Party Discovery: IN RE: KIMBERLY KIRCHMEYER

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                By Fax

XAVIER BECERRA

Attorney General of California F i h Eg D
JANE ZACK SIMON Superior Court of California
Supervising Deputy Attorney General ounty ©

ANA GONZALEZ FEB 11 202
Deputy Attorney General

State Bar No. 190263 ~

455 Golden Gate Avenue, Site 11000 oe THE 2 URT
Francisco, 94102-7| f - =

Telephone: (415) 510-3608 Deputy Clerk
Fax: (415) 703-5480 BOWMAN LIU
E-mail: ana.gonzalez@doj.ca.gov

Attorneys for Petitioner and Real Party in Interest

Medical Board of California

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

KIMBERLY KIRCHMEYER, DIRECTOR,

DEPARTMENT OF CONSUMER
AFFAIRS, STATE OF CALIFORNIA, CASENO. H@Eo 21-847 374
Petitioner, *
v. DECLARATION OF MARIANNE
ECKHOFF IN SUPPORT OF PETITION
FOR ORDER COMPELLING
KAISER FOUNDATION HEALTH PLAN | COMPLIANCE WITH
INC., SOUTHERN CALIFORNIA INVESTIGATIONAL SUBPOENA
PERMANENTE MEDICAL GROUP
(SCPMG),
Respondent.

WILLIAM PRASIFKA, EXECUTIVE
DIRECTOR, MEDICAL BOARD OF
CALIFORNIA,

Real Party in Interest.

I, MARIANNE ECKHOFF, declare that the following matters are true and correct to the

best of my knowledge:

Declaration of Investigator Marianne Eckhoffoe YY DH F&F YW NY

ee aaa
ou A Ww RB YW YK Oo

1. I was a Special Investigator employed by the Department of Consumer Affairs, State of
California (DCA). I was assigned to the Health Quality Investigation Unit (HQIU), Division of
Investigation. I was responsible for investigating cases for the Medical Board of California
(Medical Board), including but not limited to the Medical Board’s pending investigation
involving Daniel Lopez, M.D. (Dr. Lopez).

2. The Board received a Health Facility/ Peer Review Reporting Form (805 report) on

| September 25, 2019, reporting that the Executive Committee of Kaiser Foundation Hospital,

South Bay (KFH-South Bay) had ratified the restriction on Dr. Lopez’s ability to manage patients
with category 2 Fetal Heart Rate tracings (Category 2 FHR tracings), that had been imposed by
the Chief of the Department on August 27, 2019. The report also stated they voted to initiate a
formal investigation into Dr. Lopez’s practice relating to the management of care provided to
patients with Category 2 FHR tracings at KFH-South Bay. Attached herewith as Exhibit A is a
true and correct copy of the 805 report received on September 25, 2019.

3. On December 16, 2019, a supplemental 805 report was transmitted to the Medical
Board. The supplemental 805 reported that the Executive Committee met on December 6, 2019,
discussed the results of the formal investigation, and lifted the restrictions on Dr. Lopez’s ability
to manage patients who have Category 2 FHR tracing “pursuant to a six (6) month monitoring
plan...” to ensure Dr. Lopez adhered to the Category 2 FHR tracing guidelines for the long-term.
Attached herewith as Exhibit B is a true and correct copy of the supplemental 805 report received
on December 16, 2019.

4, The case was assigned to me and upon reviewing the 805 reports, I prepared a subpoena
for the documents of the 805 filing which was signed by Commander Laura Gardhouse.

5. On April 15, 2020, I contacted Paula Cataldi-Brown, Legal Discovery Specialist for
Kaiser Permanente Southern California Permanente Medical Group (KFH) and asked if the
subpoena could be emailed. Ms. Cataldi-Brown asked that the subpoena be served by “US mail”
to her attention.

Declaration of Investigator Marianne EckhoffCo oN A HF WN

is
oOo nN A A FF WwW NK CO

6. I mailed a letter, copy of the subpoena, and consumer notice to Dr. Lopez on April 15,
2020. A true-and correct copy of the notice to consumer with proof of service is attached
herewith as Exhibit C.

7. On April 17, 2020, I mailed the subpoena by certified mail to Ms. Cataldi-Brown’s
attention, This subpoena requested the documents related to the 805 report on Dr. Lopez. A true
and correct copy of the subpoena with proof of service is attached herewith as Exhibit D.

8. Ms. Cataldi-Brown acknowledged that she received the investigational subpoena on
April 20, 2020. A true and correct copy of the acknowledgement of receipt of investigational

| subpoena is attached herewith as Exhibit E.

9. On April 23, 2020, I'spoke with Ms. Cataldi-Brown, she wanted to talk about the timing
of the subpoena. Ms. Cataldi-Brown was not sure how long it would take to comply with the
subpoena, due in part to the Covid-19 virus. Ms. Cataldi-Brown agreed to keep me informed if it
was going to take more than-30 days.

10. On May 28, 2020, I received an email from Benjamin Fenton, Esq., stating he
represented Dr. Lopez. Attached to the email was a letter addressed to Ms, Cataldi-Brown, dated
May 19, 2020, that said Dr. Lopez opposed the release of the documents requested in the
subpoena. Attached herewith as Exhibit F is a true and correct copy of the letter.

11. left. a message for Ms. Cataldi-Brown and, receiving no answer, sent an email and
called her again on September 8, 2020. Ms. Cataldi-Brown finally returned the call and said that
since Dr. Lopez had objected to the production of peer review documents she had been instructed
by their legal department not to. produce anything.

12. Asa regular part of an investigation, once medical records are received they are
provided to a District Medical Consultant, for review to determine if there has been a violation of
the Medical Practices Act.

