Ramin R. Younessi, Esq. (SBN 175020) Gabriel J. Pimentel, Esq.

(SBN 265328)

ELECTRONICALLY' 0312312012

2LA W OFFICES OF RAMIN R. YOUNESSI 3 A PROFESSIONAL LAW CORPORATION 4 5 6 7
8 9 10 11 3435 Wilshire Boulevard Suite 2200 Los Angeles; California 90010 Telephone: (213) 480-6200 Facsimile: (213) 480-6201 Attorneys for Plaintiff DEBRA VOTTA

SlJp.erio.F Co.lJrt 0.1' Califo.mia. Co.lJnty €If OraFl~e

FILED

at 10 ::24:1:10.N\JI

Clerk €If tha SlJp.eri€!F C€!lJrt By Fiiilel Imaml.Oep.lJty. Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER

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) Case No.: 00323060 ) ) PLAINTIFF DEBRA VOTTA'S NOTICE OF Plaintiff, ) MOTION AND MOTION TO STRIKE AND vs. y TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF RED ALINSOD, M.D., an individual, SOUTH) COAST MEDICAL CENTER, a California ) GABRIEL J. PIMENTEL 10 corporation, SOUTH COAST )
DEBRA VOTTA, an individual, UROGYNECOLOGY, INC., a California corporation, HERNIAMESH, an unknown business entity, COLO PLAST CORP., a Delaware corporation, CALDERA MEDICAL, INC., a California corporation, MENTOR CORPORATION, a Minnesota corporation, ETHICON, INC. d/b/a GYNECARE WORLDWIDE, an unknown business entity, ETHICON ENDO SURGERY, INC., an Ohio corporation, BOSTON SCIENTIFIC CORPORATION, a Delaware corporation, SMITH & NEPHEW, INC., a Delaware corporation, C.R. BARD, INC., a New Jersey corporation, and DOESl through 20, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Date: Ma~ 2012 Time: 1 :30 p.m. Dept.: C06 Complaint Filed: November 24, 2009 .. Trial Date: Post Trial

)
)

TO ALL PARTIES AND THEIR ATTORNEYS

OF RECORD:

-1PLAINTIFF DEBRA VOTTA'S NOTICE OF MOTION AND MOTION TO STRIKE AND TAX COSTS

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10 PLEASE TAKE NOTICE that on May ~2012 may be heard by in DepartmentC06 located at 700

at 1:30

p.m., or as soon thereafter as the matter
Center,

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of the Orange County Superior Court, Central Justice

W. Civic Center Drive West Santa Ana, California 92701, Plaintiff will and hereby
memorandum of costs or alternatively taxing their that many

does move for an order striking the defendants' claimed costs on the ground that the memorandum of the claimed costs are not recoverable by statute.

of costs is untimely, and on the ground

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This Motion is made pursuant to CAL. R. CT. 3.1700, Cry. PROC. CODE §§ 1033.5,1034 based upon this memorandum of points and authorities, the declaration of Gabriel

and is

J. Pimentel, as may be

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exhibits, the records and files in this action, and such other oral and documentary presented at hearing on this motion. Dated: March 22, 2012

evidence

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LAW OFFICES OF RAMIN R. YOUNESSI A PROFESSIONAL LAW CORPORATION

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16 17 18 19 20 21 By: ~---Ramin R. Younessi, Esq. Gabriel 1. Pimentel, Esq. Attorneys for Plaintiff __ -----

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28 -2PLAINTIFF DEBRA VOTTA'S NOTICE OF MOTION AND MOTION TO STRIKE AND TAX COSTS

1 2 I.

MEMORANDUM INTRODUCTION

OF POINTS

AND AUTHORITIES

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The defendants Red Alinsod M.D. and South Coast Urogynecology,

Inc. memorandum

of costs

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is untimely. In addition, many of the costs sought therein are not recoverable in any event. As such, the memorandum II. FACTS On October 24,2011, Exh. 1: Summary Judgment. the Court entered summary judgment in favor of the defendants On November 22,2011, herein. of costs should be striken in its entirety, or alternatively, the below costs should be taxed.

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the defendant Red Alinsod M.D. and South judgment of this

Coast Urogynecology,

Inc. served by mail a notice of entry of dismissal/summary Judgment.

action. Exh. 2: Notice of Entry of Dismissal/Summary belatedly served a memorandum Costs. III. ARGUMENT a. Time For Filing Memorandum of Costs

On March 7, 20 12, the defendant of

of costs that seeks over $17,000 in costs. Exh. 3: Memorandum

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"A prevailing party who claims costs must serve and file a memorandum

of costs within 15 days

after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal .... " CAL. R. CT. 3.1700 (a) (1). The memorandum of costs was improperly filed and should be stricken in its entirety. Indeed, as in this action was entered on October 24, 2011, the judgment to each party on November

shown by the exhibits herein, summary judgment

defendants herein mailed the notice of entry of dismissal/summary 22, 2011 and the memorandum summary judgment/dismissal).

of costs was filed on March 7, 2012 (106 days after notice of entry of As such, the memorandum of costs should be striken in its entirety.

