honorable EVERETT A. HEWLETT, JR., Commissioner of the San Francisco County Superior Court APPROVED AS TO FORM George King, Attomey for Respondent Dated: March __,. 2007 [Proposed] ORDER DIRECTING COMPLIANCE WITH SUBPOENA, ALTERNATIVELY EXCLUDING THE TESTIMONY OF CHANTAY ALLMOND AND FOR EXPENSES OF THE MOTION