On the 8" day of February, 2021, I declare under penalty of perjury under the laws of the

State of California that the foregoing is.true and correct. e

3 MARIANNE ECKHGOFF ~

Declaration of Investigator Marianne EckhoffExhibit A201

* must be reportad to the Medical Bo:

9-09-23 17:12 MEDICAL-S ( 7 3105172655 >> % 163 2438 P 1/2

ED
MEDICAL BOARD eX? Gont gatntrcementroarem

MEDICA
OF CALIFORNIA 41 OP Phono: rig seaaen
° . 9g SEP 25 PH Fox: (916) 263-2435
Proteeting consumars by advancing high quaiity, sate aed re T UNIT WA mbc,.cagev

Pf . OTs
Gavin Nawsom, Gavemor, State of California | fusiness, Consumer Services and Heueing Agancy | Qepartment of Consumer Affairs

HEALTH FACILITY/PEER REVIEW REPORTING FORM |
"(Required by Section 805 of the Cailfornia Business & Professions Code)

NOTE: Gsnaln actions, with respect to staff privileges, meribarship or employment of physicians, podiatrists, licensed midwifes and physician asaistants
ard of Califorria when they are. d oF voluntarily agceptad for a madical disciplinary cauae of reason, Reports on
gsteopaliophyslotané, danlisis and psychalogista should be diracted to thelr respective Boards, Please eov.the revertevaacand page of this form for
er nation, . . .

ve m8

= RTING ENTITY. ner
Pianaa chack ype of Hee Care Fatty ar Glnle — §805(0)(1¥A) [| Heath Gare Service Plan - @605(a)(1¥)
Reporting Entity [| Professional Society » §805(a}(1}{0) [[] Medical Group or Employer - §808(0}(1)(D)
: [_] ambulatory Surgiaal Center - §806(a)(1)(A)
Margie Harrier, RN (310) 517-2582"
a ae Red DredodAdnintatator Chief of Medical Sta
Chief Executive Officer. Barbara Cares, MD
16 of parson preparing report — : Perro

Amy Martinson a : ___1(310) 517-2196
‘Street address State Zip code

_ CA __ 90710

a |_|Termination or revocation of etaff privileges
Denial/rejectian of application for statt privileges [_|Termination or revocation of mambership:
Danltalrajaction of application for membership {Temmination or ravacation of entployment
(0) For a cumulative tolal of 30 days ar mare for any 12 month period, and for a medical dlacipiinory calise ar raasors .
[Restrlotion(a) imposed on staff privileges fRestrichion(s) voluntarily accepted on staff pslviienes
Resirletion(s) imposad on membership [Restricilon(s) voluntarily accepted on membership
Rastrletlon(s) Imposed on amplaymant |Restriction(s) yoluntarily accepted on employmant

ions sa ne
AbIIEY iS manage patients who, fave Category 2 Petal Heart Rate Tracings ( see attached reporting
narrative for detalls) we :

Ta) Favenig Flos ofan inpending Tnvacigalon based on iormalanialoaing wedi dla cause or Toscan

‘cause oF reagan:

Lteantiate resigned Irom staff: {_jUoomiata took leave of abaance from staff
Licentiate soxlgnad from membership’ [_]Uicentiate took (eave of absence from membarehip
[ucenttate rasigned from employment : Licenfinte took lave af absence from amployment
(@) Fora summary suspension thaf remains In effect far 4 pariod In excess af 17 daye for a medical disciplinary cause oF aason:
(mposilion of summary suapension on stuff privilages Cilmposition of eummary suspension an membership

lrapoaition of eummery suspension on eM

DESCRIPTION ACTION: Attaah sAditianal sheet(s) describing the facts and clroumstancas of the medical dleciplinary cause or reason
and any other relevant Information refuted to the action tuken, Including, but net limited to, the nuntber of cases savlewod, time frame

covered, any patient deaths Inval malpractice fillngs as 4 rasult of tne piven antlons, any expert/pear opinions obtaiiad, etc,
fe
DD Aca yy We Yas
het Exe . * Gh of Medica Stat

Chief Executive Officorit Diractor/Administrator

ENF-805 Revised 01/20192019-09-23 17:12 MEDICAL~S \ a 3105172655 >> % 6 2435 P.2/2

NARRATIVE STATEMENT FOR 805 REPORT REGARDING |.
DR, DANIEL LOPEZ
G62426

On September 4, 2019, the Hxécutive Committee of Kaiser Foundation Hospital, South Bay
("KFH-South Buy”) voted (6: (1) ratify the restriction on Dr. Danie! J.opez’s ability to manage
patients who have Category 2 Fetal Heart Rate tracings (Category 2 'FHR tracings), which was
imposed by the Chief of (hé Department on August 27, 2019; and (2) initiate a formal

_ dovestigation into Dr. Lopez's practice relating to the management of care provided to pationts
who have Category 2 HR tracings at KFH-South Bay. The investigation is ongoing,

Since the restriction has remained in place for morc than 30 days, the Executive Committee has
determined that this report is required under Section 805 of the Business and Professions Coda,

No final conclusions have been reached by the Executive Commiltee regarding Dr. Lopez’s
future ability to manage patients at KFH-South Bay who have Category 2 FHR tracings.Exhibit BF 3105172655 >> $ 163 2435 P 1/2

| MEDICAL BOARD 08 Sent cera ie
OF CALIFORNIA v 0, CA 95815.

Phoneci9}16) 263-2528
. . %
Protecting consumers by advancing bigh quality, sate medical care, aig tee \6 __litqimbbe.ca.gov

2019-42-14 15:17 MEDICAL-:

BA Fan'(916) 263-2435
=

Gavin Newsom, Governor, State of Callfornia } Business, Consumer Serviews and Housing Agency,
o
HEALTH FACILITY/PEER REVIEW REPORTING FORM

(Required by Section 805 of the California Business & Professions Code)

NOTE: Certain actions, with respect to staff. privitages, membership or employment of physicians, podlatrista, licensed midwifes and physiclan assiotants
‘must be reported to the Medical Board of California when they are imposed oF voluntarily accepted for @ medical disciplinary cause or raason. Reporte on

osteopathic physicians, dentists end poychologists should ba directed to thelr fegpective Boards. Please saa the ravarse/second page of this form for
further information,

bpeparinisat of Consumer Affairs

iE PRI TYPE**
REPORTING ENTITY

Please check type of
Reporting Entity

[_] Health Gare Service Plan - g205(a)(1)(@)
[_] Medical Group or Employer - ga05(e}(1)(0)

1 9805t8)(9¥A)
(| Professional Society - §806(a)1)fc)
[_] Ambulatory Surgical Center - §605(aN 110A)

Name . .- Telephone ®
Margie Harrier, RN . (310) 517-2582
Chief Executive Officer/Medical Director7Admi lista Chief af Medical Staff
Chief Executive Officer“: Barbara Carnes, MD
Name of person preparing report ‘Telephone #
(Amy Martinson (310) 517-2196
| Street address Sine Zip code

