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S10 STYLE OF JESSE JASSO CASE: vs. BRADLEY CARTWRIGHT AND BRUCE CASE NO: 2005-45889PERTAIN TO: JESSE ROLAND JASSO, JR. FROM: INTERVENTIONAL PAIN MANAGEMENT §225 KATY FREEWAY, SUITE 105 HOUSTON, TX 77007 TYPE MedicalDELIVER TO: LEE THWEATT GOFORTH, LEWIS & SANFORD, L.L.P. 1111 BAGBY, SUITE 2200 HOUSTON, TX 77002 IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS 152ND JUDICIAL DISTRICT 14446-21 RECORDER'S MEMORANDUM This instrumentis of poor quality at the time of imaging a08/25/2006 15:59 7136537171 US LEGAL SUPPORT PAGE 983/88 ~ ~ No, 2005-45889 JESSE JASSO IN THE DISTRICT COURT OF vB. HARRIS COUNTY, TEXAS 152ND JUDICIAL DISTRICT DRADLEY CARTWRIGHT AND BRUCE GILBERT IDAVIT. Records pertaining to: JESSE ROLAND JASSO, JR. (Medical Records) i fore the undersigned authority, personally appeared 2p. MA Bax Au , who eing by me duly swom, deposed as follows: My name is Pare Baris . Lam over 18 years of age, nf sound mind, hhapable of making this affidavit, and personally acquainted with the facts stated herein. am the Custodian of records for [ALP. (AG) NT. pe + tached hereto are AFA pagers) of records pertaining to JESSE ROLAND JASSO, JR... These rds are compiled and maintained by ALP. in the regular of business, and it was the regular course of business of INTERVENTIONAL PAIN for an employee or representative or doctor with personal knowledge of the act, ent, condition opinion ot diagnosis recorded in said records to personally make the memorandum or cord entries, or to transmit or dictate the data to be transcribed and included in such memorandum or ecord. All entries into the record were made at or near the time of the act, event, condition, opinion or fdiagnosis recorded therein or reasonably soon thereafter. ¢ records attached hereto are the originals or exact duplicates of any and all medical and emergency om records, records, reports, radiology reports, pathology reports, x-ray reports, MRI reports, CT can reports, ultrasound reports, memoranda, correspondence, consultations, insurance records aud/or Jaims, workers’ compensation records and/or claims, photographs, including but not limited to any and documents which may be contained in patient file from other care providers, including patient information sheet, handwritten notes, telephone messages, and any correspondence pertaining to the fie amination and/or treatment of JESSE ROLAND JASSO, JR. (DOR: 05/30/1970, SSN: 452-77- 17555). SWORN TO AND SUBSCRIBED before me on the | 2p. day of Otaatabrer 20_Dy. s LLL LLL LL LLL ALLA Whe BLEU MARNI LYNN WELCH TEXAS. NOTARY PUBLIC, STATE OF S: MY COMMISSION EXPIRE 8 NOTARY PUBLIC | Order No, O1-14446-021 JAN. 17, 2010 PLLA ALLA SAAD LA AAS SaOo”oncvee r ~@ sce 55> Chief Complaint: “ we oP ~ PLL: PR. im sip cess *> Oo et pyle _ Ghlon thauen eg Iv R be“be{tong wpe On now nok 2 50h onk De lao shoot Su Qee lee ie 9 he neonoe sos, nl: 3c) R.O.S. Pain-012345 ana Birvassrase Gel w 789 10 x a” ult Fatigue~0 1234)5678910 Constipatior 12345678910 Pe Depression 1234567 89.10 anxiety {123456789 10 Aignt i Appetite 1 2345678910 sieep-{o) 2345678910 te Weakness Q)12345678910 Feeling of wellbeing-01 23 4 78910 Gait: C >) Weakness -) Numbness: GC) Que Tingling: G) Que Dbo Fever: (D Cough. OX Chest Pain. C ) S.0.B. New Complaints: Gyske Medications elginag 5.6 Physical Exam: Vital Signs: Fools Pain Score 0-10: |e > S-CJio Avy. nek Ie HEENT: HEART: \ CHEST: ABDOMEN, NP (ere) i EXTREMITIES SLRT. (ABee Chev Vy SPI Mi SI Joint: + ) sqosms Bk. ug! Stresing: vRom C+ \@s > KNEES: se Crmtd ) NEURO: beet Xrays MRI: Labs: ASSESSMENT @ DIAGNOSIS: Carncallnes Z Que 1 Ob Ape? @e-7 a Leet y mupeds pepanms Rk. oops Fenps Crowe tes daQeo PLAN: Spt mr Planted Procedures: itMe che sx 30 Next Appointment tusteles 000001—— Dr. Chahadeh dora. Suen 20S -— 3 Zils also bo 7992 SA%0 #50 Chak de@, HASSAN CHAHADEH, M.D. Interventional Pain Management FOLLOW-UP ASSESSMENT Please fill out the following information and retum it to the front desk. This will minimize your waiting period and allow us to serve you better. Thank you for your cooperation. PATIENT'S NAME: Sessz,f Sno Th. DATE: QZ 30lo¥ DATE OF INJURY: "777 //a 3 DATE OF BIRTH: 3/7 5¢7 45 Prior to this visit, have you seen Dr. Calvilloor Dr. Chahadeh in a surgery center or hospital? Ge 1. Where is your pain today? (Give exact location and make sure to mention all the painful areas) fsecleo C Po ali 2. Ina scale from 0-10 (0=no pain/10=unbearable pain) How much pain do you have today?