-3PLAINTIFF DEBRA VOTTA'S NOTICE OF MOTION AND MOTION TO STRIKE AND TAX COSTS

b. Items Not Allowable as Costs

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(b) The following items are not allowable as costs, except when expressly authorized by law:
(1) Fees of experts not ordered by the court.

(2) Investigation expenses in preparing the case for trial. (3) Postage, telephone, and photocopying charges, except for exhibits. (4) Costs in investigation of jurors or in preparation for voir dire. (5) Transcripts of court proceedings not ordered by the court.
CIV.

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PROC. CODE § 1033.5.

c. Defendants Claim Unrecoverable Costs That Should Be Taxed i, Filing Fees Unrecoverable (1) (b)-(e) The defendants claim a total of $160 in filing fees for a demurrer and motion to strike the complaint and first amended complaint. These demurrers and motions were unnecessary, as they were

not dispositive of any issues in the case. Indeed, the malpractice action against the two defendants proceeded after the demurrers and motions were overruled and denied respectively. ii. Jury Fees Unrecoverable (2) (a) On October 3,201 I, our office posted jury fees in the amount of$150, and sent the defendants notice of this fact on that same day. Exh. 4: Notice of Jury Fee Deposit. The defendants could have avoided their October 7, 20 I I posting of jury fees in the amount of $150 if they would have checked the civil case summaries prior to that date, or read the notice of jury fee deposit given by our office four days prior. Since this cost was not necessary, it is not recoverable. See CIV. PROC. CODE § 1033.5 (c) (2).

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APLAINTIFFDEBRA VOTTA'S NOTICEOF MOTIONAND MOTIONTO STRIKEAND TAXCOSTS

iii. Deposition Costs Unrecoverable 4 (a) & (c)-(e)

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The defendants seek to recover a $1~OOO expert witness fee paid to Dr. Elliott Lander and a·· $1~OOO expert witness fee paid to Dr. H. Roger Hadley in exchange for their deposition testimony regarding their care and treatment of the plaintiff. Exh. 5: Dr. Lander Depo. Transcript; Hadley Depo. Transcript. Exh. 6: Dr.

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These costs were unnecessary and unreasonable, as these two doctors were

never designated as experts by any party, and were merely deposed in their capacity as percipien witnesses. There was no reason to pay these percipient witnesses $2,000 in expert fees because their status as physicians, without more, does not entitle them to expert witness fees under California law. These doctors were properly subpoenaed, and were required to appear at their depositions without an expert witness fee. In San Francisco v. Superior Court of San Francisco, 37 Cal. 2d 227, 234 (1951)~ a treating physician refused to testify regarding knowledge that he had acquired of his patient on the ground tha he was not paid more than the ordinary witness fee. The court responded as follows: "Doctor Catton asserted a privilege personal to himself, a privilege not to testify to knowledge and opinions that were the result of his special learning without payment of more than the ordinary witness fee. Petitioner asks him to testify, not by reason of his expertness in a special field, but because of his knowledge of specific facts as to Hession's condition, facts pertinent to an issue to be tried. He is like any other witness with knowledge of such facts; it is immaterial that he discovered them by reason of his special training. In testifying as a witness he would simply be imparting information relevant to the issue, as he would had he been a witness to the accident in which Hession was injured. A physician who has acauired knowled2e of a patient or of specific facts in connection with a natient may bE called upon to testify to those facts without any compensation other than the ordina~ witness

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receives for attendance upon court." San Francisco, 37 Cal. 2d at 234; McClenahan v. Keyes, 18~

w5PLAINTIFF DEBRA VOTTA'S NOTICE OF MOTION AND MOTION TO STRIKE AND TAX COSTS

Cal. 574, 583 (1922);

see also, People v. Barnes, 111· Cal. App.605, 610 (1931); People v. Conte, 1 supra, § 2203, p. 134; 3 So. Cal. L. Rev. 448; 39 Yale LJ. 761'

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Cal. App. 771, 784 (1912); 8 Wigmore, 2 A.L.R. 1576, 1577).

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The defendants also seek to recover $470.35 in transcribing

costs for a copy of the depositio These item an

transcript of Dr. Red Alinsod, and $175 for a copy of the video recording of the deposition.

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are not recoverable pursuant to CIV. PROC. CODE § 1033.5 (c) (2) because they were not necessary they were wasteful. Indeed, the parties stipulated to provide the original deposition Alinsod's transcript

to Dr had th

counsel of record, which was sent to their office. Because their counsel. already

original, there was no need to spend $470.35 to purchase a copy or $175 to obtain a copy of the vide recording. The defendants could have made a copy of the deposition transcript by copying the original a their office for the cost of printing ink and blank printer paper. If they wanted a copy of the vide recording, they could have requested one in a document request to our office, which would have cos them nothing. As such, the $470.35 in costs for a copy of the deposition transcript and $175 in costs fo a copy of the video recording should not be recoverable. The defendants also request $238.25 in costs for a copy of the deposition transcript of Dr. Ralp Mayer. This cost was unnecessary because this deposition was of an expert witness of a co-defendant The only cause of actio his case. As such

and involved issues related to the product liability aspect of the litigation. against Dr. Alinsod was negligence. None of the issues in this deposition the costs should not be recoverable.

