Preview
F
1234567009
ROBERT H. ZIMMERMAN, BAR No. 84345
IAN A. SCHRG, BAR No. 285304 scum «Bum
l
SCHUERING ZIMMERMAN & DOYLE, LLP l
400 University Avenue |_ 12/14/2021 L
Sacramento, California 95825-6502
E E
(916) 567-0400
FAX: 568-0400 D D
B! — m FILED
mini?
Attorneys for Defendant ENLOE MEDICAL CENTER
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
10 PATSY NEWTON, individually; HAROLD NO. 20CV01091
NEWTON, individually; SUZANNE
11 BOLDEN, individually, ASSIGNED TO JUDGE TAMARA L.
MOSBARGER FOR ALL PURPOSES
12 Plaintiffs,
NOTICE OF FILING OF APPEAL BOND
13 VS.
14 ENLOE MEDICAL CENTER; and DOES l -
50, et al.,
15
Defendants.
16
17 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
18 PLEASE TAKE NOTICE that defendant-appellant ENLOE MEDICAL CENTER has
19 timely filed the attached Notice of Appeal and a $1,171,020.74 appeal bond under Code
20 of Civil Procedure section 917.1 to stay execution of plaintiff’s judgment dated August 19,
21 2021. (See Code Civ. Proc.., §§ 916, 917.1; see also Witkin, Cal. Procedure (5m Ed. 2008)
22 Appeal, §17, p. 78; Id. § 221, p. 289 [“A stay of enforcement is the suspension of the right
23 to enforce the judgment by execution or other means”]; ld., §222, p. 290 [“A stay,
24 obtained by any method, prevents any further proceedings to enforce the judgment or
25 order”].)
26 NOTICE IS FURTHER GIVEN that filing this bond not only stays execution of the
27 order but also extinguishes any existing execution liens. Property held subject to any
28 extinguished liens must be released by the levying officer to Defendant-Appellant Enloe
01411083.WPD I
NOTICE OF FILING OF APPEAL BOND
Medical and no execution or other enforcement liens may be created or
1234567009
Center,
continued while the stay pending appeal is in effect. (See Code Civ. Proc. §§ 697.040,
697.050, 699.060, 917.1; California Commerce Bank U. Superior Court (1992) 8 Cal.App.4th
582, 584-588; see Eisenberg, California Practice Guide: Civil Appeals and Writs (The
Rutter
2016) 7:134.5; pp. 7-49 to 7-50; 8 Witkin, Cal. Procedure (5m Ed. 2008)
Group ‘ll
Enforcement of Judgment section 67, p. 109.)
Dated: December l4, 2021
SCHUERING ZIMMERMAN & DOYLE, LLP
cx/m fl. 54:16»?
10 By
IAN A. SCHARG
11 for Defendant EN LOE MEDICAL
CENTE
Attomefis
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
01411083.WPD 2
NOTICE OF FILING OF APPEAL BOND
APP-002
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR No FOR COURT USE 0””
:
8,1 345
NAME: Robert H. Zimmerman
FIRM NAME
Schuering Zimmerman & Doyie, IJLI’ F Suwflu CUUIIUI CdHIUW F
STREET ADDRESS: 400 University Avenue Cwm‘r 0f Butte
I
CITY: Sacramen to STATE: CA 2"" CODE 95825 I
TELEPHoNE No: (916) 567-04 00 w No (916) 508-0400 L 12/7/2021 L
EMAIL ADDRESS: rh'l. a $23.00 In E E
ATTORNEY FOR (name): Enloe Medical Center D -
‘ Clerk
ImaIIan
M D
SUPERIOR COURT OF CALIFORNIA, COUNTY OF B U’I"l‘li) n; 09pm
STREETADDRESS: 1775 Concord Avenue E‘éctfo'wctu‘r F
MAILING ADDRESSI I775 Concord Avenue
CITY AND ZIP CODE: Chico, CA 95928
BRANCH NAME: North Butte County Courthouse
PLAINTIFF/PETITIONER: PATSY NEWI‘ON; HAROLD NEW'I‘ON
DEFENDANT/RESPONDENT: ENLOE MEDICAL CEN'I‘IER
CASENWBER?