_S at its worst? ¥ on average with m at tions? _(o . 3. Does the pain radiate anywhere? 3) (No) Where? Downs Paget Aer 4. Do you ha ive nu: bness, tingling, color or temperature changes? (Describé) Sade Pix rL BE 5} t- 5. What makes the pain better? Z_ Medication __/Lying Down Walking Sitting standing Frequent changes in position Heat Ice 6. What makes it worse? lying down Walking. sitting stan airs ‘Changes in weather _/ other (describe) Set KC Coen 7. Since your last visit, have you received: physical therapy, rehabilitation, work hardening, psychological evaluation/treatment? If yes, for how long? ko (Describe) 8. Are you improving with the above treatment? (Yes or No) How much? % 9. Have you received injections or undergone surgery since your last visit? <2$ Describe 2m Sets 10. Response to treatment above (better, warse, no change). Ab, Sane % 11. Have you seen another doctor since yolr last visit? (IME, DD, Orthopedic surgeon, etc) bd 12. Are you having any problems with? __ Activities of daily living L Work requirements ___ Weight gain/loss __ Fever * _/ Fatigue __ Depression __ Eyes Ears __Nose ~ Throat _/ Headaches __ Difficulty swallowing __ Swollen glands ___ Cough/Difficulty breathing ___ Chest pain/tachycardia/palpitations __ swelling of feet __ Abdominal pain/heartburn. __ Nausea/vomiting __ Diarrhea/constipation . __ Dizziness 13. Have you undergone any new diagnostic studies since your last visit? at 14. What medications are you taking now? Uj Cadi sno 15. Is the medication helping you? ome 16. Additional comments Gerd Ok Bet 4S Dev Cos pvI id 4045 Lae fS.e Thank you 000002se patna atte@ i 1} » r jt ———— na Name: Desc ee Vasso Date: Fy / 20/6 Y¢ Age: 24 Referring Physician; Esses Where ‘s your worst area of pain? (Chlet Complaint) : feeer Lise L2 : A Please mark the areas you feel pain on the drawings, Put an "E" if It Is external or an "I" if His Internal next to the areas that you have pain. (Put an “&!" if the pain ig both internal and external.) we Right JA, Right VS Ns UW wY ANA “Lys PATIENT LABEL 000003“AY RAAttias atta,: se eeenre ereey 6 4 @': j OFFICE VISIT Chief Complaint: HLP.L PL. is s[p CesT HX wlmooleae d Pa, wags Oued, + br ~ Nn Oars Roe [ed Dee Tipacn w/ Coehae* Bro Alo Cow back gan R.O.S. Pain-0'1 5 64°8 239410 WG nuser0) 2345678910 Fatigue-01236)s 6789 10 * Consttpatton/0) 1 2345678910 Depression {0)1 2345.67 89.10 Anxlety-@)1. 23456789 10 am Appetite (0) 2345678910 Sleep ~ 0120)45678910 aN Weakness (3) 2345678910 Feelin of wellbe glog~01 2 3 4 s(6Yy 8 910 G@) teada Gait: (- >) Weakness: © >) Numbness? +) Ok, nd G) at Fingers Tingling: Fever:(—) Cough: C) Chest Pain: -(~). $.0.B ry New Complaints: Medications: 84 vox bysical Exam; Vital Signs Shale. Pal S re 0-10: <> 10 Avg. wWlhwads HEENT:df HEART: REY CHEST: WoL ABDOME SP ” G) ee, enaaT Colharatd Y EXTREMITYES: a) mous SPINE: Coes, NO IS LOSCRRETL SI Stresing: wl gt karan KNEES: Re. < Saad) ben® feng Se as ek . La0K NEURO: +@ gorse Car Xrays: Labs « C1 padres lo; ASSESSMENT. DIAGNOSIS: Comme ow ? Rus Radiat ( Ron ue Wn e Cu-1 pu MeL | isee de &parms ase. wlar " anneal CR rev) Lennntp atone. 