Preview
CM-110
(Name,
ATTORNEY OR PARTY WITHOUTATTORNEY Stalesarnumaer and addressr FOR COURT USE ONL Y
DAVID E. SMITH (SBN 72703) I ELISA R. ZITANO (SBN 91819)
Smith Zitano Law Firm
641 Fulton Avenue, Suite 200, Sacramento, CA 95825
916-333-5933
TELEPHONE NO.. FAX NO (Opfronas;
E.MAIL ADDRESS (Opaonal):
plaintiff
ATTDRNEY FoR (Namex
2/2/2022
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
BTREETADDREss.1775 Concord Avenue
MAILINGADDREss'ame as above
clTY AND ZIP coDE:
Chico, CA 95928
BRANCH NAME:
PLAINTIFF/PETITIONER: DAVID EICHOR
DEFENDANT/RESPONDENT: LIONEL FOSTER JR, ET AL
(Check one):
CASE MANAGEMENT STATEMENT
UNLIMITED CASE
(Amount demanded
~ LIMITED CASE
(Amount demanded is $ 25,000
CASE NUMBER
21CV00711
exceeds $ 25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date February 9, 2022 Time 10:30 a.m. Dept.: 6 Divx Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name)( David Smith
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a.
b. ~
~E This statement is submitted by party (name): DAVID EICHOR
This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainsnts on/y)
a.
b. ~
The complaint was flied on (date):3.24.2021
The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs snd cross-complainants only)
~v'll
a.
b. ~ parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
~
The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) ~ have been served but have not appeared and have not been dismissed (specify names):
(3) ~ have had a default entered against them (specify names):
c. ~ The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in ~v complaint cross-complaint (Describe, including causes of action):
Medical Malpractice.
Peael ore
Form Adoplod fa Mandalmy Use CASE MANAGEMENT STATEMENT Cel Rules of Court,
Judldol councd af ceafomla rules 3 7200 730
CM.110 IRev, July I, 2011] www cour(a. ca, Sou
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER: DAVID EICHOR
21CV00711
DEFENDANT/RESPONDENT. LIONEL FOSTER JR, ET AL
b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses Io date (lndlcale source and amounlj, esffmeled future medical expenses, lost
earnings io date, and estimated fulure lost earning. If equitable relief is sought, describe the nature of the re/ief)
From on or about February 5, 2020 and continuing through on or about March 12, 2020, and continuing
thereafter, Defendants, and each of them, negligently cared for, diagnosed, and treated Plaintiff, DAVID EICHOR,
and failed to exercise the standard of care and skill of a urologic surgeon in the performance of an open surgical
prostatectomy, resulting in severe and permanent physical injuries requiring additional surgeries.
(If more space is needed, check this box and aitach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request
requesting B jury trial):
He' jury trial H a nonjury trial. (If more than one party, provide the name of each party
a.
b.
~
Trial date
~ The trial has been set for (date):
No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (lf
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailabi/ity):
4.11.2022 (10 days); 4,25.2022 (10 days); 5.16.2022 (5 days); 5.17.2022; 5.23.2022 (5 days); 7.16.2022 (10
days) 9.06.2022; 9.12.2022 (7 days)1.23.2023; 2.27.2023; 4.17.2023; 5.22.2023
Estimated length of trial
a.
b.
~
The party or parties estimate that the trial will take (check one):
~ days (specify number): 5-7
hours (short causes) (specify):
a. Attorney:
~
Trial representation ito be answered for each party)
The party or parties will be represented at trial ~
by the attorney or party listed in the caption by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
Preference
This case is entitled to preference (specify
code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel IX has H has not
in rule 3.221 to the client and reviewed ADR options with the client.
provided the ADR information package identified
(2) Forself-represented parties:Party% has H has not reviewedtheADR informationpackageidentifiedinrule3.221.
b.
(1) ~
Referral to judicial arbitration or civil action mediation (if available).
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Cods of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) ~ Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
CivilProcedure section 1141.11.
(3) ~ This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq, (specify exemption);
CM-110 IRev July
2011] Page 2 of 6
1
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER'AVID EICHOR
EFENDANT/RESPONDENT:
21CV00711
LIONEL FOSTER JR, ET AL !