Name

Daniel Pedro Lopez, MD 662426
Phyalelan ” Podiatrist Licensed Midwife : Physician Assistant

_ "AGTION TAKEN
‘Action(s) and Duratan (attached addjlignal sheet # necaasary)
= loplementa enor re fi On

CHECK HERS F THIS {2 A SUPPLEMENTAL REPORTI/)
Termination or revocation of staff privileges

(a) ‘ora medical dieciplinary cause or reason - -
H Denial/ejection of application for staft privieges [Termination or revocation of membership
Danial/rejectian af application for membarship (_JTarmination ar revocation af amployment

(b) For a cumutative total of 30 days or more for any 12 month period, and for a madical disciplinary cause or reaeon:

Restriciion(s) imposed on staff privileges Restristion(s) voluntarily accepted on staff privileges
Restriction(s) imposed on membership Reatriction(s) voluntarily acospted an membarship
Restrictlon(s) imposed an emplayment C)restriction(s) Voluntarily accepted on employment

H staff privileges ware restricted, Ret-specific restrictions imposed or voluntarily accepted:
Restriction lifted see attached narrative

(¢) Following notice at an Impending investigation based on Information Indicating medical disciplinary cauee of reagan:
O)centiate resigned from staff Licentiate took leave of absence from etatt
[Licentiate resigned from mambership Feentat took leave of absence from membership
Clcentiate resigned from employment lLicentlate took leave of absence from employment
(d) For @ summary suspension that remaine in affect for a pariod in excess of 14 days for a medical disciplinary causa or reason:

Citmposition of summary suspension on staff privileges Ctmpesition of summary suspension an membership
Climposition of summary auapenston on emplaymant — een
‘DESCRIPTION OF ACTION: Attach additonal sheet(a) desorihing the facts and circumstances of the medical disciplinary cause or reason
to the action taken, Including, but not limited to, the number of casas reviewed, time frame
‘covered, any patient deaths involved, ay malpractice fin ; a8 a result of the physician's actions, any expertipeer opinions obtained, atc.

Signature SY = \ WO ‘Signawure Date

Chief Executive OfficarMedical Director/Administrator Chief of Medical Staff

ENF-805 Ravised 01/20192019-42-14 15218 MEDICAL~ “F 3105172655 >> § 263 2435 P 2/2

NARRATIVE STATEMENT FOR 805 SUPPLEMENTAL REPORT
REGARDING
DR. DANIEL LOPEZ
G62426

On September 4, 2019, the Executive Committee of Kaiser Foundation Hospital, South Bay
(“KFH-South Bay”) voted to: (1) ratify the restriction on Dr. Daniel Lopez’s ability to manage
patients who have Category 2 Fetal Heart Rate tracings (Category 2 FIIR tracings), which was
imposed by the Chief of the Department on August 27, 2019; and (2) initiate a formal
investigation into Dr. Lopez’s practice relating to the management of care provided to patients
who have Category 2 FHR tracings at KFH-South Ray, :

The Rxecutive Committee met on December 6, 2019 to discuss the results of the formal
investigation. Following careful consideration, the Executive Committee voted to lift the
restriction on Dr. Lopez's ability to manage patients who have Category 2 FHR tracings pursuant
to a six (6) rnonth monitoring plan. The decision to lift the restriction was based upon the results
of a retrospective chart review, which concluded that the case that gave rise to the Executive
Committea’s implementation of the restriction was the only incident in which Dr. Lopez deviated
from adherence to the applicable guidelines for the petiod of time subject to the review,

‘The Executive Committee separately decided that a non-restrictive monitoring plan was
necessary to ensure that Dr. Lopez’s adherence to the Category 2 FHR tracing guidelines is
sustained for the long-term. The monitoring plan does not restrict Dr. Lopez's privileges at KFH-
South Bay. Dr. Lopez currently has full privileges at KFH-South Bay.Exhibit CBUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY + GAVIN NEWSOM, GOVERNOR:
stave oe ecacirennts | DIVISION OF INVESTIGATION

ci c= = Health Quality Investigation Unit
DEPARTMENT OF CONSUMER AFFAIRS Cerritos Field Office
12750 Center Court Dr. South, Ste, 750
Cerritos, CA 90703 .
(662) 402-4668 Fax (562) 885-5247

April 15, 2020

To: Daniel Lopez, M.D. ©
19592 Shadow Ridge Way
Porter Ranch, CA 91326

Subject: Subpoena for Your Peer Review Records Case Number: 800-2019-060305

Dear Daniel Lopez, M.D.:

The Department of Consumer Affairs’ Division of Investigation (DOI) is investigating on behalf
of the Medical Board of California whether or not unprofessional conduct occurred by you, a
licensee of the Medical Board of California. To further its investigation, DOI would like to review
records about you in the custody of Kaiser Foundation Hospital, South Bay. -

The DIVISION OF INVESTIGATION SEEKS TO OBTAIN YOUR PEER REVIEW RECORDS

FROM KAISER FOUNDATION HOSPITAL, SOUTH BAY via a SUBPOENA. A copy of the

subpoena is enclosed. The subpoena compels Kaiser Permanente to produce your records by May 20
, 2020.

The confidentiality of any personal information DOI receives, whether through your written
authorization or through the subpoena, will be protected as required by the Information Practices
Act or other laws. DOI and the Medical Board of California do, however, use information as
needed to determine if unprofessional conduct ocewred and, if so, to take any necessary
enforcement action. .

If you object to the disclosure or use of your records in this process, you may follow the steps in
the attached Notice to Consumer and Objection, may consult an attorney, and/or may contact me.
Please do not hesitate to contact me if you have any questions.

Sincerely,

Sper) :
Investigator

Enclosures: Notice to Consumer and Objection (ENF 20B)
Copy of Investigational Subpoena

In the Investigation Of: Division of Investigation: H.Q.LU., Cerritos Field Office

Daniel Lopez, M.D. © Special Investigator Name: Marianne Eckhoff
Board/Bureau: " Mailing address: 12750 Center Court Dr., South, Suite 750, Cerritos
Medical Board of California Phone number: 562-402-4668

”'BNI-20B (New 06/24/16, formerly ENF-34)‘| To: THE KAISER FOUNDATION HEALTH

‘cio: PAULA CATALDE BROWN

BEFORE THE DEPARTMENT OF. CONSUMER AFFAIRS .

” STATE OF CALIFORNIA.
In the, Matter of the Investigation of: .
- INV: STIGATI SUBPOENA
DANIEL PEDRO LOPEZ, M. D...- ® ONAL
: DUCES TECUM TO. PRODUCE.
Case Number 800. 2019-060305,
PAPERS AND DOCUMENTS

PLAN, ING,

SOUTHERN CALIFORNIA PERMANENTE °
MEDICAL GROUP (SCPMG) 1 LEGAL: :
DEPARTMENT ae .
393, EAST WALNUT STREET, 2 FLOOR °
PASADENA, CA 91188"

SS Ser

This subpoena duces: tecum i is issued pur suant to the powers conferred upon the Director ofthe |:

Department ¢ of Consumér Affairs @Ca) of the State of California as head. of the DCA by Sections ,

11180 through 11191 of the Government Code of Cilifornia, which powers have been delegated by
the Difector under Section 7 of the Government Code fo Supe vising Investigator I ‘Laura Gardhouse
of. DCA’s Division of. Investigation, Health Quality Investigation Unit. Pursuant to the federal Health

Insurance Portability and Accountability Act (HIPAA), a ‘covered entity, is permitted to release
Protected health information and records to DCA because DCA is a | health oversight agency under
HIPAA. (A5 CBR-§ 164.512.) : . :

. YOU: ARE HEREBY COMMANDED. to’ appear: before Special: Investigator Marianne

| Eckhoff and/or any other duly authorized representative(s) of the Division. of Investigation, Division

of. Investigation, Health | Quality | Investigation Unit staff, at 12750 Center Court Drive South, Suite. :
750, Cerritos, California 90703, telephone numbet 562+402-4668 on the 20% day of May, 2020, at
the hour of 1: 00 P.M., then and there to testify and to answer. questions propounded to you in
connection with.the above titled investigation and to bring with you, and there produce, any and all

‘writings as_ defined by] Evidence Code section 250, includiig but not lithited io, all the papers, books,

ENF-67 (Rev.'05/02/2018)  Tnvestigational Subpoena Duces Tecun ole : “4accounts, ‘documents and records described i in the attached list, regardless of the foi in which ch they

are kept; and includitig all electronic. or digital forms of revortis, .
For purposes of this subpoena, all Teferences to records and documentation includes, but is not!

limited to, production of minutes, notes, electronic communications, audio’ and video - ‘Teoordings,

reports, findings, recommendations or, evahiations, taken uring aay formal: or informal conferences,

|| discussions or meetings.

For failure to comply with the ¢ commands of ‘is subpoena, you wil ‘be subj to » the
proceedings and penalties, provided by law. : |
* NOTICE: * If you confirm with the aliove named special investigator that ihe’ Specific

pagers ‘and documents commanded i in this subpoena duces tecum, inchiding. a ‘certified copy of the |
tecords and a completed “Declaration of Custodian’ of Records,” are being delivered delivered to the address

listed above, then you DO NOT need to appear, ‘If the: fecords produced are. not cortified, you siust

personally appear on. the date aind time indicated, if this subpoena requires production ofa a consumer” S.

| records Gneluding a patient’s or’ ‘employee’ 's records):

ya The’ records are ‘to bes produced by the date’ and tine specifiea in this’ aubposna:
“ut. not sooner than 20 days after ‘the isstiance of this: ‘subpoena, or 15 days after
service, whichever date i is Jater). .

(2) "If the identity of a consumer - whose records are boing compelled i is icnown to the.

. Division of Investigation, we have attetipted to obtain a signed authorization for the | °

* release of the consumer. records. At ‘the time this subpoena is served, we are
attempting to notify the consumer of our efforts to obtain their records through :
service of this subpoena. A copy of the Notive to Consumer, and a proof of service
of that notice, are being provided: with service of this subpoena. :

If you have any questions, contact the above named i ‘investigator. .
"Given under my hand this _. : eth _ dey of. April : 2020.

Laura ie se :

Supervising Investigator I

*. Department of Consumer Affairs
Division of Investigation

* Health Quality Inyestigation Unit

ENF-67 (Rev. 05/02/2018) -. ". Investigational Subpoena Duces'Tecum . 2ATTACHMENT A .
SUBPOENA IN. RESPONSE TO. 805 REPORT
Regarding the ‘Teport filed purswant to Business and Professions Code section | 805 report Tegarding :
DANIEL PEDRO LOPEZ, M.D., M. Ds the following documents related to the above entitled) ~- :
investigation, including but not limited to the following: / ok .
_ This subpoena seeks all responsive materials, without ‘regard to which committee, /
department or individual is in possession or control of ‘said materials, and includes, but is ‘not
limited to, committees/entities such as péer: review, well- being, ethics, quality assurance, risk|-
management, credentials, departmental, medical | executive, nursing, or any other committes, entity .
or individual ‘which was in any way involved i in ‘the matters’ leading to the restrictions imposed on °
Dr. LOPEZS staff privileges and the filing of the 805 report.” : . :
Lo “All records and documentation deseribing the type of privileges held’ and the time peso a
for each type of privilege; a . -
2. : All records and docutiientation, related to and/or underlying thet termination ' of agreements
oe and privileges for the entire period of time culminating i in-the action ageinst the privileges| a
: - This request includes but is not limited to: :
a). ‘incident reports; unusual occurratice: reports, “root cauise analysis, ‘all complaints oy
concerns expressed, or observations from medical, of hospital staff or patients, or, -anyonel
else, and all documents relating to the investigation of those complaints or ‘concems; ‘all
documents relating to peer review where competence or conduct was questioned, including
patient records, whether or not ‘formal peer review Was instituted; all peer reviewer's -
. reports (whether for cause or rottine); all documents Telating to all adverse actions against
Dr. LOPEZ; ~ a : , a
b) Al documentation of any formal or * itiformal conferences discussions, meetings, o1
~ other communications, relating to any investigation or inquiry regarding Dr. ‘LOPEZ

competence, conduct, or ability’ to practice safely;

8OBS1-ENF-87 (Rev. 02717)c) All documentation, including summaries or notes, of any; statements, written or recorded
of any witness or person, condemning any and all: allegations of or investigation or inquiry|
in to negligence, i incompetence or inappropriate conduct by Dr. LOPEZ; "
4) all documents in the credentialing file; .
e) all statements, written or recorded, of any witness or person; conceing any and alll:
allegations of. negligence, incomipetency or inappropriate conduct;
p a certified copy of the, ‘complete medical records for any ‘patients ‘in which thd 7
: competence or conduct of Dr. LOPEZ was.in question;
g) all records and documentation relating to the decision t to take action against thd
agreements and Privileges | of Dr. LOPEZ; and - ot
h) all documents related to the incident or-incidents that Jed to the filing of the 805 report;
_ Dall documents of unusual, unexpected or unanticipated events; ‘including, | but not Himited :
» to, unusual occurrence reports or incident reports; :
jp all ‘documents containing the’ names and addresses of persons mentioned in any of the .

foregoing, documents.

DRSI-ENF-07 (Roy, 08/77)California Department of Consumer Affairs
Division of Investigation
NOTICE TO'CONSUMER AND OBJECTION |.
. Regarding an Investigational Subpoena for Records
. (Gov. Code § 11180, et seq.) .

PART A: NOTICE TO CONSUMER ,

TO: Daniel Loper, M.D.

1. PLEASE TAKE NOTICE THAT THE CALIFORNIA: DEPARTMENT OF
CONSUMER AFFAIRS, DIVISION OF INVESTIGATION @on SEEKS YOUR
RECORDS IN CONNECTION WITH AN INVESTIGATION it is conducting. DOI
seeks to obtain the records on: May 2, 2020. The records DOI seeks are described in the
subpoena directed to witness: Kaiser Foundation Hospital, South Bay at the following

address: 25825 S. Vermont Ave., Harbor City, CA 90710-

A copy of the subpoena i is attached. .

2, IF YOU OBJECT to the production of these records, YOU MUST DO THE .

-- FOLLOWING BEFORE THE DATE SPECIFIED IN ITEM 1:
‘You must'serve on DOJ and on the witness, before the date set for production of the
records, a written objection that states the specific grounds for your objection. You
may use the form that follows [below or on reverse] to object and state the grounds for
your objection. Please complete the Proof of Service indicating whether you
personally: served or mailed your objection. The objection need riot be filed with a
court. WARNING: IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE
DATE SPECIFIED IN ITEM 1, YOUR RECORDS MAY BE PRODUCED. .

3, YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine

. whether an agreement can be reached in writing to cancel or limit the scope of the

subpoena. If you have concerns and no agreement is reached, YOU SHOULD

CONSULT: AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY,

Date: April 15,2020

SPECIAL INVESTIGATOR NAME . _ SIGNATURE

In the Investigation Of:
- | Daniel Lopéz, M.D.

Board/Bureau: Medical Board

Division of Investigation: H.QLU., Cerritos Field Office
Special Investigator Name: Marianne Eckhoff -

Mailing address: 12750 Center Court Drive, South, Suite 750, Cerritos

Phone number: 562-402-4668

pg. 2PART B: CONSUMER’S OBJECTION TO PRODUCTION OF RECORDS

1. O ~~ Tobject to the production of all of my records specified in the subpoena.
2. 1 — Tobject only to the production of the following specified records; -

3. The specific grounds for my objection.are as follows:

> Date:
(FYPE OR PRINT NAME) —— (SIGNATURE)
CONSUMER’S PROOF OF SERVICE _
OF OBJECTION TO PRODUCTION OF RECORDS
Case Name: Case No: 800-2019-060305

I declare that I am over the age of eighteen years, and my’address is:

On served the attached OBJECTION TO PRODUCTION OF RECORDS as follows:

‘OD By personal delivery and service of a true Copy thereof to
At the following address: Department of Consumer Affairs, Division of Investigation
: , California

O By mail, placing a true copy thereof in the United States mail in a sealed envelope with postage
fully prepaid, addressed to: Department of Consumer Affairs, Division of Investigation
“, California

I declare under penalty of perjury the foregoing i is true anid correct, and this declaration was.
executed at

, California, on

(Printed Name) _ (Signature)

pe.3DIVISION OF INVESTIGATION
HEALTH QUALITY INVESTIGATION
DECLARATION OF SERVICE

Case Name: Daniel Lopez, M.D. Case No: 800-2019-060305

I declare that am employed by the Division of Investigation in the County of Los Angeles, California. I am over
the age of eighteen years, and my business address is:

19592 Shadow Ridge Way, Porter Ranch, California, 91326
On April 17, 2020, I served the attached (indicate all that apply):

[ | Rett to patient Requesting Medical Release (ENF-20A) with Consumer Information About Release of
| Medical infor ape ENF 21)
Letter to Patient Subpoena for Medical Records with Notice to Consumer and Objection (ENF-20B)

Attachment -- Consumer Information about Release-of Medical Records in Possession of DOI)
Authorization for Release of Medical Information (ENF-27A)

Authorization for Release of Alcohol and Drug Abuse Information (ENF-27B)

Authorization for Release of Psychiatric Information (ENF-27C)

Authorization for Release of HIV/AIDS Medical Information (ENF-27D)

Medical Records Request Compliance Advisory (ENF-31)
Declaration of Custodian of Records (ENF-22)

Investigational Subpoena Duces Tecum
Investigational Subpoena to Appear and Testify
Administrative Hearing Subpoena

Other (list):

y and copy of Investigational Subpoena Duces Tecum

Letter to patient advising DOI has received their medical records (ENF-20C) (includes ENF-20C
co

LJ

By personal delivery and service of a true copy thereof to
at the following address:

CJ By placing a true copy thereof, along with a cover letter, a copy of which is also attached,
Enclosed in a sealed envelope with postage fully prepaid, by Certified Mail, in the United
States mail at , California, to

At the last known address. Certified Mail No.:

Courtesy copy to:

T declare under penalty of perjury the foregoing is true and correct, and this declaration was Ltt) at

tpt Zz 2820
California, o:
Mecanne Exkho— a

(Printed Name) 77 (Signgyh ayy

ENF-23 (REV, 06/13/18)Daniel Lopez, M.D.
19592 Shadow Ridge Way

Porter Ranch, CA 91326

Ne
PEICIAL USE
iGariified Mai Foo
Samer FRE [Sar bag wa ad aE
‘CiRewn Receipt Qrersoopys g.
ifotum reves tect 8

Postmarte

Ciscat signetinfegates a -
[Asie signature Rieetsinted Ditivony §.

