Preview
JOHN L. SUPPLE (SBN 94582)
Jsupple@jsupplelaw.com
ROBERT R. DEERING (SBN 258043)
rdeering@jsupplelaw.com
MATTHEW SCHROEDER (SBN 273361) Electronically Filed
mschroeder@jsupplelaw.com 6/30/2021 5:55 PM
J SUPPLE LAW Superior Court of California
A Professional Corporation County of Stanislaus
990 Fifth Avenue Clerk of the Court
San Rafael, CA 94901 By: Christine Zulim, Deputy
Telephone: (415) 366-5533
Facsimile: (415) 480-6301
Attorneys for Defendants
COVENANT CARE CALIFORNIA, LLC dba TURLOCK NURSING
AND REHABILITATION CENTER; COVENANT CARE, LLC
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF STANISLAUS
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2s
~ 3Ba LARRY B. DIGNES (Decedent) by and through Case No. CV-20-004057
a 13 his Successors-In-Interest SHEILA M. LOWE, an
atu
ase 14 individual; LORI M. KIRCHERT, an individual DECLARATION OF MATTHEW
aes SCHROEDER IN SUPPORT OF
ws
2s
an 15 Plaintiff, MOTION TO COMPEL
ARBITRATION
16 vs.
Accompanying Documents:
17 COVENANT CARE CALIFORNIA, LLC dba 1) Reply Memorandum of Points &
18 TURLOCK NURSING AND Authorities
REHABILITATION CENTER; COVENANT 2) Evidentiary Objections
19 CARE, LLC, a Delaware Corporation; and 3) Proof of Service
DOES | through 50, inclusive,
20 Date: July 8, 2021
Defendants. Time: 8:30 a.m.
21
Dept: 24
22 Judge: Sonny S. Sandhu
23
Complaint Filed: September 18, 2020
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1
DECLARATION OF MATTHEW SCHROEDER IN SUPPORT OF MOTION TO COMPEL ARBITRATION
I, Matthew Schroeder declare that:
1 I am an attorney at law duly admitted and licensed to practice law before all
courts in the State of California and am an associate with the law firm of J Supple Law, P.C.,
attorneys of record for Defendants COVENANT CARE CALIFORNIA, LLC dba TURLOCK
NURSING AND REHABILITATION CENTER and COVENANT CARE, LLC (collectively,
“Defendants”). I am personally familiar with the facts set forth herein, which are stated upon my
personal knowledge. If called upon to do so, I would competently testify as to the following.
2 Attached hereto as Exhibit 1 is a true and correct copy of the condensed Deposition
Transcript for Deanna Brummell in its entirety.
10 3 Attached hereto as Exhibit 1a are true and correct copies of highlighted excerpts
11 of the Deposition Transcript of Deanna Brummell.
12 I declare under penalty of perjury under the laws of the State of California that the
2s
~ 3Ba
a 13 foregoing is true and correct.
atu
14 Executed this 30" day of June 2021 at Oakland, California.
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19 MATTHEW SCHROEDER
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-2-
DECLARATION OF MATTHEW SCHROEDER IN SUPPORT OF MOTION TO COMPEL ARBITRATION
Exhibit 1
Deanna Brummell
Page 1
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF STANISLAUS
---000---
LARRY B. DIGNES (Decedent) by
and through his
Successors-In-Interest SHEILA M.
LOWE, an individual; LORI M.
KIRCHERT, an individual, Case No.
Cv-20-004057
Plaintiffs,
vs.
COVENANT CARE CALIFORNIA, LLC
dba TURLOCK NURSING AND
REHABILITATION CENTER; COVENANT
CARE, LLC, a Delaware
Corporation; and DOES 1 through
50, inclusive,
Defendants.
Videotaped Videoconference Deposition of
DEANNA BRUMMELL
PMK Re: Arbitration Agreements
May 27, 2021
Reported By: ALICIA FORBERG, C.S.R. 12558
University Reporters 916-567-1550
Deanna Brummell
Page 2 Page 3
APPEARANCES INDEX OF EXAMINATIONS
EXAMINATION PAGE LINE
Appearing Remotely For The Plantif, LARRY B, DIGNES MS. MARTUCCI 5 13
(ecedent) by and through is Suocessors-In-Inerest SHEILAM. MR. SCHROEDER, 719 8
‘LOWE, an individual; LOREM. KIRCHERT, an individual: MS. MARTUCCI 80 7
York Law Corporation
By: VIRGINIA MARTUCCT
Attomey at Law -000-~
1111 Exposition Bud, Building 500 INDEX OF EXHIBITS
Sacramento, Califia 95815
16685-2200 10 NO. DESCRIPTION PAGE LINE
‘martuci@yocklavtirmnet
10 ll 1 Second Amended Notice of Deposition of 16 19
u Appearing Remotely For The Defendants, COVENANT CARE Deanna Brummell and Request for
CALIFORNIA, LLC doa TURLOCK NURSING AND REHABILITATION CENTER; 12 Production of Documents, 5 pgs.
12 COVENANT CARE, LLC, a Delaware Corporation 13 2. Declaration of Deanna Brummell in 32 17
13 4 Supple Law
By: MATTHEW SCHROEDER Support of Motion to Compel Arbitration,
u Attomey at Law 14 14 pes.
990 Fh Avene 15 3 Medical Record Request and Admission 535
15 San Rafe, Califo 94901 records, 5 pgs.
415/366-5533 16
16 rmschroeder@jsuplelaw-com
7
18 Videographer: 17
19 Sacramento Legal Video Center 18
By: SEAN MCALEER 19
20 Attomey at Law
3550 Watt Avenue, Suite 140 20
a Sacramento, Califia 95821 21
9161451-7600 22
2 23
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Page 4 Page 5
BE IT REMEMBERED that on Thursday, May 27, 2021, 10:08:39 Care California, LLC, dba Turlock Nursing and Rehabilitation
commencing at the hour of 10:07 a.m., the following proceeding, 10 Center, and Covenant Care, LLC, the defendants.
occurred: 10 THE VIDEOGRAPHER: Would the reporter please swear in
--000— 10 58 the witness,
10 ‘THE VIDEOGRAPHER: My name is Sean McAleer, and I'm the —000—
13 videographer. I will be recording this proceeding on behalfof Before Alicia Forberg, CSR, empowered to administer
16 Sacramento Legal Video Center, LLC, located at 3550 Watt ‘oaths, appearing remotely:
22 Avenue, Suite 140, in Sacramento, California. DEANNA BRUMMELL,
10 26 ‘The date is May 27th, 2021. The time on the video a witness in the within-entitled action, called as a witness by
a1 10 ‘monitor is 10:07 a.m. This deposition is being held virtually 10 Plaintiff herein, who, having been duly sworn, was examined as
39 11 by videoconference, with the witness appearing remotely. 1. hereinafter set forth.
43 12 ‘We are here in the matter of Dignes versus Covenant 12 —000—
10 48 13 Care California, et al., filed in the Superior Court of 10 00 13 EXAMINATION BY MS. MARTUCCI
14 California, for the County of Stanislaus, Case No. CV-20004057. 10 14 Q Good morning, Ms. Brummell. We haven't met yet, but my
08 02 15 This is the deposition of Deanna Brummell. The 10 15 name is Virginia Martucci, and like I said, I represent the
08 06 16 noticing attorney is Virginia Martucci. The court reporter is 10 16 plaintifis.
08 10 aq Alicia Forberg of University Reporters, 10 17 Would you please spell your first and last name for the
10 08 14 18 This is a single-track recording. Overlapping voices 10 109: aL 18 record,
08: a 19 cannot be separated. Private discussions on the record will 10 19 De. ea, last name is Ba-u-m-m-e-L.
10 08: 21 20 also be recorded. 10 20 ‘Am I saying your last name right, Brummell?
10 08: 28 21 ‘Would counsel please identify yourselves, your firms, 10 21 Correct.
22 and those you represent. 10 24 22 Thank you.
08 29 23 MS. MARTUCCI: My name is Virginia Martueci of the York 10 30 23 Do you have anybody else in the room with you this
08 32 24 Law Firm, and I represent the plaintiff. 10 24 morning?
08 34 25 MR. SCHROEDER: Matthew Schroeder on behalf of Covenant 10 25 A Ido not,
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University Reporters 916-567-1550
Deanna Brummell
Page 6 Page 7
10 33 Q And then where are you located right now? Just 10 10 55 Q Okay, And you're doing a great job of this so far, but
10 generally, where are you taking your deposition fron 10 aL the court reporter also requires us to make verbal responses,
10 09 39 A Tam at the Hampton Inn in Turlock. 10 aL 05 So no head nods, no uh-huh, it has to be a yes or no or some
10 09 42 Q Have you ever had your deposition taken before? 10 aL 12 other verbal response, Okay?
10 09 ” A No. 10 aL 13 A Okay.
10 09 48 Q Okay. So before we get into the questions, Im going 10 aL 13 Q And at times your attomey may want to make an
10 09 56 to give you what we call ground rules. And you may have 10 aL 19 objection, or state something on the record after I as youa
10 09 59 already gone over this with your attomey, Mr. Schroeder, 10 aL 23 ques n. So for that reason, after I ask a question you might
10 10 02 forgive me if Im repeating some of the things he's already 10 aL 27 ‘want to wait a beat, one or two secon 0 that Mr. Schroeder
10 10 06 10 told you. 10 aL 10 can say anything he needs to say, and let you know whether or
10 10 0 1. Like Is |, I represent the plaintiffs. And the 10 aL 34 1 not he will allow you to answer or not. Okay?
10 10 10 12 reason you're here today for your deposition is because you 10 aL 36 12 A Okay.
10 10 13 13 completed a declaration that defendants, your former employers, 10 aL 43 13 Q So the court reporter is going to take down everything
10 10 19 14 Turlock Nursing & Rehabilitation, they filed a declaration that 10 aL 45 14 that we all say today and she's going to put it into a booklet.
10 10 23 you signed in relation to an Admission Agreement and 10 aL 48 15 ‘And she's going to give you a copy of that booklet, and you get
10 10 28 16 Arbitration Agreement that my client, Mr. Dignes, signed, 10 aL 16 to review it, and make sure everything is accurate. You're
10 10 32 17 So I'm going to ask you some questions about that. And 10 aL 54 17 ‘going to have an opportunity to make edits to that booklet, and
10 10 36 18 today is just going to be a question-and-answer ses ion. So 10 aL 87 18 you can change anything you want, but you should be advised
10 10 4a. 19 during the question-and-answer session, it's important that we 10 12 00 19 that if you do change something that is substantive, something
10 10 43 20 don't talk over each other. We talk one at a time, because the 10 12 03 20 that is material and really important, I can later comment on
10 10 46 21 court reporter is going to take down everything that every 10 12 06 21 that, the fact that you changed it. Does that make sense?
10 10 49 22 party says word for word, So if we talk over each other, i's 10 12 09 22 A Yes,
10 10 52 23 difficult for her to do that. 10 12 09 23 Q Soi s better today if you say something and you later
10 10 54 24 Do you understand that? 10 12 15 24 ‘want to correct it, that you correct it today while we are on
10 10 54 25 A Yes, 10 12 a7 25 the record rather than doing it later. Okay?
Page Page 9
10 12 20 A Okay. 10 13 43 A Okay.
10 12 24 Q Atany time we can take a break. We don't have to sit 10 13 44 Q That was a really wordy way of saying it's perfectly
10 12 here for like seven hours in a row. If you need to get up and 10 13 50 acceptable to say "I don't know."
10 12 a1 stretch, if you need to take a water break, if you need to use 10 13 51 The court reporter swore you in today, so that means
10 12 33 the restroom, just let me know and we can take a break. We can 10 13 57 that this question-and-answer session is under oath, right? So
10 12 36 also take a break so you can consult with your attomey. The 10 14 on you are under a legal obligation to tell the truth. And what
10 12 39 only thing that I ask is that if we have a question pending, 10 14 05 the truth means is the whole truth. So if ask you a
10 12 42 that you answer the question and then we take a break. Okay? 10 14 10 question, Lam entitled to know your best answer, and a full
10 12 45 A Okay. 10 14 14 and complete answer. And an example that my boss likes to use
10 12 45 10 Q And if Lask you a question today that either doesn't 10 14 20 10 a lotis, if I asked you, what did you have for breakfast this
10 12 51 1. make sense or you don't understand it the way I've asked, you 10 14 23 11 moming, Deanna, and you said, Oh, I had some coffee, but,
10 12 55 12 can ~ it's perfectly acceptable to say you don't understand 10 14 29 12 really you had coffee and a scone, well, coffee and a scone is
10 12 59 13 it, and ask me if I can clarify it or rephrase it. Okay? 10 14 32 13 a complete answer, right?
10 13 02 14 A Okay. 10 14 33 14 A Yes.
10 13 03 Q Ifyou answer a ques n, I will be able to assume that 10 14 33 Q So I'm entitled to your full and complete testimony
10 13 08 16 you understood it the way I phrased it. Does that make sense? 10 14 37 16 today. Do you understand that?
10 13 12 17 A It does. 10 14 38 A Ido,
10 13 13 18 Q And, again, today is just a question and answer 10 14 39 18 Q Like I said before, "I don't know" is a perfectly
10 13 0 19 sessi yn. And I want to know what you know about the topics we 10 14 44 19 acceptable answer, and I don't want you to gue: but I might
10 13 20 20 are going to discuss. So if I ask you a question and there i 10 14 47 20 ask you questions where you may be able to estimate. And if
10 13 25 21 no way you would ever know the answer, right, or 's something 10 14 50 al you're able to estimate, then you have to do that today. Does
10 13 30 22 that you've never known in the past, you have no reason to know 10 14 55 22 that make sense?
10 34 23 the answer to it, then you can say you don't know or you have 10 14 55 23 A Yes.
10 13 38 24 never known, You don't have to guess in order to answer a 10 14 56 24 Q Something reall nportant is that if Lask you a
10 13 42 25 question that you might not know. Okay? 10 15 04 25 question, and the answer would necessarily reveal something
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University Reporters 916-567-1550
Deanna Brummell
Page 10 Page 11
10 15 07 that you and your attorney, Mr. Schroeder, or another attorney 10 16 44 the moment for Medicare.
10 15 ul told you, do not disclose that to me. I don't want to know 10 16 45 Q And what credentials for Medicare are you supposed to
10 15 15 anything that you've talked about with your attorneys. Okay? 10 16 50 have?
10 15 18 A Okay. 10 16 51 A Able to run the Medicare.
10 15 18 Q Have you taken any medications today that might affect 10 17 00 Q And, sorry, I'm not really familiar with that
10 15 25 your ability to testify today? 10 17 03 particular, like, requirement.
10 15 A No, 10 17 04 What do you mean by that?
10 15 a1 Q Is there any reason that we can't proceed with the 10 17 05 A We had to have certain accounts to run the patients!
10 15 34 deposition today? 10 17 13 insurance. So Medicare would be one of them, Medi-Cal. 1 was
10 15 34 10 A No, 10 17 17 10 having technical difficulties with it for a while, and was not
10 36 1. Q And do you have any other obligations today that you 10 17 21 11 able to get it run 1g again properly.