10. c. Indicatethe ADR process or processes that the party or parties are willing to participate in, have agreed to participate
in,or
have already participated in (check ail that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties'DR
processes (check all that apply):stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (dale):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (dale):
(3) Neutral evaluation
C3 Agreed to complete neutral evaluation by (date)i
Neutral evaluation completed on (dale):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (dale):
arbitration
Agreed to complete judicial arbitration by (dale):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (dafe):
Private arbitration completed on (dale);
ADR session not yet scheduled
C3 ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (dale):
ADR completed on (date);
CM-110IRev Julyl,2011l Pllge 3 Of 6
CASE MANAGEMENT STATEMENT
OM 110
CASE
PLAINTIFFIPETITIONER1 'DAVID EICHOR NUMBER'1CV00711
DEFENDANT/RESPONDENT: LIONEL FOSTER JR, ET AL
s. ~
11,Insurance
Insurance carrier, if any, for party filing this statement (name):
M H
b.
c. ~
Reservation of rights: Yes No
Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
~
Indicate any matters that may affect the couKB jurisdiction or processing of this case and describe the status.
Status;
Bankruptcy M Other (specify):
a ~
13. Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court
(3) Case number:
b.
~
H
(4) Status:
Additionalcases are described
A motion to H
in Attachment 13a.
consolidate H coordinate willbe filed by (nsms party):
~
14. Bifurcation
The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and seasons):
15
~Other motions
The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues):
16
a.
b.
~
Discovery
~V
The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe s/I anticipated discovery):
~Pa Descriotion ~Da e
Plaintiff Written Discovery April 2022
Plaintiff Depositions of Defendants June 2022
Plaintiff Depositions of Non-Party Treating Providers Sept 2022
Plaintiff Depositions of Expert Witnesses Per Code
c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rey July
201 f] pege4 of 4
1,
CASE MANAGEMENT STATEMENT
CM-110
CASE NIJMBER:
PLAINTIFF/PETITIONER: DAVID EICHOR
21CV00711
pEFENpANTiRFEppNpFNT LIONEL FOSTER JR, ET AL
17.
a. ~
Economic litigation
This is a limited civil case (i.eu the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code
b. ~ of Civil Procedure sections 90-98 will apply to this case.
This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18.
~
Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19.
a ~
Meet and confer
The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specily):
20. Total number of pages attached (ii any): 0
Iam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: February 2, 2022
DAVID E. SMITH I ELISA R. ZITANO
(TYPE OR PRINT NAME) (SIENATU RE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
~ (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 IRev. July I, 2011) Pege6016
CASE MANAGEMENT STATEMENT
Iiet David Eichor v. Lionei Foster, Jr., MD., et ai.
Butte Superior Court Case No.t 21-CV-00711
DECLARATION OF SERVICE BY MAIL
(CCP 1013a, 2015.5)
The undersigned declares:
I am a resident of the State of California and over the age of 18 years, and not a party to
the within action. My business address is 641 Fulton Avenue, Suite 200, Sacramento, California
95825. On the date set forth below, I served the following documents
CASE MANAGEMENT STATEMENT
X ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to
the persons at the e-mail address(es). 'I'his is necessitated during the declared National Emergency
due to thc Coronavirus (Covid-19) pandemic because this ofhce will be working remotely, not
able to send physical mail as usual, and is therefore using only electronic mail. No electronic
message or other indication that the transmission was unsuccesslul was received within a
reasonable time aher the transmission. We will provide a physical copy, upon request only, when
we return to the oAice at the conclusion of the national emergency.
10
Robert H. Zimmerman, Esq. Attorneys for Defendants LIONEL S. FOSTER,
David Van Dam, Esq. JR, M.D. (erroneously sued as LIONEL
12 Schuering Zimmerman & Doyle, LLP FOSTER, JR, M.D.), DOVE'S LANDING
400 University Avenue
Sacramento, CA 95825 MULTISPECIALTY PRACTICE (erroneously
13
T: (916) 567-0400 sued as OROVILLE HOSPITAL UROLOGY),
14 F: (916) 568-0400 OROVILLE HOSPITAL, OROHEALTH
CORPORATION, and
15 Email: RHZ@szs. corn ROBERT J. WENTZ
D JV szs.corn
16 dmkHszs.corn (Donna Keim)
17 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration was executed at Sacramento, California on