PPastage

& Daniel Lopez, M.D.
3 19592 Shadow Ridge Way
ls Porter Ranch, CA 91326 /

7018 DOO 0000 8071 4591
i
g
iExhibit DBEFORE THE DEPARTMENT OF CONSUMER.AFFAIRS
SFATE OF CALIFORNIA

In the Matter of the Investigatior oft
INVESTIGATIONAL SUBPOENA
DANIEL PEDRO LOPEZ, MD.
“Naabe : DUCES TECUM TO PRODUCE
Number 800-2019-060305
Case Number 800:2019-0 BAPERS AND DOCUMENTS

To: SOUTHERN CALIFORNIA
PERMANENTE MEDICAL GROUP

C/O: PAULA CATALDLBROWN’
SOUTHERN CALIFORNIA PERMANENTE
MEDICAL GROUP (SCPMG) LEGAL
DEPARTMENT oe

393 EAST WALNUT STREET, 2° FLOOR”
PASADENA, CA 91188,

Ne ee ee

This subpoena duces tecum is issued pursuant to the powers conferred upon, the Director of the

Department of Consumer Affairs (DCA) of the State of California as head: of the DCA.by Sections

11180 through 11191 of the Government Code of California, which powers have been delegated by
the Director wnder-Séction 7 of the Government Code to Supervising Investigator If Laura Gardhouse
of DCA’s Division of Investigation, Health Quality Investigation Unit. Pursuant to the federal Health
Insutance. Portability. and Accountability Act-(HIPAA);-a-covered~entity~is~ permitted’ to~ release
protected health information and records to DCA because DCA is 4 health oveisight agency under
HIPAA, (45 CBR. § 164.512.)

YOU ARE HEREBY COMMANDED ‘to appear’ before Special Investigator Marianne
Eckhoff and/or any other duly authorized representative(s) of the Division of Investigation, Division
of Investigation, Health Quality Investigation Unit staff, at 12750 Center. Court Drive South, Suite
750, Cerritos, California 90703, telephone number 562-402-4668 on the 20 “ay of May, 2020 , at
the hour of 1:00 P.M., then and there to testify and to answer questions propourded to you in
connection with the above titled investigation and to bring with you, and there produce, any and all

writings as defined by Evidence Code section 250, including but not limited to, all the papers, books,

ENF-67 (Rev. 05/02/2018) ‘Investigational Subpoena Duces Tecum I#

accounts, documents and records described in the attached list; regardless of the form in which they
are kept, and inchuding’all electronic or digital forms of records:

For purposes of this subpoena, all references to records and documentation includes, but is not
limited to, prodiiction of minutes, notes, electronic communications, audio and video recordings,
reports, findings, recommendations or evaluations, taken during any formal or informal conferences,
discussions or meetings.

Fot failure to comply. with. the commands of this subpoena, you will be subject to the
proceedings and penalties provided by law.

NOTICE: If you confirm with the above named special investigator that the specific
papers and documents commanded in. this subpoena dices tecum, including:a. certified ‘copy of the
records and a compléted “Declaration of Custodian of Records,” are being delivered to the uddress
listed above, then you DO NOT need to appear. If the records produced are not certified, you must
personally appéar on the date and time indicated. If this subpoena Fequirés production of a consumer's
records: Gnoluding: 4 patient’s or employee’ 's records):

Q) The records are to ‘be produced by.the date and time Specified in this subpoona
(but not sooner than 20 days after the issuance of this subpoena, or 15 days after
service, whichever date is later). on ct

(2) If the identity of a consumer whose records are’ being compelled is known to the
Division of Investigation, we have attempted to obtain.a signed authotization for the
release of the constmer records, At the time this subpoena is served, we are
‘attempting to notify-the-consumer*of our efforts to~ obtain their records through:
service of this subpoena. A copy of the Notice to Consumer, and a proof of service
of that notice, are being provided with service of this subpoena.

If you bave any questions, contact the above named investigator.

~ Given under my hand this _ 6th day of __Aprit » 2020.
Laura Gardfiouse

Supervising Investigator II
Department of Consumer Affairs
Division of Investigation

Health Quality Investigation Unit

ENF-67 (Rev. 05/02/2018) Investigational Subpoena Duces ‘Tecum . 2}3 “All sevords and aocttentation de S

~ other communications, relating to any invéstigatia

. competence, conduct, or ability’ to ‘practice safely;

atetials,. v without iegard to

ssion | ‘or P contol of said. maitérials, and scludes, buts

fore each: ‘Spe ‘of of privilege,

a) jiscident reports; ‘umustal oceutténce reports, root cat se analysis, all, complaints ol

concerns expr essed, or obséivations from medical ‘or hospital staff or Patients, or. -aiyone

else, and all documents relating: to the investigation of those complaints or concer sal

docunnents relating to peéerreview where competence or conduist was questioned, including}
patient records, whether ox not formal peer review was “instinuted; all peer ‘teviewer’s|
reports whether for cause oF routine); all docu ments relating to all adverse actions against
Dr LOPEZ: » - ot oe . . .

») All documentation of any forme or -jiférmal conference 28y. dise sions, meetings, oy

OF inquiry regarding Dr LOPEZfs arly witness or person, concerning any and all allegations of or investigation or inquiry -

. in to négligence, incompetence or inappropriate conduct byD) Di LOPEZ; "

§ a certified copy. of the. ‘complete . smedi
: competent e ‘or conduct of Dr, LOPEZ. was. in questio. :
me ®all “records and documentation relating to “the: devision © take’ action ‘a

: *agreenients and prvleges ofr; LOPEZ; end - Me

¢) All documentation, including summaries ornoies, of any, stainents, “written or recorded

d all. documents in the credentialing fi 3

e) ail stitements, ; written or recorded, of any witness. or person, concetning any: ond aly

allegations of negligence, inconipetency or ‘inappropriate conduct;

| records for any pat ents ‘in ‘which the

_ foregoing docuinents.BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA
In the Matter of the Investigation of: ) .
) INVESTIGATIONAL SUBPOENA
DANIEL PEDRO LOPEZ, MD. )
Case Nomier $00.2019-0e0408 } DUCES TECUM TO PRODUCE
Hee NEE SO ZOTI-000 _ _.) PAPERS AND DOCUMENTS
To: KAISER FOUNDATION HOSPITALS, }
SOUTH. BAY }
25825 S, VERMONT AVE., HARBOR CITY, } .
CA 90710. ‘iy

C/O: PAULA CATALDEBROWN
SOUTHERN CALIFORNIA PERMANENTE
MEDICAL GROUP (SCPMG) LEGAL
DEPARTMENT :