I____l' NOTICE OF APPEAL
(UNLIMITED CIVIL
II]CROSS-APPEAL
CASE) ZO-cv-OIOS) .1.
Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (Judicial Council form
This form must be filed in the superior court, not in the Court of Appeal.
APP-001) before completing this form.
A copy of this form must also be served on the other party or parties to this appeal. You may use an
as APP-009 or APP-009E) for the proof of service. When this document
applicable Judicial Council form (such with ofservice.
has been completed and a copy served, the original may then be filed with the court proof
1. NOTICE IS HEREBY GIVEN that (name): Defendant. lilnlne MediuaI Center
which was entered on (date):
appeals from the following judgment or order in this case.
August 19. 2021
Judgment after jury trial
E] Judgment after court trial
D Default judgment
motion
E] Judgment after an order granting a summary judgment
583.250, 583.360. or 583.430
E] Judgment oi dismissal under Code of Civil Procedure. §§ 581d.
demurrer
[:1 Judgment of dismissal after an order sustaining a
An order after judgment under Code Of Procedure.
Civil ’9} 904.1 (a)(2)
E]
An order or judgment under Code ofCivilProcedure, § 904.1(a)(3)—(13)
E]
C] Other (describe and specify code section that authorizes this appeal):
2. For cross-appeals only:
a. Date notice of appeal was filed in original appeal:
b. Date superior court Clerk mailed notice of original appeal:
0. Court of Appeal Case number (if known):
j3
a
,7 ,,:>
Date. i fir”5'" . 202 I. 1" "/
if
j
I;
,
/‘I/ {/3
73‘!
,//A“on
//,.r’ «a.
9’ ewe?”
) (.1
Robert H. Zimmerman f?
,r’ “i‘ié‘f’
H_
7' or PARTY 0R ATTORNEY)
(TYPE OR PRINT NAME) 511/ “((6’ICNATURE
[Xffi
Page 1cl1
Cat
NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE) Rv'egjgfvgglgjjygécgggg
Fqgggeggg$§>ggmgse
APP-002 (Rev January
1.2017) (Appellate)
Proof of Service by Electronic Transmission - Civil
[Code of Civ. Proc. §§ 1010.6, 1011, 1013, 1013a, 2015.5;
Cal. Rules of Court, rules 10.503, 2.100-2.119, 2.251]
l, Kimberly A. Powers, declare:
At the time of service, l was over 18 years of age and not a party to this action. My
business address is: 400 University Avenue, Sacramento, California 95825.
0n December 7, 2021, I served the following documents:
NOTICE OF APPEAL
By e-mail or electronic transmission: Based on a court order or an agreement
10 of the to accept service by e-mail or electronic transmission, l caused the
parties
be sent to the at the e-mail addresses listed below. l did not
11 documents to persons
or other
12 receive, within a reasonable time after the transmission, any electronic message
13 indication that the transmission was unsuccessful.
14 Phone/Fax/E-Mail
Attorney Representing
15 Sean R. Laird Plaintiffs PHONE: 916-441-1636
The Law Firm of Sean R. Laird FAX: 916-760-9002
16 1007 7th Street, Fourth Floor EMAIL:
seanlairdlaw mail.com
Sacramento, CA 95814
17
18
19
1declare under penalty of perjury, under the laws of the State of California, that the
is true and correct, and that this declaration was executed on December 7,
20 foregoing
2021, at Sacramento, California.
21
22
KMMQN. flaw/w
23 Powers
Kimberly A.
1579-12195
24
25
26
27
28
Address of surety for service under C.C.P. § 995.320:
Travelers Casualty and Surety Company of America
clo International Sureties, Ltd.
701 Poydras Street, Suite 420
New Orleans, LA 70139
cmarshall@internationalsureties.com
Address of principals for service under C.C.P. § 995.320:
Enloe Medical Center
c/o Robert H. Zimmerman
SCHUERING ZIMMERMAN & DOYLE, LLP
400 University Avenue
Sacramento, California 95825-6502
(916) 567-0400
RHZ@szs.com
Attorneys for Defendant
ENLOE MEDICAL CENTER
Bond Number: 00107509380
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF BUTTE
PATSY NEWTON, individually; HAROLD NEWTON, CASE NO. 20cv01091
individually; SUZANNE BOLEN, individually,
Plaintifl‘s, UNDERTAKING ON APPEAL
[C.C.P. § 917.1]
vs.