18 September 13, 2021.
19
KATHLEEN LOPEZ
20
21
22
23
24
25
26
27
28
PROOF OF SERVICE
Preview
CM-110 (Name, ATTORNEY OR PARTY WITHOUTATTORNEY Stalesarnumaer and addressr FOR COURT USE ONL Y DAVID E. SMITH (SBN 72703) I ELISA R. ZITANO (SBN 91819) Smith Zitano Law Firm 641 Fulton Avenue, Suite 200, Sacramento, CA 95825 916-333-5933 TELEPHONE NO.. FAX NO (Opfronas; E.MAIL ADDRESS (Opaonal): plaintiff ATTDRNEY FoR (Namex 2/2/2022 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE BTREETADDREss.1775 Concord Avenue MAILINGADDREss'ame as above clTY AND ZIP coDE: Chico, CA 95928 BRANCH NAME: PLAINTIFF/PETITIONER: DAVID EICHOR DEFENDANT/RESPONDENT: LIONEL FOSTER JR, ET AL (Check one): CASE MANAGEMENT STATEMENT UNLIMITED CASE (Amount demanded ~ LIMITED CASE (Amount demanded is $ 25,000 CASE NUMBER 21CV00711 exceeds $ 25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date February 9, 2022 Time 10:30 a.m. Dept.: 6 Divx Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name)( David Smith INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. b. ~ ~E This statement is submitted by party (name): DAVID EICHOR This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainsnts on/y) a. b. ~ The complaint was flied on (date):3.24.2021 The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs snd cross-complainants only) ~v'll a. b. ~ parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. ~ The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in ~v complaint cross-complaint (Describe, including causes of action): Medical Malpractice. Peael ore Form Adoplod fa Mandalmy Use CASE MANAGEMENT STATEMENT Cel Rules of Court, Judldol councd af ceafomla rules 3 7200 730 CM.110 IRev, July I, 2011] www cour(a. ca, Sou CM-110 CASE NUMBER PLAINTIFF/PETITIONER: DAVID EICHOR 21CV00711 DEFENDANT/RESPONDENT. LIONEL FOSTER JR, ET AL b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses Io date (lndlcale source and amounlj, esffmeled future medical expenses, lost earnings io date, and estimated fulure lost earning. If equitable relief is sought, describe the nature of the re/ief) From on or about February 5, 2020 and continuing through on or about March 12, 2020, and continuing thereafter, Defendants, and each of them, negligently cared for, diagnosed, and treated Plaintiff, DAVID EICHOR, and failed to exercise the standard of care and skill of a urologic surgeon in the performance of an open surgical prostatectomy, resulting in severe and permanent physical injuries requiring additional surgeries. (If more space is needed, check this box and aitach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request requesting B jury trial): He' jury trial H a nonjury trial. (If more than one party, provide the name of each party a. b. ~ Trial date ~ The trial has been set for (date): No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (lf not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailabi/ity): 4.11.2022 (10 days); 4,25.2022 (10 days); 5.16.2022 (5 days); 5.17.2022; 5.23.2022 (5 days); 7.16.2022 (10 days) 9.06.2022; 9.12.2022 (7 days)1.23.2023; 2.27.2023; 4.17.2023; 5.22.2023 Estimated length of trial a. b. ~ The party or parties estimate that the trial will take (check one): ~ days (specify number): 5-7 hours (short causes) (specify): a. Attorney: ~ Trial representation ito be answered for each party) The party or parties will be represented at trial ~ by the attorney or party listed in the caption by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel IX has H has not in rule 3.221 to the client and reviewed ADR options with the client. provided the ADR information package identified (2) Forself-represented parties:Party% has H has not reviewedtheADR informationpackageidentifiedinrule3.221. b. (1) ~ Referral to judicial arbitration or civil action mediation (if available). This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Cods of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) ~ Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of CivilProcedure section 1141.11. (3) ~ This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq, (specify exemption); CM-110 IRev July 2011] Page 2 of 6 1 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER PLAINTIFF/PETITIONER'AVID EICHOR EFENDANT/RESPONDENT: 21CV00711 LIONEL FOSTER JR, ET AL ! 