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concerned

iv. Attachment Expenses Not Recoverable (6)
The defendants seek $2,772 in "attachment expenses" or service of process charges. This cost is in fact nothing more than photocopying charges that were paid in order to copy medical records. Such

-6PLAINTIFF DEBRA VOTTA'S NOTICE OF MOTION AND MOTION TO STRIKE AND TAX COSTS

costs are not recoverable pursuant to CIV. PROC. CODE § 1033.5 (b) (3), which provides that

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photocopying charges are not recoverable. Even if photocopying charges were allowed, only four out of the 32 facilities from which records were copied were necessary for the defense of this case: Mission Hospital, Lorna Linda University Medical Center, and Eisenhower Medical Center. The rest are irrelevant. The total cost for copies from these four facilities was $630. Thus, even if copying costs were recoverable (which they are not), the only records which were necessary totaled just $630. v. Expert Fees Not Recoverable (8) (b) (1)~(3) The defendants seek $3,375 in expert witness fees paid to Dr. Matthew Clark, $1,800 in expert witness fees paid to Dr. Donald Nortman, and $2,ODOto Dr. Karen Noblett, for a total of$7,175 in

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expert witness costs. CIV. PROC. CODE § I 033.5 (b) (1) expressly provides that fees of experts not ordered by the court are not recoverable as costs. For reasons unknown, the defendants attempt to slide in an additional $7,175 in unrecoverable costs. IV. CONCLUSION For the foregoing reasons, the plaintiff respectfully requests that this Court strike the defendants' memorandum of costs in its entirety on the ground that it is untimely, or alternatively, tax costs as set forth above. Dated: March 22, 20 12 LAW OFFICES OF RAMIN R. YOUNESSI A PROFESSIONAL LAW CORPORATION

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By:
Ramin R. Younessi, Esq. Gabriel 1. Pimentel, Esq. Attorneys for Plaintiff

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PLAINTIFF DEBRA VOTTA'S NOTICE OF MOTION AND MOTION TO STRIKE AND TAX COSTS

DECLARATION OF GABRIEL J. PIMENTEL

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I, Gabriel 1. Pimentel, declare as follows: 1. I am an attorney at law duly licensed to practice before the State Courts of California, action. and

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am one of the attorneys of record for Plaintiff Debra Votta in the above-entitled 2.

I have personal knowledge of all facts contained within this declaration, except those that and belief. I would and could be

are stated upon information 3.

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If called to testify to any fact contained within this declaration,

competent to do so. 4. On October 24, 2011, the Court entered summary judgment in favor of the defendants

herein. A true and correct copy of the Court's entry of summary judgment is attached hereto as Exhibit

1.
5. On November 22, 2011, the defendant Red Alinsod M.D. and South Coast

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Urogynecology,

Inc. served by mail a notice of entry of dismissal/summary

judgment of this action. A is attached hereto as

true and correct copy of the notice of entry of dismissal/summary Exhibit 2. 6. On March 7, 2012, the defendant belatedly

judgment

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served a memorandum memorandum

of costs that seeks of costs is attached

over $17,000 in costs. A true and correct copy of the defendants' hereto as Exhibit 3. 7. On October

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3, 2011, our office posted jury fees in the amount of $150, and sent the notice of jury

defendants notice of this fact on that same day. A true and correct copy of the plaintiffs fee deposit is attached hereto as Exhibit 4. 8.

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On July 8, 2010, the defendants took the deposition of Dr. Elliott Lander. Dr. Lander was treating physicians subsequent to the alleged malpractice committed by Dr.

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one of the plaintiffs

-8PLAINTIFF DEBRA VOTTA'S NOTICE OF MOTION AND MOTION TO STRIKE AND TAX COSTS

Alinsod. Dr. Lander was never designated as experts by any party, and was merely deposed in his

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capacity as percipient witnesses. True and correct copies of relevant portions of his deposition transcript are attached hereto as Exhibit 5. 9. On January 5, 2011, the defendants took the deposition of Dr. Roger Hadley. Dr. Hadley

was one of the plaintiffs treating physicians subsequent to the alleged malpractice committed by Dr. Alinsod, Dr. Hadley was never designated as experts by any party, and was merely deposed in his capacity as percipient witnesses. True and correct copies of relevant portions of his deposition transcript are attached hereto as Exhibit 6. 10. Both Dr. Lander and Dr. Hadley were required to appear for their depositions under California law because they were both properly subpoenaed to appear for their respective depositions. I I. On August 18,2011, the plaintiff took the deposition of Dr. Red Alinsod. 12. The parties stipulated to provide the original deposition transcript to Dr. Alinsod's counsel of record,which was sent to their office. Because their counsel already had the original, there was no need to spend $470.35 to purchase a copy or $175 to obtain a copy of the video recording 13. The defendants also request $238.25 in costs for a copy of the deposition"transcript of Dr. Ralph Mayer. This cost was unnecessary because this deposition was of an expert witness of a codefendant, and involved issues related to the product liability aspect of the litigation. The only cause of action against Dr. Alinsod was negligence. None of the issues in this deposition concerned his case. As such, the costs should not be recoverable. 14. The defendants seek $2,772 in "attachment expenses" or service of process charges. This cost is in fact nothing more than photocopying charges that were paid in order to copy medical records.