393 BAST WALNUT STREET, 28° FLOOR,
PASADENA, CA 91188 .

This subpoena duces tecum is issued pursuant to the powers conferred upon the Director of the
Department. of Consumer Affairs (DCA) of the State of Califomia as head of thé DCA by Sections
11180 through 11191 of thé Government Code of California, which powers ‘have been delegated by
the. Director under. Section 7. of the Government Code to-Supervising Investigator II Laura-Gardhouse~

of DCA’s Division of Investigation, Health Quality Investigation Unit. Pursuant to the federal Health

Insurance Portability and Accountability Act (HIPAA), a covered entity is permitted to release

protected health, information and records to DCA because DCA is a health oversight agency under
HIPAA, (45 CER. § 164.512.) : oe

: YOU ARE HEREBY COMMANDED to appear before Special Investigator Marianne
Eckhoff and/or any other duly authorized. representative(s) of the Division of Iavésti gation, Division
of Investigation, Health Quality Investigation Unit staff, at 12750 Center Court Drive South, Suite
750, Cerritos, California 90703, telephone number 562-402-4668 on the 20 tay of May, 2020 , at

the hour of 1:00 P.M., then and there to testify and to answer questions propounded to you in

ENE-67 (Rev, 05/02/2018) Investigational Subpocna Duses Tecuim 1connection with the above titted investigation and to bring with you, and there produce, any anid all

| writings as defined by Evidence Code section 250, ineluding but not limited to, all the papers, books,

accounts, documents and records described in the attached list, regardless of the. form: in which they |”
are kept, and including all electronic or digital forms of records.

For purposes of this subpoena, all references to.records and documentation includes, butis not.
limited to, production of miiutes, notes, - electronic communications, audio and video recordings,
reports, findings, recommendations or evaluations, taken during any formalor informal conferences,
discussions or meetings. .

’. For failure to comply with the commands of this subpoena, -you. will be subject to the
proceedings and penalties provided by law.

NOTICE: . If you confirm with the above named special investigator that the specific
papers and. documents commanded in ‘this subpoena duces tecum, including a certifi ed copy of the
records and.a completed “Declaration of Custodian. of Records,” are being delivered to the address

listed above, then you DO NOT need to appear. .If the:records produced are not certified, you must

personally: appear on the date and. time indicated. If this subpoena requires production ofa consimer’ s
records (including a ‘patient’s or employee’ 8 recor):

(1). The records are to be produced by the date and time specified in this subpoena

(but not sooner than 20 days after the isstiance of this subpoena, or 15 days after
service, whichever date is later).
Q) -If the identity of a consumer whose records are being compelled is knolwn to the

Division of Investigation; we-have attempted to-obtaira signed authorization-for the:
release of the consumer records, At the time this subpoena is served, we are
attempting to notify the consumer of our efforts to obtain their recards through.
service of this subpoena. A copy of the Notice to Consumer, and.a proof Of service
of that notice, are being provided with service of this subpoena.

Hi ,

Mf

Ui

ENF-67 (Rev. 05/02/2018) Investigational Subpoena Duces Fecum 227

28.

“If you have any questions, contact the above named investigator,

Given under my hand this Sth day of ___ April - 2020
Laura Gardhouse

Supervising Investigator II
Department of Consumer Affairs
Division of Investigation

Health Quality Investigation Unit

ENF-67 (Rev, 05/62/2018). Investigational. Subpoena Duces Tecum/management, credentials, departmental, medical executive, nursing, orany other cominittee, entity} -

ATTACHMENT A.
SUBPOENA IN RESPONSE TO 805 REPORT

Regarding the’ teport filed purstiant to Business cand Professions Code ‘section 805 report regarding :
DANIEL PEDRO LOPEZ, M.D., MD. the following documents related to. the above entitled
investigation, including but: nigt litnited’ to the: following: oy

This subpoéna séeks ‘all _desponsive ‘hatetials, ‘without regard to which. committee

department or individual i is in. possession, or conttol ‘of said. niaterials, and includes, but i is noi

limited to, committeas/entities such as peer: review; ‘well “being, ethics, quality assurance, tisk. ©

or individual whieh was ina any way | involved in the matters’ leading to the restrictions imposed on ,

Dr. LOPEZ’ S staff privileges aid the filing of the. 805 tepor

1. - all records and documentation deseibing the type ‘of tprivileges, held and ‘the time petod
for each type of privilege’,
2... All records and docurnentation, related to: endfor underly trig thet tértnination of agreements

* anid privileges for ‘the entire-period of time culminating in the: action against they ‘privileges

This requést includes but is not limited to:

a) incident “reports; unusual occurrence ‘reports, root cauise analysis, all: complaints oY
concerns expressed,, or obsérvations from medical ‘or hospital staff or patients, or aniyong
else, and all documents relating to the investigation of £ those complaints or concerns; “al
documents relating fo péerrey: jew where. competence oF conduct was questioned, including
patient records, whether ‘or not ‘formal peer review was instituted; all peer reviewer? s
zeports (whether for cause or routine); all documents relating to all adverse: attions ageinst
Dre LOPEZ; :
b) All documentation of any formal or “iiformal conferenses, diseassions, meetings, oy
* other communications, relating ta ‘any investigation or inquiry regarding” Dr, LOPEZ

. competence, conduct, ‘or ability to ‘practice safely;oft any ‘witness or person, concerning any and all allegations of oF - investigation or inquiry

' into. negligence, iticompetence or inappropriate ¢ conduct by. Dr. LOPEZ;

: ) a. certified copy of the, complete medical records for any tient in which ‘tnd
: competerice or conduct of Dr, LOPEZ was.in question; . 1
2) all records and documentation relating to the decision. to take action ‘against the’

_hyall documents related to the incident or incidents that led to the filing of the 805 report!

. to, unusual occurtencs reports or ineident reports;

DAROTEG Hox

ce) All docunientation, including summaries or notes, of any: statements, written or recorded,

€) all documents inthe credentialing file; . v . Lore .

ey all statements, written or recorded, ofa any witness or person, concerning any and all] ; -

allegations of negligence, incomipetency or fitapproptiate conduct;

agreements and Biivileges of Dr. LOPEZ; and:
i all documents of unusual, . unexpected or unanticipated events;.including, ‘but riot limited ~

pall documents containing the names and addresses of persons mentioned i in any “of the

foregoing documents. :DIVISION OF INVESTIGATION
HEALTH QUALITY INVESTIGATION
DECLARATION OF SERVICE

Case Name: Daniel Lopez, M.D. Case No: 800-2019-060305

I declare that | am employed by the Division of Investigation in the County of Los Angeles, California. I am over
the age of eighteen years, and my business address is:

3939 East Walnut Street, Snd Floor, Pasadena, California, 91188

On April 17, 2020, I served the attached (indicate all that apply):
i Letter to patient Requesting Medical Release (ENF-20A) with Consumer Information, About Release of

Medical Information (ENF 21) .

Letter to patient Re: Subpoena for Medical Records with Notice to Consumer and Objection (ENF-20B)

and copy of Investigational Subpoena Duces Tecum

Letter to patient advising DOI has received their. medical records (ENF-20C) (includes ENF-20C

| Attachment ~ Consumer Information about Release of Medical Records in Possession of DOI)

Authorization for Release of Medical Information (ENF-27A)

| Authorization for Release of Alcohol and Drug Abuse Information (ENF-27B)

Authorization for Release of Psychiatric Information (ENF-27C)

|_| Authorization for Release of HIV/AIDS Medical Information (ENF-27D)

Medical Records Request Compliance Advisory (ENF-31)
Declaration of Custodian of Records (ENF-22)

Investigational Subpoena Duces Tecum
Investigational Subpoena to Appear and Testify
Administrative Hearing Subpoena

Other (ist):

O COR co

By personal delivery and service of a true copy thereof to
at the following address:

Oy By placing a true copy thereof, along with a cover letter, a copy of which is also attached,
Enclosed in a sealed envelope with postage fully prepaid, by Certified Mail, in the United
States mail at OTVOS ; California, to

At the last known address. Certified Mail No.:

] Courtesy copy to:

I declare under “A of perjury the foregoing is true and correct, and this declaration was executed at

; California, o ypu, 17 Zb2g
Mutanne Eckhste—

(Printed Name)

ENF-23 (REV. 06/13/18)Sasa oe
Paula Cataldi-Brown
» Southern California Permanente
Medical Group (SCPMG) Legal

393 East Walnut Street, 2Ӣ Fl.
Pasadena, CA 91368

75-3795

OFFICIAL USE

SEER |

Tiron Reemptginseops Bae

C) Retien Raceiat (eatroniay Postmerie
Clot eat Recta Datery Hee

Cl Adak @aratore Recatet
Cladus Signature Reetialed Detivary $

Postage

“uP + Paula Cataldi-Brown

[srw Southern California Permanente —

svat: Medical Group (SCPMG) Legal
ox 393 East Walnut Street, 2™¢ Fl.
Pasadens, CA 91188

7016 O040 o000 BO7h 9744Exhibit EBEFORE THE DIVISION OF INVESTIGATION
DEPARTMENT OF CONSUMER AFFAIRS

2 STATE OF CALIFORNIA
3
4 |/In the matter of the Investigation of: 3
. . ) NOTICE AND
5 {| Matter of the Investigator of
ACKNOWLEDGEMENT OF
6 || DANIEL PEDRO LOPEZ, M.D.
INVESTIGATIONAL SUBPOENA
7 ||Case Number 800-2019-060305
8 ||To: Paula Cataldi-Brown y
9 || Southern California Permanente
40 || Medical Group (SCPMG) Legal
11 ||393 East Walnut Street, 2"4 Floor
12 J Pasadena, CA 91088
33
NOTICE
a4 : :
This Investigational’ Subpoena Duces Tecum is served pursuant to California
15
Government Code. §11184 and Code of Civil Procedure §415,30. Failure to complete this form
16
and return it to the sender within 20 days may subject you (or the party on whose behalf you
uw
are being served) to liability for the payment of any expenses incurred in serving a subpoena
16
upon you in any other manner permitted by law. If you are served on behalf of a corporation,
9
* unincorporated. association (including a partnership) or other entity, this form must be signed
“ in the name of such entity by you or by a person authorized to receive service of process on
2 .
behalfof-such-entity.In-all_other.cases,this.-form.must-be-signed_by-you-personally-or-by-a—|.
22
person. authorized by you to acknowledge receipt of a subpoena. Section 415.30 provides that
23
this subpoena is deemed served on the date of execution of an acknowledgment of receipt of
24
subpoena.
28
°6 Dated: Aprit 20, 2020
a7

ACKNOWLEDGMENT OF RECEIPT

ENF-23A (New 2/09)This acknowledges receipt on _ April 20th 2020

investiga
LY ,

of a copy of the

nal subpoena, Z
Le t ’ ° Paula Caialdi-Brown, Legal Discovery Specialist

Signature Printed Name

ENI-23A (New 2/09)Exhibit FFENTON

LAW GROUP| LLP

dors

May 15, 2020

VIA EMAIL CORRESPONDENCE Paula.S.Cataldi-Brown@kp.org AND REGULAR
MAIL .

SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP
C/O Paula Cataldi-Brown

393 East Walnut Street, 2" Floor

Pasadena, CA 91188

Re: _ In the Matter of the Investigation of Daniel Pedro Lopez, M.D.
Investigational Subpoena to Produce Papers and Documents

Dear Ms. Cataldi-Brown:

This law firm represents Daniel Lopez, M.D. a physician member of SCPMG.

We are in receipt of the Investigational Subpoena issued to SCPMG pertaining to Dr. Lopez. We
hereby object to any production of records pursuant to the Department of Consumer Affairs
subpoena pertaining to Dr. Lopez.

1

As required by law the California Department of Consumer Affairs provided notice to Dr.
Lopez of the subpoena so that Dr. Lopez can object.

PLEASE TAKE NOTICE on behalf of Dr. Lopez we hereby object to the subpoena
issued by the California Department of Consumer Affairs based on Dr, Lopez’s right to privacy
over his records, In addition we object pursuant to Evidence Code 1157, Therefore you are
respectfully ordered not to produce any records in response to the subpoena.

If you have any questions or concerns please contact the undersigned.
Very truly yours, ©
FENTON.LAW GROUP; LLP

isi :

By: Benjamin J. Fenton ' ‘

1990 South Bundy Drive Suite 777 Los Angeles, California 90025 1 310.444.5244 F 310.444.5280 fentenlawgroup.com