10. c. Indicatethe ADR process or processes that the party or parties are willing to participate in, have agreed to participate in,or have already participated in (check ail that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties'DR processes (check all that apply):stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (dale): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dale): (3) Neutral evaluation C3 Agreed to complete neutral evaluation by (date)i Neutral evaluation completed on (dale): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (dale): arbitration Agreed to complete judicial arbitration by (dale): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (dafe): Private arbitration completed on (dale); ADR session not yet scheduled C3 ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (dale): ADR completed on (date); CM-110IRev Julyl,2011l Pllge 3 Of 6 CASE MANAGEMENT STATEMENT OM 110 CASE PLAINTIFFIPETITIONER1 'DAVID EICHOR NUMBER'1CV00711 DEFENDANT/RESPONDENT: LIONEL FOSTER JR, ET AL s. ~ 11,Insurance Insurance carrier, if any, for party filing this statement (name): M H b. c. ~ Reservation of rights: Yes No Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction ~ Indicate any matters that may affect the couKB jurisdiction or processing of this case and describe the status. Status; Bankruptcy M Other (specify): a ~ 13. Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Name of case: (2) Name of court (3) Case number: b. ~ H (4) Status: Additionalcases are described A motion to H in Attachment 13a. consolidate H coordinate willbe filed by (nsms party): ~ 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and seasons): 15 ~Other motions The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16 a. b. ~ Discovery ~V The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe s/I anticipated discovery): ~Pa Descriotion ~Da e Plaintiff Written Discovery April 2022 Plaintiff Depositions of Defendants June 2022 Plaintiff Depositions of Non-Party Treating Providers Sept 2022 Plaintiff Depositions of Expert Witnesses Per Code c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rey July 201 f] pege4 of 4 1, CASE MANAGEMENT STATEMENT CM-110 CASE NIJMBER: PLAINTIFF/PETITIONER: DAVID EICHOR 21CV00711 pEFENpANTiRFEppNpFNT LIONEL FOSTER JR, ET AL 17. a. ~ Economic litigation This is a limited civil case (i.eu the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code b. ~ of Civil Procedure sections 90-98 will apply to this case. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. ~ Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. a ~ Meet and confer The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specily): 20. Total number of pages attached (ii any): 0 Iam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: February 2, 2022 DAVID E. SMITH I ELISA R. ZITANO (TYPE OR PRINT NAME) (SIENATU RE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) ~ (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 IRev. July I, 2011) Pege6016 CASE MANAGEMENT STATEMENT Iiet David Eichor v. Lionei Foster, Jr., MD., et ai. Butte Superior Court Case No.t 21-CV-00711 DECLARATION OF SERVICE BY MAIL (CCP 1013a, 2015.5) The undersigned declares: I am a resident of the State of California and over the age of 18 years, and not a party to the within action. My business address is 641 Fulton Avenue, Suite 200, Sacramento, California 95825. On the date set forth below, I served the following documents CASE MANAGEMENT STATEMENT X ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the persons at the e-mail address(es). 'I'his is necessitated during the declared National Emergency due to thc Coronavirus (Covid-19) pandemic because this ofhce will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. No electronic message or other indication that the transmission was unsuccesslul was received within a reasonable time aher the transmission. We will provide a physical copy, upon request only, when we return to the oAice at the conclusion of the national emergency. 10 Robert H. Zimmerman, Esq. Attorneys for Defendants LIONEL S. FOSTER, David Van Dam, Esq. JR, M.D. (erroneously sued as LIONEL 12 Schuering Zimmerman & Doyle, LLP FOSTER, JR, M.D.), DOVE'S LANDING 400 University Avenue Sacramento, CA 95825 MULTISPECIALTY PRACTICE (erroneously 13 T: (916) 567-0400 sued as OROVILLE HOSPITAL UROLOGY), 14 F: (916) 568-0400 OROVILLE HOSPITAL, OROHEALTH CORPORATION, and 15 Email: RHZ@szs. corn ROBERT J. WENTZ D JV szs.corn 16 dmkHszs.corn (Donna Keim) 17 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed at Sacramento, California on 18 September 13, 2021. 19 KATHLEEN LOPEZ 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE