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  • Addie Huff vs. Sierra Meadows Senior Living, LLC42 Unlimited - Other Complaint (not specified) document preview
  • Addie Huff vs. Sierra Meadows Senior Living, LLC42 Unlimited - Other Complaint (not specified) document preview
  • Addie Huff vs. Sierra Meadows Senior Living, LLC42 Unlimited - Other Complaint (not specified) document preview
  • Addie Huff vs. Sierra Meadows Senior Living, LLC42 Unlimited - Other Complaint (not specified) document preview
  • Addie Huff vs. Sierra Meadows Senior Living, LLC42 Unlimited - Other Complaint (not specified) document preview
  • Addie Huff vs. Sierra Meadows Senior Living, LLC42 Unlimited - Other Complaint (not specified) document preview
  • Addie Huff vs. Sierra Meadows Senior Living, LLC42 Unlimited - Other Complaint (not specified) document preview
  • Addie Huff vs. Sierra Meadows Senior Living, LLC42 Unlimited - Other Complaint (not specified) document preview
						
                                

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1 KEVIN P. KENNEDY, ESQ. (SBN 157019) kkennedy@kennedysouza.com 2 CHRIS LAMPROU, ESQ. (SBN 86291) E-FILED clamprou@kennedysouza.com 10/19/2020 4:42 PM 3 KENNEDY & SOUZA, APC Superior Court of California 7964 Arjons Drive, Suite I 4 San Diego, California 92126 County of Fresno Telephone: (858) 267-4127 By: I. Herrera, Deputy 5 Facsimile: (858) 267-4128 6 Attorney for Defendant/Cross-Complainant, SIERRA MEADOWS SENIOR LIVING, LLC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF FRESNO 10 ADDIE HUFF, Case No.: 18CECG03644 11 SIERRA MEADOWS SENIOR LIVING 12 Plaintiff, LLC’S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL 13 COMPLIANCE OF GOLDEN LIVING vs. CENTER WITH DEPOSITION KENNEDY & SOUZA, APC 14 SUBPOENA FOR PRODUCTION OF PLAINTIFF’S BUSINESS RECORDS 15 SIERRA MEADOWS SENIOR LIVING, LLC; and DOES 1 through 250, inclusive, Judge: Hon. Rosemary McGuire 16 Dept.: 402 17 Date: February 17, 2021 Defendants. Time: 3:30 p.m. 18 Dept: 502 19 Action Filed: October 1, 2018 Trial Date: February 22, 2021 20 AND RELATED CROSS ACTION. 21 22 23 SIERRA MEADOWS SENIOR LIVING, LLC’S DEPOSITION SUPBOENAS FOR 24 PRODUCTION OF BUSINESS RECORDS AT ISSUE: 25 1. GOLDEN LIVING CENTER (MEDICAL RECORDS) 26 St. Agnes Medical Center 27 Name: Addie Huff 28 Treatment dates: Any and all times to the present date {00738679:1} 1 SIERRA MEADOWS SENIOR LIVING LLC’S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA TO GOLDEN LIVING CENTER 1 REQUESTED DOCUMENTS: 2 1. Any and all DOCUMENTS for the above referenced treatment date(s), including, but not limited to, all medical records, all color photographs of any and all wounds, hospital 3 charts and records, emergency room records, inpatient and outpatient charts and records, doctors’ reports and notes, nurses’ reports and notes, color photographs, therapy records, 4 program records, rehabilitation records, laboratory records, pathology records and 5 reports, sign-in sheets, in-take sheets, information sheets, progress notes and reports, SOAP notes, assessments, diagnosis, care plans, memoranda, correspondence, 6 videotapes, audio takes, results of all tests, including diagnosis as to condition and prognosis for recovery, prescriptions and pharmacy records, and all other records of 7 medications pertaining to the care, treatment, and examination of the above-named patient for the above-listed treatment dates. 8 9 PLAINTIFF’S OBJECTION: 10 PLEASE TAKE NOTICE that the Plaintiff hereby objects to the deposition subpoena for 11 production of business records issued by the Defendants upon…Golden Living Center (Medical 12 Records Department) 111 Barstow Avenue, Clovis, California 93612…in that the language in this 13 subpoena is overbroad, not reasonably calculated to lead to admissible evidence, and seeks to violate KENNEDY & SOUZA, APC 14 the Plaintiff’s statutory physician-patient and constitutional right of privacy. A detailed meet-and- 15 confer letter was sent to opposing counsel, identifying the subpoena at issue and grounds for 16 objection. A true and correct copy of this letter is attached hereto as Exhibit “1”. 17 All parties and witnesses are expressly advised that any violation of the patient-physician 18 privilege and constitutional right of privacy will be met by the Plaintiff immediately availing of all 19 remedies made available by law. The Plaintiff does not waive the patient-physician privilege and 20 constitutional right to privacy except to the extent as relates to issues actually tendered in 21 controversy in this litigation. 22 ARGUMENT 23 Plaintiff filed a Complaint on October 1, 2018, alleging causes of action for Elder Abuse 24 (Neglect) and Negligent Hiring, Training and Supervision. Plaintiff alleges in her Complaint ¶ 24 25 that on August 24, 2018, while a resident at SIERRA MEADOWS, she fell and fractured her hip. 26 She also alleges in her Complaint ¶ 31 that on September 8, 2018, she developed a Stage IV pressure 27 ulcer on her coccyx while a resident at SIERRA MEADOWS. Prior to Plaintiff’s placement as a 28 {00738679:1} 2 SIERRA MEADOWS SENIOR LIVING LLC’S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA TO GOLDEN LIVING CENTER 1 resident at SIERRA MEADOWS on July 30, 2018, Plaintiff was a patient at Clovis Community 2 Medical Center (“Clovis”) in Clovis, California. While a resident at SIERRA MEADOWS, 3 Plaintiff was followed by primary care physician, Constantine Phiripes, M.D., who had been her 4 primary doctor for many years. After Plaintiff sustained a fall and hip fracture on August 24, 2018, 5 she was transported by American Ambulance to St. Agnes Medical Center (“St. Agnes”) in Fresno, 6 California for treatment. Plaintiff returned to SIERRA MEADOWS on August 28, 2018. On 7 8 September 9, 2018, Plaintiff’s daughter, Crystal Stansberry, terminated Plaintiff’s residency at 9 SIERRA MEADOWS and had American Ambulance transport Plaintiff to St. Agnes Medical 10 Center. Plaintiff did not return to reside at SIERRA MEADOWS after her hospital stay at St. Agnes 11 but instead was transferred to a skilled nursing facility, Golden Living Center (“Golden Living”), 12 where Plaintiff received home health services from Healthy Living Home Health. Plaintiff was 13 KENNEDY & SOUZA, APC admitted to St. Agnes in October 2018 for a Stage IV pressure sore on her coccyx, among other 14 15 issues. Plaintiff passed away on November 2, 2018. 16 A. Plaintiff’s Medical Records Are Relevant to this Action and Discoverable 17 The Civil Discovery Act provides the framework for discovery in civil cases in the State of 18 California. CCP § 2017.010 provides: 19 Unless otherwise limited by order of the court in accordance with this title, any party 20 may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion 21 in that action if the matter is either itself admissible in evidence or appears to be reasonably calculated to lead to the discovery of admissible evidence. Discovery may 22 relate to the claim or defense of the party seeking discovery or of any other party to 23 the action…. 24 CCP § 2017.010. It is explicit that documents that are reasonably calculated to lead to the 25 discovery of admissible evidence are discoverable. Statutes relating to discovery are to be liberally 26 construed in favor of disclosure. Harabedian v. Superior Court (1961) 195 Cal. App. 2d 26, 31. 27 Plaintiff’s pertinent records which are relevant to the issue of proximate causation are discoverable 28 {00738679:1} 3 SIERRA MEADOWS SENIOR LIVING LLC’S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA TO GOLDEN LIVING CENTER 1 upon a showing of good cause. Slagle v. Superior Court (1989) 211 Cal. App. 3d 1309, 1314. The 2 history of treatment received by a Plaintiff to the part of the body brought in issue is relevant and 3 the records relating to that prior treatment are relevant and discoverable. Id. at p. 1315. 