10 15 44 12 need to get to? For example, do you have a meeting in the 10 17 27 12 Q So when you say you were having technical difficulties,
10 15 7 13 afternoon, or anything that might hinder your schedule today? 10 17 30 13 you were having difficulties operating the system that you
10 15 51 14 A No, 10 17 36 14 implement information into for Medicare and Medi-Cal?
10 15 51 Do you have any questions about any of the things we 10 17 39 A Just for Medicare. Medicare and Medi-Cal are totally
10 15 58 16 just dis sussed? 10 17 42 16 separate.
10 15 59 17 No. 10 17 43 Q Right. So that's just an issue with your ~ you
10 16 00 18 Okay, So Ms, Brummell, who is your current employer? 10 17 49 18 interacting with whatever system you're using?
10 16 09 19 Tam not employed at the moment. 10 17 52 19 A Correct.
10 16 18 20 Q When was the last day you worked for Turlock Nursing & 10 17 52 20 Q Okay. Before you stopped working at Turlock Nursing &
10 16 22 21 Rehabilitation? 10 18 00 al Rehabilitation, how long had you worked there?
10 16 22 22 A. April 8th of this year. 10 18 on 22 A July of this year would have been four years.
10 16 23 Q And why did you stop working there? 10 18 14 23 Q And what was your last job title?
10 a1 24 A Tam no longer working there due to missing days for 10 18 16 24 A. Admission coordinator.
10 35 25 medical and family reasons, and also not having credentials at 10 18 22 Q Ms. Brummell,
| forgot one thing in the admonitions.
Page 12 Page 13
10 18 25 It's my understanding that you don't want to put any personal 10 20 00 insurance cards.
10 18 27 information on the record, which I totally understand, I 10 20 02 Q And when you say sorry. Go ahead.
10 18 30 appreciate that. If were to ~ would you agree that if I was, 10 20 04 A I would also have to get insurance cards and upload
10 18 35 to need your current phone and maybe a good mailing addr 10 20 07 them to the patient's profile.
10 18 39 5 that you would be able to provide that to your counsel and he 10 20 14 Q So when you say run Medicare and Medi-Cal, do you mean
10 18 42 could give that to me outside of this deposition? 10 20 22 for billing purposes’
10 18 44 A Correct. 10 20 23 A__ Yes. It would be for billing purposes. Yes. To see
10 18 45 MR. SCHROEDER: And | will ipulate that we will 10 20 27 if their insurance was available at the moment.
10 18 49 provide any information regarding this witnes if itis 10 20 32 Q What were your — were there any other duties,
10 18 53 10 requested by the plaintiff, if the plaintiffis unable to get 10 20 41 10 generally speaking, that you would do as the admission
10 18 56 11 in contact with her. 10 20 44 1. coordinator?
10 18 59 12 MS. MARTUCCI Thank you, Matthew 10 20 44 12 A We would also answer the phone, of course, if family
10 19 oo 13 BY MS. MARTUCCI: 10 20 52 13 members called. If they had any questions regarding the
10 19 o1 14 Q Okay. So your last job title was admi mn 10 20 54 14 facility, what was needed. At the time in 2019 we were able to
10 19 05 coordinator. Was that your job title throughout your 10 2a: on 15 have people come in, so of course families would come in,
10 19 08 16 employment with Turlock Nursing? 10 2a: 06 16 they'd want to do tours, ask questions,
10 19 10 a7 A Yes. 10 2a: 08 17 Q And who was the admission coordinator manager in August
10 19 a 18 Q And generally speaking, what were your responsi ilities 10 2a: a7 18 of 2019, if-you can remember?
10 19 23 19 as the admi ion coordinator? 10 2a: 19 19 A Yes. It was Cecelia Santos.
10 19 24 20 A I would review referrals that were sent to us from the 10 2a: 24 20 Q So how many ~ think about the time frame of August of
10 19 28 al hospitals in a system called Allscripts. I would also 10 2a: 32 21 2019, if you can recall, how many admissions were you doing on
10 19 34 22 assist ~ because we had an admission coordinator manager, so 1 10 2a: 37 22 average per week during that time frame’
10 19 39 23 would assist her with whatever she needed. I would meet with 10 2a: 41 23 A Every day is different. There were days we had ten
10 19 a7 24 the patients and the family, going over the arbitration packet, 10 2a: 47 24 admits, there would be days we'd have two. It would just
10 19 51 25 and adm jon agreement. Run Medicare, run Medi-Cal, get 10 2a: 52 25 depend on bed availability.
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10 21 Q Okay. So it depended on bed availability, then also 10 23 35 admissions coordinator, or were you the sole person doing
10 22 o1 who was being referred to the facili y 2 10 23 38 admissions at Turlock Nursing in 2019?
10 22 03 A Correct. But majority, it was most likely bed 10 23 40 A It was myself and Cecelia
10 22 08 availability 10 23 44 Q Okay. So I'm going to show you -- and I'm terrible
10 22 15 Q So thinking back to April of this year — and, again, 10 23 57 vith computers, so I apologize. I'm going to share my screen
10 22 20 things might be a little bit different given COVID and 10 24 00 and just show you the notice of deposition that was basically
10 22 23 everything, so as of the last month you were employed, can you 10 24 04 your lucky invitation to be able to sit down and talk to me
10 22 26 give me an estimate as to how many admissions per day you would 10 24 08 today.
10 22 31 do? 10 24 18 Can you see that?
10 22 31 10 A It would vary. I can't give you an exact - a number, 10 24 19 10 A A little Thave to stick my face in the computer.
10 22 39 11 because there were days that we would not take patients. 10 24 25 11 Q It’s not too important, but it’s the notice that 1
10 22 43 12 Q So anywhere -- your best estimate would be anywhere 10 24 30 12 served on your counsel that basically asked you to show up
10 22 46 13 fiom two to ten admissions; that right? 10 24 34 13 today. So you showed up, so that was the most important thing.
10 22 50 14 A Correct. 10 24 37 14 Have you ever seen this before?
10 22 50 15 Q And that would be the same estimate for the time frame 10 24 38 A Have I ever seen this before? I have not.
10 22 57 of August 2019? 10 24 47 16 Q It’s not a big deal. So the only big deal about
10 22 sa58 17 A Correct. 10 24 51 what's in this document, there is a request for documents,
10 22 59 18 Q So in the three and a half years that you worked at 10 24 55 18 request for you to bring a series of documents. And so do
10 23 ul 19 Turlock Nursing, would you be able to give me an estimate as to 10 25 02 19 you ~ did you do anything to search for any documents to
10 23 14 20 how many admis ns you've done? 10 25 05 20 produce today?
10 23 16 21 A No. 10 25 05 al A did not.
10 23 22 22 Q As the admissions coordinator, did you supervise 10 25 07 22 Q Do you have any documents in your possession related to
10 23 25 23 anyone? 10 25 16 23 your employment at Turlock Nursing, given that you no longer
10 23 25 24 A I did not. 10 25 20 24 work there?
10 23 32 25 Q Were there any other people who also had the title of 10 25 20 25 A Not with me,
Page 16 Page 17
10:25: 22 Q So for example, one of the requests asks for policies 10 26 53 negative there,
10:25: 33 2 and procedures regarding the execution and use of arbitration 10 26 54 You're saying that her statement is correct, that you
10:25: 38 agreements. 10 26 56 don't have access, correct, Deanna? Yes or no.
10:25: 38 Do you ha /e in your possession any policies and 10 27 03 THE WITNESS: Oh, I do not have access. No, I do not.
10:25: 4a. procedures about arbitration agreements? 10 27 06 MS. MARTUCCI: Thank you. Thank you for clarifying,
10:25: 42 A Ido not. 10 27 08 BY MS. MARTUCCI:
10:25: 45 Q And we can go over these more in detail later. 10 27 09 Q Okay. So let's think about the time period of 2019.