ENLOE MEDICAL CENTER; and DOES 1—50, et al.,
Defendants.
WHEREAS, Defendant Enloe Medical Center desires to give an undertaking for
appeal as pursuant to section 917.1 of the Code of Civil Procedure,
NOW, THEREFORE, the undersigned surety, a corporation authorized to transact a surety insurance business in the
State of California, hereby obligates itself to plaintifl‘s Patsy Newton and Harold Newton
under the aforesaid statutory obligations in the amount
of one million one hundred seventv-one thousand twenty and 74/100 (51.171.020.74)
dollars.
IN TESTIMONY WHEREOF, the said surety has caused its corporate name and seal to be hereunto afixed by its duly
authorized oficer at New Orleans LA on this [Q day of ,QQM 6U" , 2021.
This undertaking is
2021 at New Orleans
executed under penalty of perjury under California law on this /0 day of NW5“
LA by the undersigned, who declares that he/she is a duly authorized Attorney-in-Fact for said surety acting
under the attached unrevoked power of attorney.
Travelers Casualty and Surety Company of America
By: 6-WK
Conway C. M-drshall, Attorney-in-Fact
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERSJ St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,
and St.
Paul Fireand Marine Insurance Company are corporations
duly organizedunder thelaws of theState of Connecticut(hereincollectively called
the
"Companies"). and that the Companies do hereby make, constitute and appoint
Conway C Marshall of MEW ORLEANS .
Louisiana . theirtrueand lawful to
Attorney-in-Fact sign.execute. seal and acknowledge any and allbonds. recognizances.
conditional
undertakings and other writings
obligatoryinthe naturethereof on behalf of the Companies in theirbusiness of the
guaranteeing
fidelityof persons. guaranteeingthe performance of contractsand executingor guaranteeingbonds and undertakingsrequiredor permittedinany
actions or proceedings allowed by law.
IN WITNESS WHEREOF. the Companies have caused this instrument to be signed. and their corporate seals to be hereto affixed. this 17th
day of January.
2019.
.
State of Connecticut
By:
City of Hartford ss. Robert L. Raneyf’Senior Vice President
On this the 17th day of January.
2019.before me personally appearedRobert L. Raney. who acknowledged himself to be the Senior Vice President
of Travelers Casualty and Surety Company of America. Travelers Casualty and Surety
Company. and St.Paul Fire and Marine Insurance Company. and
thathe. as such. being authorizedso to do. executed the foregoinginstrumentforthe purposes therein contained on behalfof said
by signing
Companies by himself as a duly authorized officer.
KW‘
INWITNESS WHEREOF, hereunto set my hand and official seal.
|
My Commission expires the 30th day of Juno. 2021
" Anna P. Nowik. Notary Public
This Power of Attorney is granted
under and by the authority of the following
resolutions adopted
by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company.
and St. Paul Fire and
Marine Insurance Company. which resolutions are now in full
force and effect. reading as follows:
RESOLVED, that the Chairman. the President. any \fice Chairman. any Executive Vice President. any Senior Vice President. any \fice President. any
Second Vice President. the Treasurer. any Assistant Treasurer. the Corporate Secretary or any Assistant
Secretary may appoint Attomeys-in-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds, recognizances. contracts of
indemnity. and other writings obligatory in the nature of a
bond, recognizance. or conditional undertaking, and any of said officers or the Board of Directors at any time may remove
any such appointee and revoke
the power given him or her: and it is
FURTHER RESOLVED, that the Chairman. the President.any Vice Chairman.any Executive Vice President.
any Senior Vice President
or any Vice
President may delegateallor any part of the
foregoing one
authority to or more officersor employees of this that eachsuch
Company. provided
delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond. recognizance. contract of indemnity, or writing obligatory in the nature of a bond. recognizance. or conditional
undertakingshall be valid and upon the Company when
binding (a)signed by thePresident.any Vice Chairman.any Executive VicePresident, any
Senior VicePresidentor any Vice President, Second Vice the
any President, Treasurer.any AssistantTreasurer.the CorporateSecretary or any
Assistant Secretary and duly attested and
sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if
one
required) by ormore and
Attorneys-in-Fact Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one
or more Company officers pursuant to a written delegation of
authority; and it is
FURTHER RESOLVED. that the signature of each of the following officers: President. any Executive Vice President.
any Senior Vrce President. any \fice
President.
any Assistant \frce
President, any Secretary. any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of
Attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys-in-Fact for purposes
only of
executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and any such Power of Attorney or certificate
such facsimile signature or facsimile seal shall be valid and binding upon the bearing
Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
l.Kevin E. Hughes. the undersigned.AssistantSecretary of TravelersCasualtyand of Travelers
SuretyCompany America. Casualty and Surety
Company. and St.Paul Fire and Marine
Insurance Company, do hereby certify that the above and foregoing is a true and correct
copy of thePower of
Attorney executed by said Companies, which remains in full force and effect.
I I
.Deumfiu
I
Dated this /0 day of 207/!
we
w
Kevin E. Hughes. Assfitant Secretary
To verlfi fire audienficity of Uris Power ofA (tamey, please call us at 1-800-421-3880.
Please refer to Ute aha Ire-named Attomey-in-Fact and fire deaf/5 of Ute band ta which this Power ofA
ttamey is attached.
Proof of Service by Electronic Transmission - Civil
1234567009
[Code of Civ. Proc. §§ 1010.6, 1011, 1013, 1013a, 2015.5;
Cal. Rules of Court, rules 10.503, 2.100-2.119, 2.251]
1,Kimberly A. Powers, declare:
At the time of service, I was over 18 years of age and not a party to this action. My
business address is: 400 University Avenue, Sacramento, California 95825.
On December 14, 2021, I served the following documents:
NOTICE OF FILING OF APPEAL BOND
By e-mail or electronic transmission: Based on a court order or an agreement of the
10 parties to accept service by e-mail or electronic transmission, 1caused the documents to
ll be sent to the persons at the e-mail addresses listed below. Idid not receive, within a
12 reasonable time after the transmission, any electronic message or other indication that
l3 the transmission was unsuccessful.
l4 Representing Phone/Fax/E-Mail
Attorney
15 Sean R. Laird
‘
Plaintiffs PHONE: 916-441-1636
The Law Firm of Sean R. Laird FAX: 916-760-9002
16 1007 7th Street, Fourth Floor EMAIL:
Sacramento, CA 95814 seanlairdlawéflgmailcom
l7
18
l9 Ideclare under penalty of perjury, under the laws of the State of California, that the
20 and that this declaration was executed on December 14,
foregoing is true and correct,
21
2021, at Sacramento, California.
22
23 Kaméué x4. paw/m
24 Kimberly K. Powers
1579-12195
25
26
27
28
Preview
F 1234567009 ROBERT H. ZIMMERMAN, BAR No. 84345 IAN A. SCHRG, BAR No. 285304 scum «Bum l SCHUERING ZIMMERMAN & DOYLE, LLP l 400 University Avenue |_ 12/14/2021 L Sacramento, California 95825-6502 E E (916) 567-0400 FAX: 568-0400 D D B! — m FILED mini? Attorneys for Defendant ENLOE MEDICAL CENTER SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 10 PATSY NEWTON, individually; HAROLD NO. 20CV01091 NEWTON, individually; SUZANNE 11 BOLDEN, individually, ASSIGNED TO JUDGE TAMARA L. MOSBARGER FOR ALL PURPOSES 12 Plaintiffs, NOTICE OF FILING OF APPEAL BOND 13 VS. 14 ENLOE MEDICAL CENTER; and DOES l - 50, et al., 15 Defendants. 16 17 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 18 PLEASE TAKE NOTICE that defendant-appellant ENLOE MEDICAL CENTER has 19 timely filed the attached Notice of Appeal and a $1,171,020.74 appeal bond under Code 20 of Civil Procedure section 917.1 to stay execution of plaintiff’s judgment dated August 19, 21 2021. (See Code Civ. Proc.., §§ 916, 917.1; see also Witkin, Cal. Procedure (5m Ed. 2008) 22 Appeal, §17, p. 78; Id. § 221, p. 289 [“A stay of enforcement is the suspension of the right 23 to enforce the judgment by execution or other means”]; ld., §222, p. 290 [“A stay, 24 obtained by any method, prevents any further proceedings to enforce the judgment or 25 order”].) 26 NOTICE IS FURTHER GIVEN that filing this bond not only stays execution of the 27 order but also extinguishes any existing execution liens. Property held subject to any 28 extinguished liens must be released by the levying officer to Defendant-Appellant Enloe 01411083.WPD I NOTICE OF FILING OF APPEAL BOND Medical and no execution or other enforcement liens may be created or 1234567009 Center, continued while the stay pending appeal is in effect. (See Code Civ. Proc. §§ 697.040, 697.050, 699.060, 917.1; California Commerce Bank U. Superior Court (1992) 8 Cal.App.4th 582, 584-588; see Eisenberg, California Practice Guide: Civil Appeals and Writs (The Rutter 2016) 7:134.5; pp. 7-49 to 7-50; 8 Witkin, Cal. Procedure (5m Ed. 2008) Group ‘ll Enforcement of Judgment section 67, p. 109.) Dated: December l4, 2021 SCHUERING ZIMMERMAN & DOYLE, LLP cx/m fl. 54:16»? 10 By IAN A. SCHARG 11 for Defendant EN LOE MEDICAL CENTE Attomefis 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01411083.WPD 2 NOTICE OF FILING OF APPEAL BOND APP-002 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR No FOR COURT USE 0”” : 8,1 345 NAME: Robert H. Zimmerman FIRM NAME Schuering Zimmerman & Doyie, IJLI’ F Suwflu CUUIIUI CdHIUW F STREET ADDRESS: 400 University Avenue Cwm‘r 0f Butte I CITY: Sacramen to STATE: CA 2"" CODE 95825 I TELEPHoNE No: (916) 567-04 00 w No (916) 508-0400 L 12/7/2021 L EMAIL ADDRESS: rh'l. a $23.00 In E E ATTORNEY FOR (name): Enloe Medical Center D - ‘ Clerk ImaIIan M D SUPERIOR COURT OF CALIFORNIA, COUNTY OF B U’I"l‘li) n; 09pm STREETADDRESS: 1775 Concord Avenue E‘éctfo'wctu‘r F MAILING ADDRESSI I775 Concord Avenue CITY AND ZIP CODE: Chico, CA 95928 BRANCH NAME: North Butte County Courthouse PLAINTIFF/PETITIONER: PATSY NEWI‘ON; HAROLD NEW'I‘ON DEFENDANT/RESPONDENT: ENLOE MEDICAL CEN'I‘IER CASENWBER? I____l' NOTICE OF APPEAL (UNLIMITED CIVIL II]CROSS-APPEAL CASE) ZO-cv-OIOS) .1. Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (Judicial Council form This form must be filed in the superior court, not in the Court of Appeal. APP-001) before completing this form. A copy of this form must also be served on the other party or parties to this appeal. You may use an as APP-009 or APP-009E) for the proof of service. When this document applicable Judicial Council form (such with ofservice. has been completed and a copy served, the original may then be filed with the court proof 1. NOTICE IS HEREBY GIVEN that (name): Defendant. lilnlne MediuaI Center which was entered on (date): appeals from the following judgment or order in this case. August 19. 2021 Judgment after jury trial E] Judgment after court trial D Default judgment motion E] Judgment after an order granting a summary judgment 583.250, 583.360. or 583.430 E] Judgment oi dismissal under Code of Civil Procedure. §§ 581d. demurrer [:1 Judgment of dismissal after an order sustaining a An order after judgment under Code Of Procedure. Civil ’9} 904.1 (a)(2) E] An order or judgment under Code ofCivilProcedure, § 904.1(a)(3)—(13) E] C] Other (describe and specify code section that authorizes this appeal): 2. For cross-appeals only: a. Date notice of appeal was filed in original appeal: b. Date superior court Clerk mailed notice of original appeal: 0. Court of Appeal Case number (if known): j3 a ,7 ,,:> Date. i fir”5'" . 202 I. 1" "/ if j I; , /‘I/ {/3 73‘! ,//A“on //,.r’ «a. 9’ ewe?” ) (.1 Robert H. Zimmerman f? ,r’ “i‘ié‘f’ H_ 7' or PARTY 0R ATTORNEY) (TYPE OR PRINT NAME) 511/ “((6’ICNATURE [Xffi Page 1cl1 Cat NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE) Rv'egjgfvgglgjjygécgggg Fqgggeggg$§>ggmgse APP-002 (Rev January 1.2017) (Appellate) Proof of Service by Electronic Transmission - Civil [Code of Civ. Proc. §§ 1010.6, 1011, 1013, 1013a, 2015.5; Cal. Rules of Court, rules 10.503, 2.100-2.119, 2.251] l, Kimberly A. Powers, declare: At the time of service, l was over 18 years of age and not a party to this action. My business address is: 400 University Avenue, Sacramento, California 95825. 0n December 7, 2021, I served the following documents: NOTICE OF APPEAL By e-mail or electronic transmission: Based on a court order or an agreement 10 of the to accept service by e-mail or electronic transmission, l caused the parties be sent to the at the e-mail addresses listed below. l did not 11 documents to persons or other 12 receive, within a reasonable time after the transmission, any electronic message 13 indication that the transmission was unsuccessful. 14 Phone/Fax/E-Mail Attorney Representing 15 Sean R. Laird Plaintiffs PHONE: 916-441-1636 The Law Firm of Sean R. Laird FAX: 916-760-9002 16 1007 7th Street, Fourth Floor EMAIL: seanlairdlaw mail.com Sacramento, CA 95814 17 18 19 1declare under penalty of perjury, under the laws of the State of California, that the is true and correct, and that this declaration was executed on December 7, 20 foregoing 2021, at Sacramento, California. 21 22 KMMQN. flaw/w 23 Powers Kimberly A. 1579-12195 24 25 26 27 28 Address of surety for service under C.C.P. § 995.320: Travelers Casualty and Surety Company of America clo International Sureties, Ltd. 701 Poydras Street, Suite 420 New Orleans, LA 70139 cmarshall@internationalsureties.com Address of principals for service under C.C.P. § 995.320: Enloe Medical Center c/o Robert H. Zimmerman SCHUERING ZIMMERMAN & DOYLE, LLP 400 University Avenue Sacramento, California 95825-6502 (916) 567-0400 RHZ@szs.com Attorneys for Defendant ENLOE MEDICAL CENTER Bond Number: 00107509380 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF BUTTE PATSY NEWTON, individually; HAROLD NEWTON, CASE NO. 20cv01091 individually; SUZANNE BOLEN, individually, Plaintifl‘s, UNDERTAKING ON APPEAL [C.C.P. § 917.1] vs. ENLOE MEDICAL CENTER; and DOES 1—50, et al., Defendants. WHEREAS, Defendant Enloe Medical Center desires to give an undertaking for appeal as pursuant to section 917.1 of the Code of Civil Procedure, NOW, THEREFORE, the undersigned surety, a corporation authorized to transact a surety insurance business in the State of California, hereby obligates itself to plaintifl‘s Patsy Newton and Harold Newton under the aforesaid statutory obligations in the amount of one million one hundred seventv-one thousand twenty and 74/100 (51.171.020.74) dollars. IN TESTIMONY WHEREOF, the said surety has caused its corporate name and seal to be hereunto afixed by its duly authorized oficer at New Orleans LA on this [Q day of ,QQM 6U" , 2021. This undertaking is 2021 at New Orleans executed under penalty of perjury under California law on this /0 day of NW5“ LA by the undersigned, who declares that he/she is a duly authorized Attorney-in-Fact for said surety acting under the attached unrevoked power of attorney. Travelers Casualty and Surety Company of America By: 6-WK Conway C. M-drshall, Attorney-in-Fact Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERSJ St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fireand Marine Insurance Company are corporations duly organizedunder thelaws of theState of Connecticut(hereincollectively called the "Companies"). and that the Companies do hereby make, constitute and appoint Conway C Marshall of MEW ORLEANS . Louisiana . theirtrueand lawful to Attorney-in-Fact sign.execute. seal and acknowledge any and allbonds. recognizances. conditional undertakings and other writings obligatoryinthe naturethereof on behalf of the Companies in theirbusiness of the guaranteeing fidelityof persons. guaranteeingthe performance of contractsand executingor guaranteeingbonds and undertakingsrequiredor permittedinany actions or proceedings allowed by law. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed. and their corporate seals to be hereto affixed. this 17th day of January. 2019. . State of Connecticut By: City of Hartford ss. Robert L. Raneyf’Senior Vice President On this the 17th day of January. 2019.before me personally appearedRobert L. Raney. who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company. and St.Paul Fire and Marine Insurance Company. and thathe. as such. being authorizedso to do. executed the foregoinginstrumentforthe purposes therein contained on behalfof said by signing Companies by himself as a duly authorized officer. KW‘ INWITNESS WHEREOF, hereunto set my hand and official seal. | My Commission expires the 30th day of Juno. 2021 " Anna P. Nowik. Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company. and St. Paul Fire and Marine Insurance Company. which resolutions are now in full force and effect. reading as follows: RESOLVED, that the Chairman. the President. any \fice Chairman. any Executive Vice President. any Senior Vice President. any \fice President. any Second Vice President. the Treasurer. any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances. contracts of indemnity. and other writings obligatory in the nature of a bond, recognizance. or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is FURTHER RESOLVED, that the Chairman. the President.any Vice Chairman.any Executive Vice President. any Senior Vice President or any Vice President may delegateallor any part of the foregoing one authority to or more officersor employees of this that eachsuch Company. provided delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond. recognizance. contract of indemnity, or writing obligatory in the nature of a bond. recognizance. or conditional undertakingshall be valid and upon the Company when binding (a)signed by thePresident.any Vice Chairman.any Executive VicePresident, any Senior VicePresidentor any Vice President, Second Vice the any President, Treasurer.any AssistantTreasurer.the CorporateSecretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if one required) by ormore and Attorneys-in-Fact Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED. that the signature of each of the following officers: President. any Executive Vice President. any Senior Vrce President. any \fice President. any Assistant \frce President, any Secretary. any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and any such Power of Attorney or certificate such facsimile signature or facsimile seal shall be valid and binding upon the bearing Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. l.Kevin E. Hughes. the undersigned.AssistantSecretary of TravelersCasualtyand of Travelers SuretyCompany America. Casualty and Surety Company. and St.Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of thePower of Attorney executed by said Companies, which remains in full force and effect. I I .Deumfiu I Dated this /0 day of 207/! we w Kevin E. Hughes. Assfitant Secretary To verlfi fire audienficity of Uris Power ofA (tamey, please call us at 1-800-421-3880. Please refer to Ute aha Ire-named Attomey-in-Fact and fire deaf/5 of Ute band ta which this Power ofA ttamey is attached. Proof of Service by Electronic Transmission - Civil 1234567009 [Code of Civ. Proc. §§ 1010.6, 1011, 1013, 1013a, 2015.5; Cal. Rules of Court, rules 10.503, 2.100-2.119, 2.251] 1,Kimberly A. Powers, declare: At the time of service, I was over 18 years of age and not a party to this action. My business address is: 400 University Avenue, Sacramento, California 95825. On December 14, 2021, I served the following documents: NOTICE OF FILING OF APPEAL BOND By e-mail or electronic transmission: Based on a court order or an agreement of the 10 parties to accept service by e-mail or electronic transmission, 1caused the documents to ll be sent to the persons at the e-mail addresses listed below. Idid not receive, within a 12 reasonable time after the transmission, any electronic message or other indication that l3 the transmission was unsuccessful. l4 Representing Phone/Fax/E-Mail Attorney 15 Sean R. Laird ‘ Plaintiffs PHONE: 916-441-1636 The Law Firm of Sean R. Laird FAX: 916-760-9002 16 1007 7th Street, Fourth Floor EMAIL: Sacramento, CA 95814 seanlairdlawéflgmailcom l7 18 l9 Ideclare under penalty of perjury, under the laws of the State of California, that the 20 and that this declaration was executed on December 14, foregoing is true and correct, 21 2021, at Sacramento, California. 22 23 Kaméué x4. paw/m 24 Kimberly K. Powers 1579-12195 25 26 27 28