000004 PLAN: “Por Qa Chahadieh, Planted Procedures: CesT #3 w ad depsok cess, #3 TPL Pe Dah Seafct ® mwe7ds % 30 oe ag 4 mana Sppointmen t Marco * GO mo 10 ™ B Flu w/ Or. ESSES” Ratommend Row sergcead aoLuokios vowed 8 He wns cQ Chahadeb Krad s dnentha wel.tA ©AWG Tyesse LR Sasso [Zor [air [am sbe| 17-1-0f@' SSAN CHAHADEH, M.D nterventional Pain Management OLLOW-UP ASSESSMEN Please fill out the following information and retum it to the front desk. This will minimize your waiting period and allow us to serve you better. Thank you for your cooperation. PATIENT'S NAME:_-S¢|%82 2 “4s@¥paTE: 77 h/ou DATE OF INJURY: 7 ule 2 DATE OF BIRTH 5 730/70. Prior to this visit, have you si pen Dr. Calvillo or Dr. Chahadeh in aa'surgery center or hospital? 2S 1. - Where is your pai painful areas) 2. - Ina (Ve E day? (Give exact location and make sure to mention all the Dad Mee hle Loewe. scale from 0-10 (0=mo pain/10=unbearable pain) How much pain do you have today? atit* worst? @ onayerage with medications?_¢,. 3. — Does the pain radiate anywhere? (No) Where? 4. - Do you have numbness, Fingling, color or temperature changes? CPiseribe), Seb Ln7 IC AySe 5,.- What makes the pain better? _7/ Medications Lying down: Walking Sitting Standing Frequent changes in position ——Heat Ie 6. - What makes it worse? _| Lying down Walking Sitteg ~_ Standing \/ Changes in weather] Other (describe) 7. - Since your last visit, have you receiyed: physical therapy, rehabil£taiion, work hardening, psychological evaluation/treatment? If yes, for how long? _- (Describe) 8. - Are you improving withthe above treatment? (yes}(as) How mud? CO Describe. ? Tasec yer Ss Ve 9. - Have you teceived iinjec! ions or undergone surgery since your lastuisit?__ eS Ce 5 10. - Response di treatment Alove (better, worse, no change) pb Clare %11. - Have you seen another [doctor since your last visit? (IME, DD, Orthopedi lurgeon,etc.)12. - Are you having any pr blems with Activities of dail living J Work requirements __ Weight gain/loss Fever Zz Fatigue Depression. __ Eyes Ears Nose Throat ¢ Headaches Difficulty swallowing Swollen glands Cough/Difficulty breathing Chest pain/tachygardia/palpitations Swelling of fect or hands Abdominal pain/heartbum Nausea/vomiting Diarrhea/constipation Dizziness13. - Have you undergone y new diagnostic studies since si your last visit?__- MO “““__ 714,- What medications are you taking now? I Qj Lelibek Fate’15, - Is the medication helping you? Org16. - Additional Comments co>Revised 1/20/04 () 000005yh fi ; @ % ic i} - ——— ji va Neme: Jesse 2, Sem Date: Z. Age: 34 Referring Physician: Esse S L ‘ Where ' your worst area of pain? (Chlef Complaint): AZL he Please mark the areas you feel pain on the drawings, Put an 'E” if fle external or an “I if it fs Interna! next to the areas thet you have pain, (Put an "El"if the pain fe both initernal and external) v7 tT hes Right ak Right . 7 Uh NS ars a PATEHT VBEL 000006@HASSAN CHAHADEH, M. »@ INTER . ENTIONAL PAIN MANAGEM..AT, L.L.P. 5225 Katy Freeway Suite 240 Houston, TX 77007 - PROGRESS NOTE PATIENT: Jasso, Jesse DATE: 06/23/04 HISTORY OF PRESENT ILLNESS: The patient is here for follow-up evaluation afterhaving undergone his second cervical epidural steroid injection. He reports that he hasnot experienced any improvement with the injections. He continues to complain ofsevere pain in his neck and muscle spasms in both shoulders, right greater than left. Hekeeps his head forward flexed as he reports increased pain with bending his headbackwards. He is also complaining of low back pain without radiation to his lowerextremities. He states that his neck pain is much greater than his back pain. He rates hispain as 6/10 on average with medications. He is currently prescribed Norco 10 mg twicedaily and Zanaflex 4 mg at bedtime for spasmsREVIEW OF SYSTEMS: Positive for numbness and tingling of his fingers in his righthand, fatigue, and headaches. He denies difficulties with activities of daily living; weightgain or loss; fever; depression; difficulties with eyes, ears, nose, and throat; difficultyswallowing; swollen glands; cough; difficulty breathing, chest pain; swelling of feet orhands; abdominal pain; heart burn; nausea; vomiting; diarrhea; constipation; anddizziness.PHYSICAL EXAMINATION: Vital signs are stable. The patient is alert and orientedto person, place, and time with Hlormal insight and judgment. HEENT: Head isnormocephalic. Pupils are equal, round, and reactive to light and accommodationOcular movements are. within normal limits Ears are normal with intact tympanicmembranes without secretion. Nose and throat are within normal limits without exudatesor erythema. Neck: Supple. Thyroid palpable without evidence of masses. Normalcarotid upstroke without bruits. Lungs: Clear to auscultation and percussion. Noevidence of rhonchi, rales, or wheezes. Heart: Regular rate and rhythm. Normal $1, $2without murmurs or gallops. Abdomen Soft, depressible. No tenderness uponpalpation. No abnormal masses. Extremities: No clubbing, cyanosis, or edema.Cervical Positive for bilateral paraspinous tenderness as well as spinous processtenderness at C6-C7. Decreased range of motion with hyperextension with pain elicited.The patient keeps his head forward flexed. Muscle spasms are present in the rightcervical paraspinal and bilateral suprascapular muscles, right greater than left.Lumbar: Positive for bilateral paraspinous tendemmess. Neurologic Exam: Intact. 000007®@ HASSAN CHAHADEH, M.D ® INTEK v ENTIONAL PAIN MANAGEM. NT, L.L.P. 5225 Katy Freeway Suite 240 Houston, TX 77007 PROGRESS NOTE RE: JASSO, JESSE 06/22/04 PAGE 2 ASSESSMENT: Cervicalgia; herniated nucleus pulposus C6-C7. per-MRI, right upper extremity radiculitis, C7 radiculopathy, right greater than left, per EMG; bilateral suprascapular and right cervical paraspinal muscle spasms, right greater than left and lumbalgia. PLAN: After consultation with Dr. Chahadeh, it is recommended that the patientundergo a third cervical epidural steroid injection with trigger points of the rightsuprascapular muscles. If he still experiences no improvement and pain, he will need tobe referred back to Dr. Esses for possible surgical evaluation. He was given medicationrefills today for a 30-day supply of Norco 10 mg, #60; and Zanaflex 4 mg, #30. It is alsorecommended that he obtain a muscle stimulator to help decrease his pain and musclespasms. es ta QA-Amanda Fischer, PA-CHassan Chahadeh, M.D.DD: 07/06/04 DT: 07/07/04cc: Steven Esses, M.D. Jim S. Adler, Esq.nz/DDN 000008@assan CHAHADEH, M.D. ®a INTER . ENTIONAL PAIN MANAGEML..T, L.L.P. 5225 Katy Freeway Suite 240 Houston, TX 77007 PROGRESS NOTE PATIENT: Jasso, Jesse DATE: 06/10/04 HISTORY OF PRESENT ILLNESS: The patient is here for follow-up evaluation after having undergone a cervical epidural steroid injection on 06/08/04. He reports approximately 10% relief and pain. He continues to complain of pain radiating to both upper extremities, right greater than left, with occasional numbness and tingling in the fingers in both hands. He continues to report stiffness in his neck. He is also complaining of ongoing low back pain. He states that he had increased range of motion and flexibility when he was given Celebrex; however, he ran out of the samples and would like to have these given to him again. He says that his pain medications only “take the edge off.” REVIEW OF SYSTEMS: Positive for occasional numbness and tingling in the fingers of both hands. He denies weight gain or loss, fever, fatigue, depression, difficulties with eyes, ears, nose, and throat, headaches, difficulty swallowing, swollen glands, cough, difficulty breathing, chest pain, swelling of feet or hands, abdominal pain, heartburn, nausea, vomiting, diarrhea, and constipation. PHYSICAL EXAMINATION: Vital signs are stable. The patient is alert and oriented to person, place, and time with normal insight and judgment. HEENT: Head is normocephalic. Pupils are equal, ¢ound, and reactive to light and accommodation. Ocular movements are within normal limits. Ears are normal with intact tympanic membranes without secretion. Nose and throat are within normal limits without exudates or erythema. Neck: Supple. Thyroid palpable without evidence of masses. Normal carotid upstroke without bruits. Lungs: Clear to auscultation and percussion. No evidence of rhonchi, rales, or wheezes. Heart: Regular rate and rhythm. Normal S1, S2, without murmurs or gallops. Abdomen: Soft, depressible. No tenderness upon palpation. No abnormal masses. Liver and spleen are not palpable. Rebound is negative. Extremities: No clubbing, cyanosis, or edema. Cervical: Positive for bilateral paraspinous tenderness. Range of motion is decreased with extension. Lumbar exam: Positive for bilateral paraspinous tendemess. Neurological exam is intact. 000009 Se7. iit hi INTERV |. dlNTIONAT. PAIN ML: MANAGEMES § LAr $225 Katy Freeway a Suite 240 4we - Houston, TX 77007 PROGRESS NOTE PATIENT: Jasso, Jesse DATE: 06/10/04 PAGE 2 ASSESSMENT: Cervicalgia with 10% improvement status post 2 days after injection, bilateral upper extremity radiculitis, bilateral C7 radiculopathy, right greater than left per EMG, lumbalgia, and muscle spasms of the bilateral suprascapular and parascapular muscles. PLAN: It is recommended that he undergo a second cervical epidural steroid injection He will be continued on his current medications. He was given medication refills for a 30-day supply of Norco 10 mg, #60 and Zanaflex 4 mg, #30. He will need to return to clinic in 4 weeks. aebhe, PA-C Amanda Fischer, PA-C Hassan Chahadeh, M.D. cc: Stephen Esses, M.D. Jim Adler, Esq. DD: 06/10/04 DT: 06/15/04 ew ulZ fm/DDN Pa 000010wee ee Mtseye aves aes t fittle (rt in pun 70 ‘Caogi ag } Sop Chief ae te ak HPL: hia feirens Roparts « 10% nsbag we P ste ces 4) slo - see Aadufin +s Que, Ch ceP ROS. Newer (Ht 2345678910 ReER Paln srseQre Fatigue #0)12345678910 Constipatlo, 0)12345678910° Depresstonl-9)1 Appetite, 2345678910 12345678910 Anxlety 0) 123456789 Sleep-0 1 2 45678910 10 Aignt “| ( Weakness} 0/1 2345678910 i Feeling of wellbelng—01 23 4 789130 Gait: \ Weakness: G Numbness: C +) SEB CY Fever(_” =) Cough: GC» Chest Pain:=) S.O.B.; —) New Complaints: Medications: tahew t Row+ the wpe G at Physical Exam: Vital Signs: Pain Score 0-10: o W> HEENT: HEART: \ EW CHEST: ABDOMEN | Se} EXTREMITIES: SPINE: one SLE B pgrnrg Sieur CO) Dgeprpr ines | Cenc) Ferbane SCELED m9 erStresing: eakcetae ms castor) KNEES: NEURO: Xrays: MRI 10% emeproce reel § [pany cot AS: SESSMENT @ DIAGNOSIS: aweConc CL slaee Buse pal ultes Lovatoon renenelle syamme (Drea @ee ir scape ay * “yeoni PLAN,“ P20 0. @- Planied Procedures: D0 tkGO Marco 10 Next Appointment: ~ 4 useckS— Dr. Chahadeb Shimnandde A. eRe, Ra- 00001116 Jesse L. Jas = [89604 [ 964 [dance [w/o JG® y @::- x HASSAN CHAHADEH, M.D Interventional Pain Management FOLLOW-UP ASSESSMENT. Please fil) out the following information and retum it to the front desk. This will minimize your waiting period and allow us to serve you bé¢tter, Thank you for-your cooperation. PATIENT'S NAME: “Sodse (2 . “Jasso DATE: 5 L/ ee DATE OF INJURY: 1V2 3 _ DATE OF BIRTH" fio 1728 Prior to this visit, have you sten Dr. Calvillo or Dr. Chahadeh itinga Surgery center or hospital? Ke 1. - Where is your ra eet ? (Give exact location and make sure to mention all the painful areas) ‘ 2.-Ina sant from ah ‘Oe 0 pain/10=unbearable pain) How much pain do you have today? at its worst? © __ ‘on average with medications? $ 3, — Does the pain radiate anywhere? . (No) Where? a 4, - Do you have numbness, Hingling, lor or temperature chan; es? Desseibe)__ Pajlt 977 ot talce Ey Aye € 3, What makes the pain better? _5< Medications “Cying down: Walking Sitting Standing Frequent changes in position Heat Ice 6.- What makes it wotse? | _ Lying down alking ___ Sifting” +, Standing~~. frber. de DC Changes iin weather} ___ _ Other (deseribe) Arie 2 pee he
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(Code Civ. Proc., § 2031.260, subd.(a).) If a party to whom requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling response to the demand. (Id., § 2031.300, subd. (b).) There is no time limit for a motion to compel initial responses, and no meet and confer efforts are required. (See id., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.) Nor must a separate statement be filed. (Cal. Rules of Court, rule 3.1345(b)(1).) In addition, a party who fails to provide a timely response generally waives all objections. (Code Civ. Proc., § 2031.300, subd. (a).) When a party moves to compel initial responses to requests for production, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes [the motion], unless it finds that the one subject to the sanction acted with substantial justification or that other circ*mstances make the imposition of the sanction unjust. (Code Civ. Proc., § 2031.300, subd. (c).) In Chapter 7 of the Civil Discovery Act, Code of Civil Procedure section 2023.010, subdivision (d), defines [m]isuses of the discovery process to include [f]ailing to respond to or to submit to an authorized method of discovery. Where a party or attorney has engaged in misuse of the discovery process, the court may impose a monetary sanction in the amount of the reasonable expenses, including attorneys fees, incurred by anyone as a result of that conduct. (Code Civ. Proc., § 2023.020, subd. (a).) Motion to be Relieved as Counsel The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code of Civ. Proc., § 284(b).) An attorney is permitted to withdraw where conflicts between the attorney and client make it unreasonable to continue the representation. (See Cal. Rules of Prof. Conduct 3-700(C)(1).) The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court. (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.136(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)). Further, the requisite forms must be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) The court may delay effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court. (Cal. Rules of Court, rule 3.1362(e).) Discussion Motions to Compel On September 6, 2023, Defendants served Plaintiff with discovery including Form Interrogatories, Special Interrogatories, and Request for Production. (Goodwin Decls., ¶ 2 & Exhs. A.) Plaintiff has not responded. (Id., ¶ 5.) Defendants need not show anything more. The motions to compel Plaintiff to respond to the Form Interrogatories, Special Interrogatories, and the Request for Production are GRANTED. Defendants do not seek sanctions. Motion to be Relieved as Counsel Counsel has filed the Notice, Declaration, and Order to be relieved as counsel. On the Declaration, Counsel states there has been a breakdown in of the attorney-client relationship. Counsel served Plaintiff by mail and electronic mail at Plaintiffs last known email address. Counsel further attempted to confirm the Plaintiffs current address by mailing the motion papers to the last known address with return receipt requested, called Plaintiffs last known telephone number, sent Plaintiff contact letters, left voicemails and ran a TLO search. The Order includes all future hearing dates. The Court finds Counsel has established good cause to be relieved due to the breakdown of the attorney-client relationship. Accordingly, the motion is GRANTED. Conclusion The Court GRANTS the Motions to Compel Plaintiff Rickey Ball to Respond to Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production (Set One). The Court ORDERS Plaintiff to serve code compliant, written, verified responses, without objection, to Defendants Form Interrogatories within 21 days of notice of this order. The Court ORDERS Plaintiff to serve code compliant, written, verified responses, without objection, to Defendants Special Interrogatories within 21 days of notice of this order. The Court ORDERS Plaintiff to serve code compliant, written, verified responses, without objection, to Defendants Requests for Production within 21 days of notice of this order. The motion to be relieved as counsel is GRANTED. The order is effective upon the filing with the Court of proof of service showing service of the signed order on Plaintiff. Defendants are ORDERED to give notice as to the motions to compel. Plaintiff's Counsel is ORDERED to give notice as to the motion to be relieved.
Ruling
Alexander Family Trust vs. Simao, et al.
Aug 22, 2024 |23CV-0203196
ALEXANDER FAMILY TRUST VS. SIMAO, ET AL.Case Number: 23CV-0203196This matter is on calendar for review regarding status of settlement and trial setting. The previoustrial dates were vacated by the Court’s June 6, 2024 Order. Plaintiff’s claims against Safeco werebifurcated March 15, 2024, and trial of Plaintiffs claims against Safeco were to follow resolutionof the claims against the other Defendants. Case management statements have been filed, but it isunclear which parties, if any, have reached a settlement. At the last hearing on June 17, 2024,Counsel indicated that all parties except for Safeco had settled. However, notices of settlementand dismissals are not on file for any party. Additionally, Jacqueline Simao’s Cross-Complaint,filed November 13, 2023, against Allen & Roth and Lowe’s Home Improvement has not beenserved.The Court designates this matter a Plan II case and intends to set the matter for trial no later thanMarch 11, 2025. Defendants have posted jury fees, but Plaintiff has not. Plaintiff is granted 10days leave to post jury fees. A failure to post jury fees in that time will be deemed a waiver of theright to a jury. The parties are ordered to appear to provide the Court with status ofsettlement as to Defendants Simao, Rayfifield and 2584 Reservoir Lane, and to discussavailable trial dates as to Defendant Safeco.
Ruling
BRIAN BEAN VS FM RESTAURANTS EL TORITO OPCO LLC, A CORPORATION, ET AL.
Aug 21, 2024 |6/18/2022 |23SMCV05675
Case Number: 23SMCV05675 Hearing Date: August 21, 2024 Dept: I The demurrer relies on a declaration to make its point. Testimonial declarations are not proper for the court to consider in demurrer. Nor is there a plausible or cogent argument suggesting that a testimonial declaration is subject to judicial notice. The demurrer is OVERRULED. Defendant has 5 court days to answer. The short period is advertent.
Ruling
FCS057573 - PEREZ, HEIDI JUDITH VS BOOKER, WESLEY (DMS)
Aug 20, 2024 |FCS057573
FCS057573Motions for ContemptTENTATIVE RULING:Petitioner’s “motions” for contempt are denied.No affidavit of the facts constituting any contempt has been presented to thecourt. The filing of a sufficient affidavit is a jurisdictional prerequisite to acontempt proceeding. (Code Civ. Proc. § 1211(a); Koehler v. Superior Court(2010) 181 Cal.App.4th 1153, 1169; Oil Workers Int’l Union v. Superior Court(1951) 103 Cal.App.2d 512, 541.) Page 1 of 1
Ruling
RACHEL TABB VS MATTHEW TYLER RAY, ET AL.
Aug 19, 2024 |Renee C. Reyna |23STCV05733
Case Number: 23STCV05733 Hearing Date: August 19, 2024 Dept: 29 Tabb v. Ray 23STCV05733 Motion to Compel the Deposition of Plaintiff Rachel Tabb and Produce Documents filed by Defendants Matthew Tyler Ray and Counsel Productions LLC. Motion to Compel Compliance with Request for Production filed by Defendant Counsel Productions LLC. Tentative The motion to compel Plaintiff to appear for deposition and produce documents is denied without prejudice. The motion to compel compliance is granted. The request for sanctions is denied. Background On March 15, 2023, Rachel Tabb (Plaintiff) filed a complaint against Defendants Matthew Tyler Ray (Ray), Counsel Productions LLC (Counsel), and Does 1 through 10, for negligence arising out of an automobile accident on March 24, 2022, at or near the intersection of North Cahuenga Boulevard and Ivar Avenue in Los Angeles. Ray and Counsel filed their answer on June 6. 2023. On June 12, 2024, Counsel filed the two motions that are set for hearing on August 19: (1) Counsels motion to compel Plaintiff to appear for deposition and product documents and (2) Counsels motion to compel Plaintiff to comply with her representation in verified responses to document requests that she would produce documents. No opposition has been filed. On July 16, 2024, Defendants filed replies. The hearings on these motions were initially set for July 23 and were continued by the Court to August 19. Legal Standard Motion to Compel Deposition Any party may obtain discovery & by taking in California the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) Code of Civil Procedure sections 2025.210 through 2025.280 provide the requirements for (among other things) what must be included in a deposition notice, when and where depositions may be taken, and how and when the notice must be served. The service of a deposition notice & is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying. (Id., § 2025.280, subd. (a).) Section 2025.230 provides: If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent. Section 2025.410, subdivision (a), requires any party to serve a written objection at least three days before the deposition if the party contends that a deposition notice does not comply with the provisions of sections 2025.210 through 2025.280. Section 2025.450, subdivision (a), provides: If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for¿inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponents attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. Any such motion to compel must