10:25: 51 Did you do anything else, other than speak with your 10 27 12 Do you recall any specific training you were given as
10:25: 54 attorney, to prepare for your deposition today? 10 27 18 part of your job of admii jon coordinator during that year?
10:25: 56 10 A I did not. 10 27 21 10 A Yes,
10:26: oo ul Q So you didn't review any documents in preparation for 10 27 25 1 Q What types of training did you have to complete for
10:26: 06 12 today? 10 27 28 12 your job?
10:26: 06 13 A I did not. 10 27 29 13 A I shadowed Jasr ine, she was the admission coordinator
10:26: 10 14 Q Did you talk to any former co-workers at Turlock 10 27 37 14 there at the time.
10:26: 15 ‘Nursing to prepare for today? 10 27 44 15 Q And how long did you shadow Jasmine for?
10:26: 16 A I did not. 10 27 47 16 A For three days.
10:26: 24 17 MS. MARTUCCI: I'm going to mark the notice of 10 27 48 17 Q_ And was that in 2019, or would that have been closer to
10:26: 25 18 deposition s Exhibit 1. 10 27 52 18 the time that you actually started working there in July of
10:26: 36 19 (Whereupon Plaintiffs! Exhibit 1 was marked.) 10 27 55 19 2017?
10:26: 36 20 BY MS. MARTUCCI: 10 27 56 20 A ‘That would be 2017. In 2019 they always had videos,
10:26: 36 al Q So it's s fe tos y that you don't have acces to any 10 28 02 21 you had any questions we can go online and review.
10:26: 40 22 of Turlock Nursing's databases where information about 10 28 07 22 Q Okay, So when you first started working there in July
10:26: 43 23 residents is kept; correct? 10 28 23 of 2017, you shadowed the current admission coordinator.
10:26: 46 24 A No. 10 28 a7 24 What other trai ing did you have when you first started
10:26: 51 25 MR. SCHROEDER: Counsel, I think we got a double 10 28 19 25 working there?
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10:2 A Videos and shadowing. 10:30:08 Idid,
10 28 29 Q And what types of toy were covered in the videos? 10:30:09 Did you get a diploma or a GED?
10 28 32 A Everything, from beginning to end, on how to do the 10:30:12 Diploma.
10 28 38 packet. 10:30:13 And then did you attend any school after high school?
10 28 43 5 Q Okay. So part of your job ~ and correct me if 10:30:20 Yes.
10 28 51 misstate anything. Part of your job was presenting residents 10:30:21 Where did you go?
10 28 54 or their fami s with the admi jons packet and arbitration 10:30:23 Merced junior college.
10 28 57 agreements; right? 10:30:25 Did you get any degrees from Merced junior college?
10 28 58 A Correct. 10:30:31 No.
10 28 58 10 Q So what would you — what kind of documents were 10:30:31 10 Did you get any certificates?
10 29 03 11 included within the packet of documents you give to a resident 10:30:35 il No.
10 29 07 12 upon admission? 10:30:36 12 Q What kind of classes did you take there? Or was it
10 29 08 13 A In the packet I had to go over various things. When I 10:30:42 13 just kind of general education?
10 29 17 14 would first go in there I'd introduce myself, I'd ask them who 10:30:44 14 A General education.
10 29 23 they want to put for their emergency contacts. I had to go 10:30:45 15 Q After Merced junior college, did you attend any other
10 29 27 16 over that first. Get their insurance cards if available. And 10:30:55 16 type of certificate programs or anything else?
10 29 30 a7 then I would go back and work on the packet. 10:30:57 17 A No.
10 29 40 18 Q And — let me back up a little bit. 10:30:58 18 Q Before Turlock Nursing, before you started that job in
10 29 44 19 So part of your training was videos and s adowing. Do 10:31:06 19 July of 2017, where did you work?
10 29 48 20 you have any formal training for~ in either the medical field 10:31:08 20 A I worked at Image Masters.
10 29 53 al or for skilled nursing facilities? 10:31:14 21 Q And what kind of a company is that?
10 29 56 22 A No. 10:31:16 22 A Screen printing, embroidery, and marketing.
10 29 57 23 Q What's your educational background? 10:31:21 23 Q So was your job with Turlock Nursing, was that your
10 30 oo 24 A Educational background, referring to college? 10:31:26 24 first time working in a skilled nursing facility?
10 30 05 25 Yeah. So did you graduate from h school? 10:31:31 25 A Yes.
Page 20 Page 21
10 a1 a1 Q Okay. Thank you. 10 33 107 A Yes,
10 a1 35 Okay. So you were talking about introducing yourself 10 33 107 Q Okay. And then what's the next document you would show
10 a1 39 to residents, getting their emergency contact information, 10 33 12 residents?
10 a1 43 getting their i surance card, then you said you would go back 10 33 12 A We would go over there was quite a few things. We
10 a1 46 5 to the packet, 10 33 122 ‘went over the pharmacy, went over laundry, I went over things
10 a1 a7 So what's the first document you would present toa 10 33 29 that were available at the facility, I would go over who they
10 a1 49 resident as part of that packet? 10 33 39 ‘would like to get any kind of medical information, I would let
10 53 A. Going over their rights. 10 33 45 ‘them know how long that was available for. I would let them
10 a1 55 Q And is that a standardized form that you would use? 10 33 50 know how much copies would be if they wanted medical records.
10 a1 58 10 A When I would go in to see the patients, I would have it 10 33 56 10 I would also go over the Arbitration Agreement, which is the
10 22 04 11 on an iPad, electronically. 10 34 02 1. very last document in the packet.
10 12 Q And generally speaking, in the time frame ofsay 2019, 10 04 12 Q Okay. Great. Thank you.
10 13 did you use the iPad as the primary method of showing patients 10 14 13 So in cireling back to your training, so you did the
10 22 23 14 and their families documents? 10 20 14 initial shadowing and the initial video training, and then
10 22 24 A Yes. 10 22 15 every year, annually, you could watch videos to do additional
10 22 26 16 Q Have you always used the iPad the entire time you've 10 27 16 training; is that right?
10 22 30 a7 worked there, or has there been a time where it's been 10 28 17 A Correct. They would make different adjustments to the
10 22 33 18 hardcopy? 10 34 18 packet
10 22 34 19 A I would either use the iPad — when | fi started 10 34 19 Q So they would provide you with updated information to
10 22 37 20 working there I was using a desktop. 10 42 20 share with the client ~ or share with your residents and
10 22 ay al Q — Asof January 1, 2019, the iPad was in use? 10 44 21 things like that?
10 51 22 A Correct. 10 45 22 A Yes,
10 54 23 Q Okay. So you would first start with the patient 10 45 23 Q Did you ever do a training where a live instructor was
10 o1 24 rights. And was that a standardized form on your iPad that you 10 34 52 24 giving you updates on how to perform your job?
10 05 25 would show residents? 10 34 55 25 A No.
6 (Pages 18 to 21)
University Reporters 916-567-1550
Deanna Brummell
Page 22 Page 23
10 34 57 do 5
Q In the video training, were they done by ~ you know, 45 And do you know what her job title was?
10 who were the people who would do the video trainings ~ strike do 5 47 Ido not,
10 25 21 that. That's a terrible que mn, I'm sorry. 10 50 Did she work for Turlock Nursing & Rehabilitation?
10 35 24 Was there a company that Turlock Nursing used to 10 57 Yes.