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-9PLAINTIFF DEBRA VOTTA'S NOTICE OF MOTION AND MOTION TO STRIKE AND TAX COSTS

15.

Even if photocopying

charges were allowed, only four out of the 32 facilities for the defense of this case: Mission Hospital,

from which Loma Linda

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records were copied were necessary

University Medical Center, and Eisenhower Medical Center. The rest are irrelevant. The total cost for copies from these four facilities was $630. Thus, even if copying costs were recoverable are not), the only records which were necessary totaled just $630. I declare under the penalty of perjury foregoing is true and correct. Dated: March 22,2012 under the laws of the State of California that the (which they

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By:~~~~

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Gabriel J. Pimentel

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-10PLAINTIFF DEBRA VOTTA'S NOTICE OF MOTION AND MOTION TO STRIKE AND TAX COSTS

EXHIBIT 1

1 YukK. Law (SBN: Jennifer K. ViJlebro (SBN: 231970) 2 LAW, BRANDMEYER + PACKER8BBEIcY~ . 245 S. Los Robles Avenue, Suite~O::~-,k Car1E~Nt~ 3 Pasadena. CA 91101 OCT202011 626.243.5500 Telephone 4 626.243.4799 Facsimile BY' E, SLJUEB
5

138928)FILED

SUP6RtORCOURTOFCAUFO~NIA OOUNTVOFORANGE .

.

.

CemtAlJU8TICE~.

ocr 24:2
K~

.

~.CIerI!CTlbeCOUlt

6

Attorneys for Defendants . BY RED ALINSOD. M,D. and SOUTH COAST UROGYNECOLOOY, ~C,

7
8 9 10 11 PEBRA VOTr A, an individual,

SUPERIOR COURT OF THE STATE OF CALlFORNIA FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER

12. 13
v.

Plaintiff,

14 RED ALINSOD, M:D., an individual, SOUTH ) UROGYNECOLOGY'S MOTION FOR COAST UROGYNECOLOGY, INC., a ) SUMMARY JUDGMENT ) .. 15 California corporation, etal., .

) II&R6P6S!DJ ORDER GRANTING RED ) ALINSOD, M.D. AND SOUTH COAST

)

) CASE NO. 30-2009-00323060-CU-PL-CJC ). [Assigned to Honorable Luis A, Rodriguez in ) Dept. "C6" for all purposes]
.

I

I

.

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_______________

Defendants.

) )

) Complaint Filed: 11/24/2009

On October 13,2011 defendants Red Allnsod, M.D. and South Coast Urogynecology, Inc.

19 moved for summary judgment as to plaintiff's entire Complaint before this Court in Department
20 uC6" of the above-referenced
•• • • _.' ",4 •• _.

court.
•• •

·if -_. ..After' fuii" ~~nsid~iaiion'-(;fihedence; ·thesepaiate-Statemii£ofUti-Ci1sputed -_. -ev'l
23

Material .-

22 Facts submitted, and the authorities cited by all parties, as well as oral argument of the parties, the Court finds that there is no triable issue of material fact as to the claims ofpJaintiffDebra Votta,

24- and that defendants Red Alinsod, M.D. and South Coast Urogynecology, Inc.'s motion for 25 summary judgment is granted in favor of defendants Red Allnsod, M.D. and South Coast

26 Urogynecology, Inc. for the following reasons: 27 Plaintiffs cause of action for medical negligence has no merit because no triable issue

28 exists for any material fact in this case. And, defendants Red Alinscd, M.D. and South Coast
149-0002f.lOI02.dOQ -

I

(PROPOSED

IORDER GRANTING DEFENDANTS RED ALlNSOD, M.D. AND SOUTH COAST
UROGYNECOLOGY'S MOTION FOR SUMMARY JUDGMENT

·'

1 Urogyneco]ogy, Inc, are entitled to judgment as a matter of law because moving defendants have 2 presented evidence that plaintiffs claim was barred by the statute of limitations set forth in 3 California Code of Civil Procedure, §340.5. 4 IT IS THEREFORE ORDERED that defendants Red Alinsod,MD. and South Coast

5 Urogynecology, Inc.ts Motion for Summary Judgment is GRANTED and that the final judgment 6 in this action shall award judgmentin accordance with the matters so adjudicated, 7
It is further ORDERED that the October 14, 2011 Mandatory Settlement Conference and

8 November 4, 2011 Trial datesare vacated.
9

10 DATED:
lJ

Honorable Luis A.·Rodriguez Judge of the Superior Court
I.

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.

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_-

--

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149.0002/JOI02.dtw 2 IPROPOSED) ORDER GRANTING DEFENDANTS RED ALiNSOD, M.D. AND SOUTH UROGVj\{ECOLOGY'S MOTION FOR SUMMARY JUDGMENT
-------------------~-

COAST

•••

-

....

<"-

EXHIBIT 2

.'