4 Plaintiff has placed her physical condition and alleged injuries sustained at SIERRA 5 MEADOWS at issue. Not only are the records related to treatment she received while a resident at 6 SIERRA MEADOWS relevant, but the records showing treatment received for the same condition 7 8 to the same part of her body both before residing at SIERRA MEADOWS and after she terminated 9 her residency at SIERRA MEADOWS are relevant. 10 The incomplete records received from Plaintiff through discovery show that Plaintiff suffered 11 from a pressure sore to her coccyx in 2014 while hospitalized at St. Agnes and again in 2017 while 12 hospitalized at Clovis. The records also show that the first time she was diagnosed with a Stage IV 13 KENNEDY & SOUZA, APC pressure sore to her coccyx was while she was residing at Golden Living Center. The records of St. 14 15 Agnes and Clovis from 2014 and 2017 onward are relevant to understand this longstanding issue 16 the Plaintiff suffered from. The records of her hospitalization at St. Agnes after she left SIERRA 17 MEADOWS are critical to learn what diagnosis was set forth and what treatment Plaintiff received 18 at St. Agnes before moving on to Golden Living Center. Thus, the Plaintiff’s medical records that 19 SIERRA MEADOWS subpoenaed are clearly relevant and discoverable. 20 B. Plaintiff’s Medical Records are Not Entitled to the Physician-Patient Privilege on 21 Issues Plaintiff has Tendered in this Litigation 22 23 The physician-patient privilege is waived when a litigant tenders an issue involving her physical 24 condition in litigation. California Evidence Code § 996, relating to the patient-litigant exception, 25 provides that there is no privilege to a communication relevant to an issue concerning the condition 26 of the patient when the issue has been tendered by the patient in litigation. Evid. Code § 996(a). A 27 patient tenders the issue of her physical health upon filing an action alleging personal injuries. Britt 28 {00738679:1} 4 SIERRA MEADOWS SENIOR LIVING LLC’S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA TO GOLDEN LIVING CENTER 1 v. Superior Court (1978) 20 Cal. 3d 844, 862-864. 2 In this case, SIERRA MEADOWS subpoenaed Plaintiff’s healthcare providers to obtain 3 complete sets of documents related to the issues tendered by Plaintiff. Those issues involve a hip 4 fracture and a Stage IV pressure sore to her coccyx. The Plaintiff’s medical and radiology records, 5 including not only those records related to diagnosis and treatment Plaintiff received during the 6 narrow window of time that she was a resident of SIERRA MEADOWS, but going back to earlier 7 8 dates when documentation shows she suffered similar pressure sore issues on the same part of her 9 body, are clearly relevant and not subject to any privilege. 10 As noted above, the Plaintiff’s medical records from Golden Living Center that have been 11 received and reviewed by SIERRA MEADOWS to date reflect that Plaintiff was diagnosed for the 12 first time with a Stage IV pressure ulcer on her coccyx while residing at Golden Living Center in 13 KENNEDY & SOUZA, APC late September 2018, long after she had terminated her residency at SIERRA MEADOWS. This 14 15 information is critical to SIERRA MEADOWS’ defense and SIERRA MEADOWS, therefore, 16 requires the complete records of Golden Living Center to perform its evaluation of Plaintiff’s claims. 17 The Golden Living Center records are clearly relevant and discoverable and must be produced. 18 2. GOLDEN LIVING CENTER (RADIOLOGY RECORDS) 19 Name: Addie Huff 20 Treatment dates: Any and all times to the present date 21 REQUESTED RECORDS: 22 1. All FILMS or radiological films and studies for the above referenced treatment date(s) 23 including, but not limited to, x-rays, MRI’s, CT scans, ultrasounds, all color photographs of any and all wounds, and any other radiology images pertaining to the care, treatment, 24 and examination of the above-named patient for the above-listed treatment dates. 2. Any and all DOCUMENTS for the above referenced treatment date(s), regarding reports 25 pertaining to radiology films and studies of x-rays, MRIs, CT scans, ultrasounds, all color photographs of any and all wounds, any reports, and other information pertaining 26 to the care, treatment, and examination of the above-named patient for the above-listed 27 treatment dates. 28 PLAINTIFF’S OBJECTION: {00738679:1} 5 SIERRA MEADOWS SENIOR LIVING LLC’S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA TO GOLDEN LIVING CENTER 1 PLEASE TAKE NOTICE that the Plaintiff hereby objects to the deposition subpoena for 2 production of business records issued by the Defendants upon…Golden Living Center (Radiology 3 Department) 111 Barstow Avenue, Clovis, California 93612…in that the language in this subpoena 4 is overbroad, not reasonably calculated to lead to admissible evidence, and seeks to violate the 5 Plaintiff’s statutory physician-patient and constitutional right of privacy. A detailed meet-and- 6 confer letter was sent to opposing counsel, identifying the subpoena at issue and grounds for 7 objection. A true and correct copy of this letter is attached hereto as Exhibit “1”. 8 All parties and witnesses are expressly advised that any violation of the patient-physician 9 privilege and constitutional right of privacy will be met by the Plaintiff immediately availing of all 10 remedies made available by law. The Plaintiff does not waive the patient-physician privilege and 11 constitutional right to privacy except to the extent as relates to issues actually tendered in 12 controversy in this litigation. 13 KENNEDY & SOUZA, APC ARGUMENT 14 Defendant hereby incorporates all arguments above as though fully set forth herein. 15 3. GOLDEN LIVING CENTER (BILLING RECORDS) 16 17 Name: Addie Huff 18 Treatment dates: Any and all times to the present date 19 RECORDS REQUESTED 20 Any and all DOCUMENTS for the above referenced treatment date(s), pertaining to billing 21 records, including, but not limited to, ALL ITEMIZED CHARGES AND ALL PAYMENT INFORMATION, INCLUDING ANY ADJUSTMENTS, WRITE-OFFS, 22 LIENS, AND ANY OUTSTANDING BALANCES, any and all itemized statements of the billing charges and/or consolidated statement of benefits, including any source used to 23 prepare such statement, payment history, payment and write-off records, any insurance 24 billing or payments information, any insurance billing adjustments, emergency room physicians’ bills, hospital bills, statements of charges, payment transactions and procedure 25 codes/CPT codes/ICD codes for all sources, including any computer generated billing and payment software that contains said information, regarding the care, treatment or 26 examination of the above-named patient for the above-listed treatment dates. 27 /// 28 {00738679:1} 6 SIERRA MEADOWS SENIOR LIVING LLC’S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA TO GOLDEN LIVING CENTER 1 PLAINTIFF’S OBJECTION: 2 PLEASE TAKE NOTICE that the Plaintiff hereby objects to the deposition subpoena for 3 production of business records issued by the Defendants upon…Golden Living Center (Billing 4 Department) 111 Barstow Avenue, Clovis, California 93612…in that the language in this subpoena 5 is overbroad, not reasonably calculated to lead to admissible evidence, and seeks to violate the 6 Plaintiff’s statutory physician-patient and constitutional right of privacy. A detailed meet-and- 7 confer letter was sent to opposing counsel, identifying the subpoena at issue and grounds for 8 objection. A true and correct copy of this letter is attached hereto as Exhibit “1”. 9 All parties and witnesses are expressly advised that any violation of the patient-physician 10 privilege and constitutional right of privacy will be met by the Plaintiff immediately availing of all 11 remedies made available by law. The Plaintiff does not waive the patient-physician privilege and 12 constitutional right to privacy except to the extent as relates to issues actually tendered in 13 controversy in this litigation. KENNEDY & SOUZA, APC 14 ARGUMENT 15 Defendant hereby incorporates all arguments above as though fully set forth herein. 16 Dated: October 19, 2020 17 KENNEDY & SOUZA, APC 18 19 By: KEVIN P. KENNEDY, ESQ. 20 CHRIS LAMPROU, ESQ. Attorney for Defendant/Cross-Complainant, 21 SIERRA MEADOWS SENIOR LIVING, LLC 22 23 24 25 26 27 28 {00738679:1} 7 SIERRA MEADOWS SENIOR LIVING LLC’S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA TO GOLDEN LIVING CENTER 1 KEVIN P. KENNEDY, ESQ. (SBN 157019) kkennedy@kennedysouza.com 2 CHRIS LAMPROU, ESQ. (SBN 86291) clamprou@kennedysouza.com 3 KENNEDY & SOUZA, APC 7964 Arjons Drive, Suite I 4 San Diego, California 92126 Telephone: (858) 267-4127 5 Facsimile: (858) 267-4128 6 Attorneys for Defendant/Cross-Complainant, SIERRA MEADOWS SENIOR LIVING, LLC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF FRESNO 10 ADDIE HUFF, Case No.: 18CECG03644 11 Plaintiff, PROOF OF SERVICE OF SIERRA 12 MEADOWS SENIOR LIVING LLC’S vs. SEPARATE STATEMENT IN SUPPORT 13 OF MOTION TO COMPEL SIERRA MEADOWS SENIOR LIVING, COMPLIANCE OF GOLDEN LIVING 14 LLC; and DOES 1 through 250, inclusive, CENTER WITH DEPOSITION SUBPOENA FOR PRODUCTION OF 15 PLAINTIFF’S BUSINESS RECORDS Defendants. 16 Date: February 17, 2021 17 Time: 3:30 p.m. Dept: 502 18 Action Filed: October 1, 2018 19 Trial Date: February 22, 2021 20 21 I, the undersigned, declare and state as follows: 22 I am, and was at the time of service of the papers herein referred to, over the age of 18 years, and not a party to this action. My business address is 7964 Arjons Drive, Suite I, San Diego, CA 23 92126. 24 I served the following document(s) SIERRA MEADOWS SENIOR LIVING 25 LLC’S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL COMPLIANCE OF GOLDEN LIVING CENTER WITH DEPOSITION SUBPOENA FOR 26 PRODUCTION OF PLAINTIFF’S BUSINESS RECORDS 27 on the parties in this action addressed as follows: 28 {00738921:1} 1 PROOF OF SERVICE 1 Via Email: Counsel for PLAINTIFF 2 Stephen M. Garcia, Esq. 3 GARCIA, ARTIGLIERE & MEDBY One World Trade Center, Suite 1950 4 Long Beach, CA 90831 Tel: 562-216-5270; Fax: 562-216-5271 5 Email: edocs@lawgarcia.com 6  BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on an agreement or 7 stipulation between all parties, I caused the document(s) to be sent from e-mail address vlacey@kennedysouza.com to the persons at the e-mail addresses listed in the Service 8 List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 9 10 Via U.S. Mail: Golden Living Center 11 Medical Records Department Radiology Department 12 Billing Department 111 Barstow Avenue 13 Clovis, CA 93612 KENNEDY & SOUZA, APC 14  BY MAIL: I am readily familiar with our business practice for collecting, 15 processing, and mailing correspondence and pleadings with our overnight express service carrier. Such correspondence and pleadings are deposited in a box or other 16 facility regularly maintained by or delivered to a courier or driver authorized by to receive documents, in an envelope or package designated by which indicates that 17 overnight delivery is demanded with delivery fees paid or provided for, and addressed to the person(s) served hereunder. (C.C.P. § 1013(c)) 18 19 I declare under penalty of perjury under the laws of the State of California that the foregoing 20 is true and correct and that this declaration was executed on October 19, 2020 at San Diego, California. 21 22 23 Vicki Lacey 24 25 26 27 28 {00738921:1} 2 PROOF OF SERVICE