show good cause for the production of documents and, when a deponent has failed to appear, the motion must be accompanied by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. (Id., subd. (b).) Motion to Compel Compliance with Request for Production In response to a document request, the responding party must set forth (1) a statement of compliance; (2) a representation that the party lacks the ability to comply; or (3) an objection to the demand. (Code Civ. Proc. § 2031.210, subd. (a).) If a party filing a response to a demand for inspection, copying, testing, or sampling & thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that partys statement of compliance, the demanding party may move for an order compelling compliance. (Code Civ. Proc., § 2031.320, subd. (a).) [T]he court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circ*mstances make the imposition of the sanction unjust. (Code Civ. Proc., § 2031.320, subd. (b).) Discussion Motion to Compel Plaintiffs Deposition On March 12, 2024, Counsel first noticed Plaintiffs deposition for May 2, 2024. (Blair Decl., ¶ 6.) The parties met and conferred, and postponed the deposition. (Id., ¶ 8.) On April 30, 2024, Counsel served the second notice of deposition for May 31, 2024; Plaintiffs counsel informed Counsel that he would be away that date. (Id. ̧¶¶ 11, 13.) On May 16, 2024, the parties agreed to set Plaintiffs deposition for June 19; Counsel served the third notice of deposition on May 29, 2024. (Id., ¶¶ 14, 16.) Before the scheduled deposition date, Counsel filed this motion. After the motion was filed, on June 17, Plaintiff served untimely objections to the deposition notice. (Reply Blair Decl., ¶ 4 & Exh. G.) Nonetheless, Plaintiff did appear for the deposition and Plaintiff did produce some documents, while failing to produce others. (Id., ¶¶ 2, 5, 6-9 & Exhs H-I.) Counsels motion is denied without prejudice. The deposition has occurred. Counsel now contends that Plaintiffs document production was improperly incomplete, and Counsel seeks an order compelling a further production, but Counsel has not given Plaintiff (or the Court) adequate notice as to the relief Counsel seeks including which document requests, Counsel contends, should be the subject of the order for further production. Motion to Compel Compliance with Request for Production Counsel filed this motion seeking an order compelling Plaintiff to comply with her statement of compliance. On September 21, 2023, Counsel propounded discovery, including document requests, to Plaintiff. Plaintiff served responses on November 27, 2023. (Blair Decl., ¶¶ 6, 8 & Exhs. A-B.) In Plaintiffs responses to Requests for Production Nos. 1-4, and 6-17, Plaintiff represented that she would comply with the requests (in whole or in part). (Id., Exh. B.) At least as of the time the motion was filed, however, Plaintiff had failed to produce documents as promised in her statement of complaint. (Id., ¶¶ 10, 18, & 23.) Plaintiff has not filed an opposition. Accordingly, the motion is granted. The request for sanctions is denied. In the notice of motion and motion, Counsel does not state the amount of sanctions sought, as is required. Conclusion The Court DENIES, without prejudice, the motion of Counsel Productions LLC to compel Plaintiff to attend her deposition and to produce documents. The Court GRANTS the motion of Counsel Productions LLC to compel compliance. The Court ORDERS Plaintiff Rachel Tabb to comply with her statement of compliance and produce the documents that she represented that she would produce in response to Requests for Production Nos. 1-4, and 6-17 within 15 days of notice of this order. The Court DENIES the request of Counsel Productions LLC for sanctions. Moving party is ORDERED to give notice.
Ruling
Aug 19, 2024 |23CV-0202671
FORRESTER VS. M&M MEYERS ENTERPRISES, INC, ET AL.Case Number: 23CV-0202671This matter is on calendar for review regarding status of default judgment. The Court notes thatPlaintiff attempted to file a Request for Court Judgement. It was rejected by the Clerk because theDoe Defendants have not yet been dismissed. This matter is continued to Monday, September16, 2024, at 9:00 a.m. in Department 64 for review regarding status of default judgment. Noappearance is necessary on today’s calendar.
Ruling
VALENZUELA vs MENJIVAR
Aug 20, 2024 |CVSW2310366
MOTION TO COMPEL BY MARIACVSW2310366 VALENZUELA VS MENJIVARMENJIVARTentative Ruling: GRANT. Mr. Torres is to make himself available for a deposition within 30days of this order. DENY sanctions because the circ*mstances are unjust given that the court hasmade itself available for an informal discovery conference. If Mr. Torres fails to appear a secondtime, then the moving party should request an IDC. If after further intervention Mr. Torres refusesto cooperate, then the court will likely award full sanctions (to include attorney’s fees and costs).
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MADERA, SEAN vs. JARRAH, MUHAMMAD AMMAN
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