1 Yuk K. Law '(SBN: 138928) Jennifer K. Villebro (SBN: 231970) 2 LA W, BRANDMEYER + PACKER, LLP 245 S. Los Robles Avenue, Suite 600 3 Pasadena, CA 91101 626.243.5500 Telephone 4 626.243.4799 Facsimile 5 Attorneys for Defendants RED ALTNSOD, M.D. and SOUTH COAST UROGYNECOLOGY, 6 7 ·8. 9 SUPERIOR COURT OF THE STATE . OF CALIFORNIA . FOR'THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER INC.

10·
11 DEBRA YOTTA, an individual, . 12 13 v. Plaintiff, ) CASE NO. 30-2009-00323060"CU~PL-CJC .) [Assigned to Honorable Luis A. Rodriguez in ) Dept. "C6" for all purposes]

)
) ) ) ) ) ) )

,

. 14 RED ALINSOD, M.D., an individual, SOUTH COAST UROGYNECOLOGY, INC., et al, 15 Defendants. 16 17 18 19 20

NOTICE OF ENTRY OF ORDER G~NTING DEFENDANTS RED ALINSOD, M.D. AND SOUTH COAST UROGYNECOLOGY'S MOTION FOR SUMMARY JUDGMENT Complaint Filed: 11/24/2009 OF,RECORD:

TO ALL PARTIES AND TO THEIR ATTO~EYS

NOTICE IS HEREBY GIVEN that the Order granting Defendants Red Alinsod, M.D. and South Coast Urogynecology, Inc. 's Motion for Summary Judgment has been filed and entered.on

October 24, 2011. A copy of the signed order is attached hereto as Exhibit A. LAW'BRANDM~ACKER' B ." ~ LLP

21 DATED: November 21,2011

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KK. 'AW NNIF R K. YILLEBRO Attorneys for Defendants . lillD ALINSOD, M.D. and SOUTH COAST UROGYNECOLOGY, INC.

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149-0002/3121S.doc . 1 NOTICE OF ENTRY OF ORDER GRANTING RED ALINSOD, M.D. AND SOUTH COAST UROGYNECOLOGY. INC/S MOTION FOR SUMMARY JUDGMENT

I .:

/

EXHIBIT A

'I

Jennifer K. Villebro (SBN: 23] 970) + PAC~'y~ 245 S. Los Robles A venue, Sllite At JUSllCE c:el~~NI,Il 3 Pasadena, CA 91101 OCT 20 2011 626.243.5500 Telephone 4 626.243.4799 Facsimile BY' E. iU1IEB
2 LAWt BRANDMEYER

1 Yuk K. Law (SBN: 138928)

SIJP6~§rOOlmTOFCALIFO~NIA .

FILED

'

UNTYOFORANGE

' ocr 24 2
~,C1erkoJ1tItCOlltt

Cl!fflltALJU811Cf~

5 Attorneys for Defendants RED ALINSOD, M,D. and SOUTH COAST UROOYNECOLOGY, 6 7 8
9 10

INC,

' 9V ~~

, ,

i

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIIE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER

"f

11 DEBRA VOTTA, an individual, 12
13 v.

' Plaintiff.

14 RED ALINSOD, M,D., an individual, SOUTH ) UROGYNECOLOGY'S MOTION FOR COAST UROGYNECOLOGY, INC., a ) SUMMARY JUDGMENT ) .15 California corporation, etal., ,
16

) (PROPOSED I ORDER GRANTING RED ) ALINSOD, M.l). AND SOUTH COAST

)

) CASE NO. 30-2009~00323060-CU-PL-CJC ). [Assigned to Honorable Luis A, Rodriguez in ) Dept. "C6" for all purposes]

_______________

Defendants.

) Complaint Filed: 11/24/2009

) )

11 18 On October 13, 2011 defendants Red Alinsod, M,D. and South Coast Urogynecology, Inc.

19 moved for summary judgment as to plaintiff's entire Complaint before this Court in Department 20 "C6" of the above-referenced

If -.-

_.

..

·"After'flijfconslderatlou·o"rihe
,

..

._

..

_ .... _..

_.

court.

evldence';'ihe Separate-Statemeni-ofUndisputed
,

,.

.

MaieriaT ..

22 Facts submitted, and the authorities cited by aJl parties, as well as oral argument of the parties, the 23 Court finds that there is no triable issue of material fact as to the claims of plaintiff Debra Votta, 24, and that defendants Red Alinsod, M.D, and South Coast Urogynecology, Inc.ts motion for 25 26 27 summary judgment is granted in favor of defendants Red Alinsod, M.D. and South Coast Urogynecology, Inc. for the following reasons:
Plaintiffs cause of action for medical negligence has no merit because no triable issue

28 exists for any material fact in this case, And, defendants Red Alinsod, M.D. and South Coast
I49·000213 OI02.doo

I (PROPOSED I ORDER GRANTING DEFENDANTS RED ALiNSOD, M.D, AND SOUTH COAST UROGYNECOLOGY'S MOTION FOR SUMMARY JUDGMENT
'

.'
,

·e
1 Urogyneco!ogy, Inc. are entitled to judgment as a matter oflaw because moving defendants have 2 presented evidence that plaintiffs claim was barred by the statute oflimitatlons set forth in 3 California Code ofCiviJ Procedure, §340,5. 4
IT IS THEREFORE ORDERED that defendants Red Allnsod, M,D. and South Coast
.

5 Urogynecology, Inc. '8 Motion for Summary Judgment is GRANTED and that the finaljudgment 6 in this action shall awardjudgment 7 in accordance with the matters so adjudicated;

It is further ORDERED that the October 14,2011 Mandatory Settlement Conference and

8 November 4,2011 Trial dates are vacated.
9 10 DATED:

tJ 12 13
14

Honorable Luis A. Rodriguez Judge of the Superior Court

!. I

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149.0002130102.d~ 2

IPROPOSED] ORDER GRANTING DEFENDANTS RED ALiNSOD, M.D. AND SOUTH COAST
UROGVI\'ECOLOGY'S MOTION FOR SUMMARY JUDGMENT

,--------------------_

... _

.. -- .. -

,

.
1 PROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a patty to the within action; my business address is 245 S. Los Robles Ave., Suite 600, 4 Pasadena, CA 91101. 3

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On October

f.,1to 11, I served the foregoing

document described as:

on interested parties in this action by placing a true and correct copy thereof enclosed in a sealed 8 envelope addressed as follows:
9

7

(PROPOSED) ORDER GRANTING RED ALINSOD, M.D. AND SOUTH COAST UROGYNECOLOGV'S MOTION FOR SUMMARY JUDGMENT

SEE ATTACHED MAILING LIST

to {X] (BY MAIL) . . [ J I deposited such envelope in the mail at Pasadena, California. The envelope was mailed with postage thereon fully prepaid. II

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[X] As follows: 1 am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Pasadena, California in the ordinary course of business. 1am aware that on motion of the party served. service is .presumed Invalid if postal cancellation date or postage meter date is more than one day after date of deposit for ma!l}ug in affidavit. Executed on October 7::201 r, at Pasadena, California.

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(J

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...._.:--.[..]..(B'yJ~ERSON_AL:S_B&Yl~J;).t ~~li~~~~<1 : ..~.u.9.b.:~ny.c;hm~ .h.~!ID419·~h~.gffi~~§:QO!W 21 addressee. Executed on 77, at Pasadena, California.

20

(BY FACSIMILE) Ifb . . [] I served by facsimile a true copy of the above-described document. I am "readily familiar" with this finn's practice of processing correspondence by fax. Under that practice documents are placed in our fax machine and are processed and received simultaneously at their destination. The above-referenced dooument(s) was placed in the fax machine with all costs of faxing prepaid, directed to each party (using their fax number), listed on the attached Service List. Once the document has been transmitted, the fax machine provides a report indicating time of completion. Executed on ??, at Pasadena, California.

2~

23
24

[X] (STATE) I declare under penalty of perjury under the laws of the State of Cali forni a that the above is true and correct.
[]

2S 26 27

28
149-0002f,JOI02.doc

...

1

·e
SERVICE LIST 2 Re:
3

Debra Votta v. Red AUn30d. M.D.. et at OCSCCase No.: 30.2009-00323060-CU-PL-CJC Anthony E. Sennett, Esq. . Jocelyn A. Julian. Esq. Lewis Brisbois Bisgaard & Smith LLP 333 S. Grand Avenue Suite 3550 Los Angeles, CA 90071 213 .2~O,1800 Telephone 213.628.222 t Facsimile Attorneys for Defendant

Law Offices of Ramin R. Younessi 5 343S Wilshire Boulevard Suite 2200 ·6 .. Los Angeles, CA 900] 0 213.480.6200 Telephone 7 213.480.6201 Facsimile AttorneyJot Pla~ntif/
8 9

4.

Remin Younessi, Esq.

Mpathy Medical Devices, Inc; . (sued herein as (~MpathyMedical'?

10
U

12
13 14
IS

Complainant . . Herniamesh S.r.l.

Jeffrey A. Rosenfeld, Esq. Matthew D. Caplan, Esq. Monica N. Dournaee, Esq. DLA Piper LLP 1999 A venue of the Stars Suite 400 Los Angeles, CA 90067-6023 31 0.595.3000 TeJe~hone 310.595.3300 Facsimile Attorneys for Defendant and Cross-

16
17

18 19 ]'0

21 22 23 24 25
26 '27
28
149.0002130102.d~ 4 IPROPOSEDI ORDER GRANTING DEFENDANTS RED ALINSOD, M.D. AND SOUTH COAST UROGYNHCOWGytS MOTION FOR SUMMARY JUDGMENT

1 2 STATE OF CALIFORNIA, 3

PROOF OF SERVICE COUNTY OF LOS ANGELES

. I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not Ii party to the within action; my business address is 245 S. Los Robles Ave .• Suite 600, 4 Pasadena, CA 91101. 5 6 7 On November 22, 2011, I served the foregoing document described as: NOTICE OF ENTRY OF ORDER GRANTING DEFENDANTS RED ALINSOD, M.D, AND SOUTH COAST UROGYNECOLOGY'S MOTION FOR SUMMARY JUDGMENT envelope addressed as follows:

8 on interested parties in this action by placing
9 10
11

a true and

correct copy thereof enclosed in a sealed

SEE ATTACHED MAILING LIST [X] (BY-MAIL)

12

13
14

15
16 []

I]I deposited such envelope in the mail at Pasadena, California. The envelope was mailed with postage thereon fully prepaid. . [X] As follows: I am "readily familiar" with the finn's practice of collection and processing correspondence for mailing, Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Pasadena, California in the. ordinary course of business. 1 am aware that on motion of the party served, service is presumed invalid if postal cancellation date·or postage meter date is more than one day after date of deposit for mailing in affidavit. . . Executed on November 22, 2011, at Pasadena, California. .

17
18

19
20
21 22 23 24 25 []

(BY FACSIMILE) [J I served by facsimile a true copy of the above-described document. .I am "readily familiar" with this finn's practice of processing correspondence by fax. Under that practice documents are placed.in our fax machine and are processed and received simultaneously at their destination. The above-referenced document(s) was placed in the fax. machine with all costs of faxing prepaid, directed to each party (using their fax number), listed on the. attached Service List. Once the document has been transmitted, the fax machine provides a report indicating time of completion. . . Executed on ?? at Pasadena, California. (BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee. Executed on ??, at Pasadena, California. above is true and correct.

[X] (STATE) I declare under penalty of perjury under the Jaws of the State of California that the
[] (FEDERAL) I declare that I am employed in t ~ offio whose direction the service was made.

26
27

28
149-000U31215.doc

NOTICE OF ENTRY OF ORDER GRAN RED ALINSOD, M.D. AND SOUTH COAST UROGYNECOLOGY. INC,'S MOTION FOR SUMMARY JUDGMENT

,.

1
2 Re: 3 4 Ramin Younessi, Esq. Law Offices of Ramin R. Younessi 5 3435 Wilshire Boulevard Suite 2200 6 Los Angeles, CA 90010 213.480.6200 Telephone 7 213.480.6201 Facsimile Attorney for. Plaintiff

SERVICE LIST
Debra Votta v. Red Alinsod. M.D" et al. ocsc Case No.: 30-2009-00323060-CU-PL-CJC

8

Matthew D. Caplan, Esq. 10 Monica N. Doumaee, Esq. DLA Piper LLP 11 1999 Avenue of the Stars Suite 400 12 Los Angeles, CA 90067-6023 310.595.3000 Telephone 13 310.595.3300 Facsimile Attomeys for Defendant and Cros$-Complainant

9 Jeffrey A. Rosenfeld, Esq.

14 Hemiamesh S.r.I.
15

.

Diana Kotler, Esq. 16 Morris Polich & Purdy 1055 West Seventh Street 17 Suite 2400 Los Angeles, CA 900 17 18 213.891.9100Telephone 213.488.1178 Facsimile 19 Attorneys/or Defendant and Cross-Defendant Caldera Medical, Inc.

20
Jocelyn A. Julian, Esq. Lewis Brisbois Bisgaard & Smith LLP 333 S. Grand Avenue Z3 Suite 3550 Los Angeles, CA 90071 24 213.250.1800 Telephone 213.628.2221 Facsimile 2S Attorneys for Defendant Mpathy Medical Devices, Inc. 26 (sued herein as ~~MpathyMedical") 22

21 Anthony E. Sonnett, Esq.

27
28
149-0002/3121S.doc NOTICE . 3 OF ENTRY OF ORDER GRANTING RED ALINSOD, M:D. AND SOUTH UROGYNECOLOGY.INC.'S MOTION FOR SUMMARY JUDGMENT COAST

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EXHIBIT3

AlTORNEY

4..Aw, BRANDMEYER

Law, Esq. (SBN 138928) + PACKER, LLP 245 S. Los Robles Avenue Suite 600 Pasadena California 91101
Yuk K.
TELEPHONE NO.:

OR PARTY WITHOUT AlTORNEV (Illsms, slsle bsr number, and address):

MC 010
FOR COURT USE ONL Y

.

AlTORNEY

FOR (1119mB):

Defendants .RED ALINSOD

626.243.5500

fAX NO.:

M.D. & SOUTH

626.243.4799

INSERT NAME OF COURT, JUOICIAl DISTRICT, AND BRANCH COURT •.IF ANY:

SUPERIOR COURT OF THE STATE OF CALIFORNIA Central Justice Center PLAINTIFF: DEBRA VOTTA,
DEFENDANT;

RED ALINSOD, M.D. , et al.
MEMORANDUM OF COSTS (SUMMARY)
CASE NUMBER:

30-2009-00323060-CU-PL
TOTALS

The following costs are requested: 1. Filing and motion fees 2. Jury fees 3. Jury food and lodging 4. Deposition costs 5. Service of process .. , 6. Attachment expenses
7. Surety bond premiums

. ,., , .. " .. ".,.,.,"', ,., .•.... , ,',., ,, , , ; , .. : .. , .• , ,., , ,'. , . , '." '.' ,. ~ ". . . .. ,., ,., . . .

1.

$1

2, $ L-1_~1::.:;5~O~.~O~·0-.J

3. $ "_[ 4. $

5: $ .._[
6. $1

r-

--I

5 • 92 S . 07
---1

7.

$1

2« 772.00

'1

8. Witness fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . ... . . . .
9. Court-ordered transcripts

" .. ,

.