10 35 26 5 provide you with videos, or were these videos created by 10 58 Q And, sorry, one more admonition, if at any time, like I
10 25 30 Turlock Nursing specifically for your position, or the 10 aL said, you want to take a break to talk to your counsel, we can
10 25 34 adm sion pos ion? 10 16 do that, but I just ask that no communications take place
10 35 34
Preview
JOHN L. SUPPLE (SBN 94582) Jsupple@jsupplelaw.com ROBERT R. DEERING (SBN 258043) rdeering@jsupplelaw.com MATTHEW SCHROEDER (SBN 273361) Electronically Filed mschroeder@jsupplelaw.com 6/30/2021 5:55 PM J SUPPLE LAW Superior Court of California A Professional Corporation County of Stanislaus 990 Fifth Avenue Clerk of the Court San Rafael, CA 94901 By: Christine Zulim, Deputy Telephone: (415) 366-5533 Facsimile: (415) 480-6301 Attorneys for Defendants COVENANT CARE CALIFORNIA, LLC dba TURLOCK NURSING AND REHABILITATION CENTER; COVENANT CARE, LLC 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 IN AND FOR THE COUNTY OF STANISLAUS 12 2s ~ 3Ba LARRY B. DIGNES (Decedent) by and through Case No. CV-20-004057 a 13 his Successors-In-Interest SHEILA M. LOWE, an atu ase 14 individual; LORI M. KIRCHERT, an individual DECLARATION OF MATTHEW aes SCHROEDER IN SUPPORT OF ws 2s an 15 Plaintiff, MOTION TO COMPEL ARBITRATION 16 vs. Accompanying Documents: 17 COVENANT CARE CALIFORNIA, LLC dba 1) Reply Memorandum of Points & 18 TURLOCK NURSING AND Authorities REHABILITATION CENTER; COVENANT 2) Evidentiary Objections 19 CARE, LLC, a Delaware Corporation; and 3) Proof of Service DOES | through 50, inclusive, 20 Date: July 8, 2021 Defendants. Time: 8:30 a.m. 21 Dept: 24 22 Judge: Sonny S. Sandhu 23 Complaint Filed: September 18, 2020 24 25 26 27 28 1 DECLARATION OF MATTHEW SCHROEDER IN SUPPORT OF MOTION TO COMPEL ARBITRATION I, Matthew Schroeder declare that: 1 I am an attorney at law duly admitted and licensed to practice law before all courts in the State of California and am an associate with the law firm of J Supple Law, P.C., attorneys of record for Defendants COVENANT CARE CALIFORNIA, LLC dba TURLOCK NURSING AND REHABILITATION CENTER and COVENANT CARE, LLC (collectively, “Defendants”). I am personally familiar with the facts set forth herein, which are stated upon my personal knowledge. If called upon to do so, I would competently testify as to the following. 2 Attached hereto as Exhibit 1 is a true and correct copy of the condensed Deposition Transcript for Deanna Brummell in its entirety. 10 3 Attached hereto as Exhibit 1a are true and correct copies of highlighted excerpts 11 of the Deposition Transcript of Deanna Brummell. 12 I declare under penalty of perjury under the laws of the State of California that the 2s ~ 3Ba a 13 foregoing is true and correct. atu 14 Executed this 30" day of June 2021 at Oakland, California. 15 16 17 18 19 MATTHEW SCHROEDER 20 21 22 23 24 25 26 27 28 -2- DECLARATION OF MATTHEW SCHROEDER IN SUPPORT OF MOTION TO COMPEL ARBITRATION Exhibit 1 Deanna Brummell Page 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF STANISLAUS ---000--- LARRY B. DIGNES (Decedent) by and through his Successors-In-Interest SHEILA M. LOWE, an individual; LORI M. KIRCHERT, an individual, Case No. Cv-20-004057 Plaintiffs, vs. COVENANT CARE CALIFORNIA, LLC dba TURLOCK NURSING AND REHABILITATION CENTER; COVENANT CARE, LLC, a Delaware Corporation; and DOES 1 through 50, inclusive, Defendants. Videotaped Videoconference Deposition of DEANNA BRUMMELL PMK Re: Arbitration Agreements May 27, 2021 Reported By: ALICIA FORBERG, C.S.R. 12558 University Reporters 916-567-1550 Deanna Brummell Page 2 Page 3 APPEARANCES INDEX OF EXAMINATIONS EXAMINATION PAGE LINE Appearing Remotely For The Plantif, LARRY B, DIGNES MS. MARTUCCI 5 13 (ecedent) by and through is Suocessors-In-Inerest SHEILAM. MR. SCHROEDER, 719 8 ‘LOWE, an individual; LOREM. KIRCHERT, an individual: MS. MARTUCCI 80 7 York Law Corporation By: VIRGINIA MARTUCCT Attomey at Law -000-~ 1111 Exposition Bud, Building 500 INDEX OF EXHIBITS Sacramento, Califia 95815 16685-2200 10 NO. DESCRIPTION PAGE LINE ‘martuci@yocklavtirmnet 10 ll 1 Second Amended Notice of Deposition of 16 19 u Appearing Remotely For The Defendants, COVENANT CARE Deanna Brummell and Request for CALIFORNIA, LLC doa TURLOCK NURSING AND REHABILITATION CENTER; 12 Production of Documents, 5 pgs. 12 COVENANT CARE, LLC, a Delaware Corporation 13 2. Declaration of Deanna Brummell in 32 17 13 4 Supple Law By: MATTHEW SCHROEDER Support of Motion to Compel Arbitration, u Attomey at Law 14 14 pes. 990 Fh Avene 15 3 Medical Record Request and Admission 535 15 San Rafe, Califo 94901 records, 5 pgs. 415/366-5533 16 16 rmschroeder@jsuplelaw-com 7 18 Videographer: 17 19 Sacramento Legal Video Center 18 By: SEAN MCALEER 19 20 Attomey at Law 3550 Watt Avenue, Suite 140 20 a Sacramento, Califia 95821 21 9161451-7600 22 2 23 23 24 24 25 25 Page 4 Page 5 BE IT REMEMBERED that on Thursday, May 27, 2021, 10:08:39 Care California, LLC, dba Turlock Nursing and Rehabilitation commencing at the hour of 10:07 a.m., the following proceeding, 10 Center, and Covenant Care, LLC, the defendants. occurred: 10 THE VIDEOGRAPHER: Would the reporter please swear in --000— 10 58 the witness, 10 ‘THE VIDEOGRAPHER: My name is Sean McAleer, and I'm the —000— 13 videographer. I will be recording this proceeding on behalfof Before Alicia Forberg, CSR, empowered to administer 16 Sacramento Legal Video Center, LLC, located at 3550 Watt ‘oaths, appearing remotely: 22 Avenue, Suite 140, in Sacramento, California. DEANNA BRUMMELL, 10 26 ‘The date is May 27th, 2021. The time on the video a witness in the within-entitled action, called as a witness by a1 10 ‘monitor is 10:07 a.m. This deposition is being held virtually 10 Plaintiff herein, who, having been duly sworn, was examined as 39 11 by videoconference, with the witness appearing remotely. 1. hereinafter set forth. 43 12 ‘We are here in the matter of Dignes versus Covenant 12 —000— 10 48 13 Care California, et al., filed in the Superior Court of 10 00 13 EXAMINATION BY MS. MARTUCCI 14 California, for the County of Stanislaus, Case No. CV-20004057. 10 14 Q Good morning, Ms. Brummell. We haven't met yet, but my 08 02 15 This is the deposition of Deanna Brummell. The 10 15 name is Virginia Martucci, and like I said, I represent the 08 06 16 noticing attorney is Virginia Martucci. The court reporter is 10 16 plaintifis. 08 10 aq Alicia Forberg of University Reporters, 10 17 Would you please spell your first and last name for the 10 08 14 18 This is a single-track recording. Overlapping voices 10 109: aL 18 record, 08: a 19 cannot be separated. Private discussions on the record will 10 19 De. ea, last name is Ba-u-m-m-e-L. 10 08: 21 20 also be recorded. 10 20 ‘Am I saying your last name right, Brummell? 10 08: 28 21 ‘Would counsel please identify yourselves, your firms, 10 21 Correct. 22 and those you represent. 10 24 22 Thank you. 08 29 23 MS. MARTUCCI: My name is Virginia Martueci of the York 10 30 23 Do you have anybody else in the room with you this 08 32 24 Law Firm, and I represent the plaintiff. 10 24 morning? 08 34 25 MR. SCHROEDER: Matthew Schroeder on behalf of Covenant 10 25 A Ido not, 2 (Pages 2 to 5) University Reporters 916-567-1550 Deanna Brummell Page 6 Page 7 10 33 Q And then where are you located right now? Just 10 10 55 Q Okay, And you're doing a great job of this so far, but 10 generally, where are you taking your deposition fron 10 aL the court reporter also requires us to make verbal responses, 10 09 39 A Tam at the Hampton Inn in Turlock. 10 aL 05 So no head nods, no uh-huh, it has to be a yes or no or some 10 09 42 Q Have you ever had your deposition taken before? 10 aL 12 other verbal response, Okay? 10 09 ” A No. 10 aL 13 A Okay. 10 09 48 Q Okay. So before we get into the questions, Im going 10 aL 13 Q And at times your attomey may want to make an 10 09 56 to give you what we call ground rules. And you may have 10 aL 19 objection, or state something on the record after I as youa 10 09 59 already gone over this with your attomey, Mr. Schroeder, 10 aL 23 ques n. So for that reason, after I ask a question you might 10 10 02 forgive me if Im repeating some of the things he's already 10 aL 27 ‘want to wait a beat, one or two secon 0 that Mr. Schroeder 10 10 06 10 told you. 10 aL 10 can say anything he needs to say, and let you know whether or 10 10 0 1. Like Is |, I represent the plaintiffs. And the 10 aL 34 1 not he will allow you to answer or not. Okay? 10 10 10 12 reason you're here today for your deposition is because you 10 aL 36 12 A Okay. 10 10 13 13 completed a declaration that defendants, your former employers, 10 aL 43 13 Q So the court reporter is going to take down everything 10 10 19 14 Turlock Nursing & Rehabilitation, they filed a declaration that 10 aL 45 14 that we all say today and she's going to put it into a booklet. 10 10 23 you signed in relation to an Admission Agreement and 10 aL 48 15 ‘And she's going to give you a copy of that booklet, and you get 10 10 28 16 Arbitration Agreement that my client, Mr. Dignes, signed, 10 aL 16 to review it, and make sure everything is accurate. You're 10 10 32 17 So I'm going to ask you some questions about that. And 10 aL 54 17 ‘going to have an opportunity to make edits to that booklet, and 10 10 36 18 today is just going to be a question-and-answer ses ion. So 10 aL 87 18 you can change anything you want, but you should be advised 10 10 4a. 19 during the question-and-answer session, it's important that we 10 12 00 19 that if you do change something that is substantive, something 10 10 43 20 don't talk over each other. We talk one at a time, because the 10 12 03 20 that is material and really important, I can later comment on 10 10 46 21 court reporter is going to take down everything that every 10 12 06 21 that, the fact that you changed it. Does that make sense? 10 10 49 22 party says word for word, So if we talk over each other, i's 10 12 09 22 A Yes, 10 10 52 23 difficult for her to do that. 10 12 09 23 Q Soi s better today if you say something and you later 10 10 54 24 Do you understand that? 10 12 15 24 ‘want to correct it, that you correct it today while we are on 10 10 54 25 A Yes, 10 12 a7 25 the record rather than doing it later. Okay? Page Page 9 10 12 20 A Okay. 10 13 43 A Okay. 10 12 24 Q Atany time we can take a break. We don't have to sit 10 13 44 Q That was a really wordy way of saying it's perfectly 10 12 here for like seven hours in a row. If you need to get up and 10 13 50 acceptable to say "I don't know." 10 12 a1 stretch, if you need to take a water break, if you need to use 10 13 51 The court reporter swore you in today, so that means 10 12 33 the restroom, just let me know and we can take a break. We can 10 13 57 that this question-and-answer session is under oath, right? So 10 12 36 also take a break so you can consult with your attomey. The 10 14 on you are under a legal obligation to tell the truth. And what 10 12 39 only thing that I ask is that if we have a question pending, 10 14 05 the truth means is the whole truth. So if ask you a 10 12 42 that you answer the question and then we take a break. Okay? 10 14 10 question, Lam entitled to know your best answer, and a full 10 12 45 A Okay. 10 14 14 and complete answer. And an example that my boss likes to use 10 12 45 10 Q And if Lask you a question today that either doesn't 10 14 20 10 a lotis, if I asked you, what did you have for breakfast this 10 12 51 1. make sense or you don't understand it the way I've asked, you 10 14 23 11 moming, Deanna, and you said, Oh, I had some coffee, but, 10 12 55 12 can ~ it's perfectly acceptable to say you don't understand 10 14 29 12 really you had coffee and a scone, well, coffee and a scone is 10 12 59 13 it, and ask me if I can clarify it or rephrase it. Okay? 10 14 32 13 a complete answer, right? 10 13 02 14 A Okay. 10 14 33 14 A Yes. 10 13 03 Q Ifyou answer a ques n, I will be able to assume that 10 14 33 Q So I'm entitled to your full and complete testimony 10 13 08 16 you understood it the way I phrased it. Does that make sense? 10 14 37 16 today. Do you understand that? 10 13 12 17 A It does. 10 14 38 A Ido, 10 13 13 18 Q And, again, today is just a question and answer 10 14 39 18 Q Like I said before, "I don't know" is a perfectly 10 13 0 19 sessi yn. And I want to know what you know about the topics we 10 14 44 19 acceptable answer, and I don't want you to gue: but I might 10 13 20 20 are going to discuss. So if I ask you a question and there i 10 14 47 20 ask you questions where you may be able to estimate. And if 10 13 25 21 no way you would ever know the answer, right, or 's something 10 14 50 al you're able to estimate, then you have to do that today. Does 10 13 30 22 that you've never known in the past, you have no reason to know 10 14 55 22 that make sense? 10 34 23 the answer to it, then you can say you don't know or you have 10 14 55 23 A Yes. 10 13 38 24 never known, You don't have to guess in order to answer a 10 14 56 24 Q Something reall nportant is that if Lask you a 10 13 42 25 question that you might not know. Okay? 10 15 04 25 question, and the answer would necessarily reveal something 3 (Pages 6 to 9) University Reporters 916-567-1550 Deanna Brummell Page 10 Page 11 10 15 07 that you and your attorney, Mr. Schroeder, or another attorney 10 16 44 the moment for Medicare. 10 15 ul told you, do not disclose that to me. I don't want to know 10 16 45 Q And what credentials for Medicare are you supposed to 10 15 15 anything that you've talked about with your attorneys. Okay? 10 16 50 have? 10 15 18 A Okay. 10 16 51 A Able to run the Medicare. 10 15 18 Q Have you taken any medications today that might affect 10 17 00 Q And, sorry, I'm not really familiar with that 10 15 25 your ability to testify today? 10 17 03 particular, like, requirement. 10 15 A No, 10 17 04 What do you mean by that? 10 15 a1 Q Is there any reason that we can't proceed with the 10 17 05 A We had to have certain accounts to run the patients! 10 15 34 deposition today? 10 17 13 insurance. So Medicare would be one of them, Medi-Cal. 1 was 10 15 34 10 A No, 10 17 17 10 having technical difficulties with it for a while, and was not 10 36 1. Q And do you have any other obligations today that you 10 17 21 11 able to get it run 1g again properly. 10 15 44 12 need to get to? For example, do you have a meeting in the 10 17 27 12 Q So when you say you were having technical difficulties, 10 15 7 13 afternoon, or anything that might hinder your schedule today? 10 17 30 13 you were having difficulties operating the system that you 10 15 51 14 A No, 10 17 36 14 implement information into for Medicare and Medi-Cal? 10 15 51 Do you have any questions about any of the things we 10 17 39 A Just for Medicare. Medicare and Medi-Cal are totally 10 15 58 16 just dis sussed? 10 17 42 16 separate. 10 15 59 17 No. 10 17 43 Q Right. So that's just an issue with your ~ you 10 16 00 18 Okay, So Ms, Brummell, who is your current employer? 10 17 49 18 interacting with whatever system you're using? 10 16 09 19 Tam not employed at the moment. 10 17 52 19 A Correct. 10 16 18 20 Q When was the last day you worked for Turlock Nursing & 10 17 52 20 Q Okay. Before you stopped working at Turlock Nursing & 10 16 22 21 Rehabilitation? 10 18 00 al Rehabilitation, how long had you worked there? 10 16 22 22 A. April 8th of this year. 10 18 on 22 A July of this year would have been four years. 10 16 23 Q And why did you stop working there? 10 18 14 23 Q And what was your last job title? 10 a1 24 A Tam no longer working there due to missing days for 10 18 16 24 A. Admission coordinator. 10 35 25 medical and family reasons, and also not having credentials at 10 18 22 Q Ms. Brummell, | forgot one thing in the admonitions. Page 12 Page 13 10 18 25 It's my understanding that you don't want to put any personal 10 20 00 insurance cards. 10 18 27 information on the record, which I totally understand, I 10 20 02 Q And when you say sorry. Go ahead. 10 18 30 appreciate that. If were to ~ would you agree that if I was, 10 20 04 A I would also have to get insurance cards and upload 10 18 35 to need your current phone and maybe a good mailing addr 10 20 07 them to the patient's profile. 10 18 39 5 that you would be able to provide that to your counsel and he 10 20 14 Q So when you say run Medicare and Medi-Cal, do you mean 10 18 42 could give that to me outside of this deposition? 10 20 22 for billing purposes’ 10 18 44 A Correct. 10 20 23 A__ Yes. It would be for billing purposes. Yes. To see 10 18 45 MR. SCHROEDER: And | will ipulate that we will 10 20 27 if their insurance was available at the moment. 10 18 49 provide any information regarding this witnes if itis 10 20 32 Q What were your — were there any other duties, 10 18 53 10 requested by the plaintiff, if the plaintiffis unable to get 10 20 41 10 generally speaking, that you would do as the admission 10 18 56 11 in contact with her. 10 20 44 1. coordinator? 10 18 59 12 MS. MARTUCCI Thank you, Matthew 10 20 44 12 A We would also answer the phone, of course, if family 10 19 oo 13 BY MS. MARTUCCI: 10 20 52 13 members called. If they had any questions regarding the 10 19 o1 14 Q Okay. So your last job title was admi mn 10 20 54 14 facility, what was needed. At the time in 2019 we were able to 10 19 05 coordinator. Was that your job title throughout your 10 2a: on 15 have people come in, so of course families would come in, 10 19 08 16 employment with Turlock Nursing? 10 2a: 06 16 they'd want to do tours, ask questions, 10 19 10 a7 A Yes. 10 2a: 08 17 Q And who was the admission coordinator manager in August 10 19 a 18 Q And generally speaking, what were your responsi ilities 10 2a: a7 18 of 2019, if-you can remember? 10 19 23 19 as the admi ion coordinator? 10 2a: 19 19 A Yes. It was Cecelia Santos. 10 19 24 20 A I would review referrals that were sent to us from the 10 2a: 24 20 Q So how many ~ think about the time frame of August of 10 19 28 al hospitals in a system called Allscripts. I would also 10 2a: 32 21 2019, if you can recall, how many admissions were you doing on 10 19 34 22 assist ~ because we had an admission coordinator manager, so 1 10 2a: 37 22 average per week during that time frame’ 10 19 39 23 would assist her with whatever she needed. I would meet with 10 2a: 41 23 A Every day is different. There were days we had ten 10 19 a7 24 the patients and the family, going over the arbitration packet, 10 2a: 47 24 admits, there would be days we'd have two. It would just 10 19 51 25 and adm jon agreement. Run Medicare, run Medi-Cal, get 10 2a: 52 25 depend on bed availability. 4 (Pages 10 to 13) University Reporters 916-567-1550 Deanna Brummell Page 14 Page 15 10 21 Q Okay. So it depended on bed availability, then also 10 23 35 admissions coordinator, or were you the sole person doing 10 22 o1 who was being referred to the facili y 2 10 23 38 admissions at Turlock Nursing in 2019? 10 22 03 A Correct. But majority, it was most likely bed 10 23 40 A It was myself and Cecelia 10 22 08 availability 10 23 44 Q Okay. So I'm going to show you -- and I'm terrible 10 22 15 Q So thinking back to April of this year — and, again, 10 23 57 vith computers, so I apologize. I'm going to share my screen 10 22 20 things might be a little bit different given COVID and 10 24 00 and just show you the notice of deposition that was basically 10 22 23 everything, so as of the last month you were employed, can you 10 24 04 your lucky invitation to be able to sit down and talk to me 10 22 26 give me an estimate as to how many admissions per day you would 10 24 08 today. 10 22 31 do? 10 24 18 Can you see that? 10 22 31 10 A It would vary. I can't give you an exact - a number, 10 24 19 10 A A little Thave to stick my face in the computer. 10 22 39 11 because there were days that we would not take patients. 10 24 25 11 Q It’s not too important, but it’s the notice that 1 10 22 43 12 Q So anywhere -- your best estimate would be anywhere 10 24 30 12 served on your counsel that basically asked you to show up 10 22 46 13 fiom two to ten admissions; that right? 10 24 34 13 today. So you showed up, so that was the most important thing. 10 22 50 14 A Correct. 10 24 37 14 Have you ever seen this before? 10 22 50 15 Q And that would be the same estimate for the time frame 10 24 38 A Have I ever seen this before? I have not. 10 22 57 of August 2019? 10 24 47 16 Q It’s not a big deal. So the only big deal about 10 22 sa58 17 A Correct. 10 24 51 what's in this document, there is a request for documents, 10 22 59 18 Q So in the three and a half years that you worked at 10 24 55 18 request for you to bring a series of documents. And so do 10 23 ul 19 Turlock Nursing, would you be able to give me an estimate as to 10 25 02 19 you ~ did you do anything to search for any documents to 10 23 14 20 how many admis ns you've done? 10 25 05 20 produce today? 10 23 16 21 A No. 10 25 05 al A did not. 10 23 22 22 Q As the admissions coordinator, did you supervise 10 25 07 22 Q Do you have any documents in your possession related to 10 23 25 23 anyone? 10 25 16 23 your employment at Turlock Nursing, given that you no longer 10 23 25 24 A I did not. 10 25 20 24 work there? 10 23 32 25 Q Were there any other people who also had the title of 10 25 20 25 A Not with me, Page 16 Page 17 10:25: 22 Q So for example, one of the requests asks for policies 10 26 53 negative there, 10:25: 33 2 and procedures regarding the execution and use of arbitration 10 26 54 You're saying that her statement is correct, that you 10:25: 38 agreements. 10 26 56 don't have access, correct, Deanna? Yes or no. 10:25: 38 Do you ha /e in your possession any policies and 10 27 03 THE WITNESS: Oh, I do not have access. No, I do not. 10:25: 4a. procedures about arbitration agreements? 10 27 06 MS. MARTUCCI: Thank you. Thank you for clarifying, 10:25: 42 A Ido not. 10 27 08 BY MS. MARTUCCI: 10:25: 45 Q And we can go over these more in detail later. 10 27 09 Q Okay. So let's think about the time period of 2019. 10:25: 51 Did you do anything else, other than speak with your 10 27 12 Do you recall any specific training you were given as 10:25: 54 attorney, to prepare for your deposition today? 10 27 18 part of your job of admii jon coordinator during that year? 10:25: 56 10 A I did not. 10 27 21 10 A Yes, 10:26: oo ul Q So you didn't review any documents in preparation for 10 27 25 1 Q What types of training did you have to complete for 10:26: 06 12 today? 10 27 28 12 your job? 10:26: 06 13 A I did not. 10 27 29 13 A I shadowed Jasr ine, she was the admission coordinator 10:26: 10 14 Q Did you talk to any former co-workers at Turlock 10 27 37 14 there at the time. 10:26: 15 ‘Nursing to prepare for today? 10 27 44 15 Q And how long did you shadow Jasmine for? 10:26: 16 A I did not. 10 27 47 16 A For three days. 10:26: 24 17 MS. MARTUCCI: I'm going to mark the notice of 10 27 48 17 Q_ And was that in 2019, or would that have been closer to 10:26: 25 18 deposition s Exhibit 1. 10 27 52 18 the time that you actually started working there in July of 10:26: 36 19 (Whereupon Plaintiffs! Exhibit 1 was marked.) 10 27 55 19 2017? 10:26: 36 20 BY MS. MARTUCCI: 10 27 56 20 A ‘That would be 2017. In 2019 they always had videos, 10:26: 36 al Q So it's s fe tos y that you don't have acces to any 10 28 02 21 you had any questions we can go online and review. 10:26: 40 22 of Turlock Nursing's databases where information about 10 28 07 22 Q Okay, So when you first started working there in July 10:26: 43 23 residents is kept; correct? 10 28 23 of 2017, you shadowed the current admission coordinator. 10:26: 46 24 A No. 10 28 a7 24 What other trai ing did you have when you first started 10:26: 51 25 MR. SCHROEDER: Counsel, I think we got a double 10 28 19 25 working there? 5 (Pages 14 to 17) University Reporters 916-567-1550 Deanna Brummell Page 18 Page 19 10:2 A Videos and shadowing. 10:30:08 Idid, 10 28 29 Q And what types of toy were covered in the videos? 10:30:09 Did you get a diploma or a GED? 10 28 32 A Everything, from beginning to end, on how to do the 10:30:12 Diploma. 10 28 38 packet. 10:30:13 And then did you attend any school after high school? 10 28 43 5 Q Okay. So part of your job ~ and correct me if 10:30:20 Yes. 10 28 51 misstate anything. Part of your job was presenting residents 10:30:21 Where did you go? 10 28 54 or their fami s with the admi jons packet and arbitration 10:30:23 Merced junior college. 10 28 57 agreements; right? 10:30:25 Did you get any degrees from Merced junior college? 10 28 58 A Correct. 10:30:31 No. 10 28 58 10 Q So what would you — what kind of documents were 10:30:31 10 Did you get any certificates? 10 29 03 11 included within the packet of documents you give to a resident 10:30:35 il No. 10 29 07 12 upon admission? 10:30:36 12 Q What kind of classes did you take there? Or was it 10 29 08 13 A In the packet I had to go over various things. When I 10:30:42 13 just kind of general education? 10 29 17 14 would first go in there I'd introduce myself, I'd ask them who 10:30:44 14 A General education. 10 29 23 they want to put for their emergency contacts. I had to go 10:30:45 15 Q After Merced junior college, did you attend any other 10 29 27 16 over that first. Get their insurance cards if available. And 10:30:55 16 type of certificate programs or anything else? 10 29 30 a7 then I would go back and work on the packet. 10:30:57 17 A No. 10 29 40 18 Q And — let me back up a little bit. 10:30:58 18 Q Before Turlock Nursing, before you started that job in 10 29 44 19 So part of your training was videos and s adowing. Do 10:31:06 19 July of 2017, where did you work? 10 29 48 20 you have any formal training for~ in either the medical field 10:31:08 20 A I worked at Image Masters. 10 29 53 al or for skilled nursing facilities? 10:31:14 21 Q And what kind of a company is that? 10 29 56 22 A No. 10:31:16 22 A Screen printing, embroidery, and marketing. 10 29 57 23 Q What's your educational background? 10:31:21 23 Q So was your job with Turlock Nursing, was that your 10 30 oo 24 A Educational background, referring to college? 10:31:26 24 first time working in a skilled nursing facility? 10 30 05 25 Yeah. So did you graduate from h school? 10:31:31 25 A Yes. Page 20 Page 21 10 a1 a1 Q Okay. Thank you. 10 33 107 A Yes, 10 a1 35 Okay. So you were talking about introducing yourself 10 33 107 Q Okay. And then what's the next document you would show 10 a1 39 to residents, getting their emergency contact information, 10 33 12 residents? 10 a1 43 getting their i surance card, then you said you would go back 10 33 12 A We would go over there was quite a few things. We 10 a1 46 5 to the packet, 10 33 122 ‘went over the pharmacy, went over laundry, I went over things 10 a1 a7 So what's the first document you would present toa 10 33 29 that were available at the facility, I would go over who they 10 a1 49 resident as part of that packet? 10 33 39 ‘would like to get any kind of medical information, I would let 10 53 A. Going over their rights. 10 33 45 ‘them know how long that was available for. I would let them 10 a1 55 Q And is that a standardized form that you would use? 10 33 50 know how much copies would be if they wanted medical records. 10 a1 58 10 A When I would go in to see the patients, I would have it 10 33 56 10 I would also go over the Arbitration Agreement, which is the 10 22 04 11 on an iPad, electronically. 10 34 02 1. very last document in the packet. 10 12 Q And generally speaking, in the time frame ofsay 2019, 10 04 12 Q Okay. Great. Thank you. 10 13 did you use the iPad as the primary method of showing patients 10 14 13 So in cireling back to your training, so you did the 10 22 23 14 and their families documents? 10 20 14 initial shadowing and the initial video training, and then 10 22 24 A Yes. 10 22 15 every year, annually, you could watch videos to do additional 10 22 26 16 Q Have you always used the iPad the entire time you've 10 27 16 training; is that right? 10 22 30 a7 worked there, or has there been a time where it's been 10 28 17 A Correct. They would make different adjustments to the 10 22 33 18 hardcopy? 10 34 18 packet 10 22 34 19 A I would either use the iPad — when | fi started 10 34 19 Q So they would provide you with updated information to 10 22 37 20 working there I was using a desktop. 10 42 20 share with the client ~ or share with your residents and 10 22 ay al Q — Asof January 1, 2019, the iPad was in use? 10 44 21 things like that? 10 51 22 A Correct. 10 45 22 A Yes, 10 54 23 Q Okay. So you would first start with the patient 10 45 23 Q Did you ever do a training where a live instructor was 10 o1 24 rights. And was that a standardized form on your iPad that you 10 34 52 24 giving you updates on how to perform your job? 10 05 25 would show residents? 10 34 55 25 A No. 6 (Pages 18 to 21) University Reporters 916-567-1550 Deanna Brummell Page 22 Page 23 10 34 57 do 5 Q In the video training, were they done by ~ you know, 45 And do you know what her job title was? 10 who were the people who would do the video trainings ~ strike do 5 47 Ido not, 10 25 21 that. That's a terrible que mn, I'm sorry. 10 50 Did she work for Turlock Nursing & Rehabilitation? 10 35 24 Was there a company that Turlock Nursing used to 10 57 Yes. 10 35 26 5 provide you with videos, or were these videos created by 10 58 Q And, sorry, one more admonition, if at any time, like I 10 25 30 Turlock Nursing specifically for your position, or the 10 aL said, you want to take a break to talk to your counsel, we can 10 25 34 adm sion pos ion? 10 16 do that, but I just ask that no communications take place 10 35 34