9.$L
1

8.$1

7,175.00

I· I I

1 O. Attorney fees (enter here If contractua' or statutory fees are fixed without necessity of a court detert7Jination;otherwise a noticed motion is required) . , . . . . . . . . . . 11. Models, blowups, and photocopies of exhibits .......• 12. Court reporter fees as established by statute 13. Other , ,

. . . .

$I;=::====~I 11. $ ;:::1 ======~I
o.
12. $ 13.$·,--1 __ $

:=[======~I

I

~I

TOTAL COSTS

"

: ......•......•.•............

~

'.'

.

17[392.07/

and these costs were necessarily incurred in this case.

I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct .

Da~: March 7, 201~

~~nIfi;E~r

. K., .vtl~~bJ;'o.,

(TYPS OR PRINT NAME]

.E~q ..
MEMORANDUM OF COSTS (SUMMARY)
Coda 01 Civil ProC<!dure, §§ 1032, 1033.5

Form NJproved ror Opllonal Use
Ju~i~!~! c,:ouncll or G~l(fomlll MC.ol0 (Rev. July 1. 1999]

.).

·'
1 PROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 245 S. Los Robles Ave., Suite 600, 4 'Pasadena, CA 91101. 5·
6

3

On March 7, 2012, I served the foregoing document described as:
MEMORANDUM OF COSTS (SUMMARY)

-·8

7 on interested parties in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as follows: . . SEE AIT ACHED MAILING LIST
-pQ-(BY-MP1tt) --.-----.. ---.; '._--- -- ---... .

9.

10

11 12 13 14
15 []

[] I deposited such envelope in the mail at Pasadena, California. The envelope was mailed with postage thereon fully prepaid. [X]. As follows: I am "readily familiar" with the firm's practice of collection and .processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on March 7,2012, at Pasadena, California.

16 17
18 19

(BY FACSIMILE) [] I served by facsimile a true copy of the above-described document. I am "readily familiar" with this firm's practice of processing correspondence by fax. Under that practice documents are placed in our fax machine and are processed and received simultaneously at their destination. The above-referenced document(s) was placed in the fax machine with all costs of faxing prepaid, directed to each party (using their fax number), listed on the attached Service List. Once the document has beentransmitted, the fax machine provides a report indicating time of completion. . Executed on ??, at Pasadena, California. (BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee. Executed on ??, at Pasadena, California.

20 [] 21

23
'24

22 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. [] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was mad,,;:.----

25
26

:if
28
MEMORANDUM OF COSTS (SUMMARY)

1
2 Re:

SERVICE LIST
Debra Votta v. Red Alinsod, M.D .. et a1. OCSC Case No.: 30-2009-00323060-CU-PL-CJC Anthony E. Sonnett, Esq. Jocelyn A. Julian, Esq. Lewis Brisbois Bisgaard & Smith LLP 333 S. Grand Avenue Suite 3550 Los Angeles, CA 90071 213.250.1800 Telephone 213.628.2221 Facsimile

3
4 . Ramin Younessi, Esq. 5

6

7
8

Attorney for Plaintiff

Law Offices of Ramin R. Y ounessi 3435 Wilshire Boulevard Suite 2200 Los Angeles, CA 90010 213.480.6200 Telephone 213.480.6201 Facsimile

___

9--10 11 12 13 14 15 16 17 18 19 Jeffrey A: Rosenfeld, Esq. Matthew D. Caplan, Esq. Monica N. Dournaee, Esq. DLA Piper LLP 1999 Avenue of the Stars Suite 400 Los Angeles, CA 90067-6023 310.5953000 Telephone 310.595.3300 Facsimile

Attorneys for Defendant Mpathy Medical Devices, Inc. (sued herein as '~MpathyMedical") Diana Kotler, Esq.
Morris Polich & Purdy 1055 West Seventh Street Suite 2400 Los Angeles, CA 90017 213.891.9100 Telephone 213.488.1178 Facsimile

Attorneys for Defendant and Cross-Defendant Caldera Medical, [nco

Attorneys for Defendant and CrossComplainant
Herniamesh S.r.!

20
21
22

23
24

25 26
27 28
MEMORANDUM OF COSTS (SUMMARY)

SHORT TITLE: I-

VOTTA v. ALINSOD,

M.D.,

et al.

MC~ 011
CASE NUMBER:

30 - 2 009 - 0032 3 060 - Cu - p

MEMORANDUM OF COSTS (WORKSfiEET)
1. Filing and motion fees

Paper flied

Eiling $ $ $ $ $

me

a.
b.

First Appearance fee for Dr. Alinsod Demurrer to Complaint Motion to Strike Complaint

355,QO

40.00 40 00 40.00 40.00

c.
d.

Demurrer to First Amended. Complaint e. Motion to Strike First Amended Complaint =====i.· '""Frr~=-::-ra~n-·~---:Fe;:;-:-·§--t-~o-r-So----'''-:-t1''''':t'''fi-·_.-. Coast
g.

Urogynecology,

Inc.

[i] Information aboul addlllonal filing and mollon fees is contained in Attachment 1g.
TOTAL 1.

2. Juryfees

I$

"_'_--..!~';"';;''';''';;'''':'''''...J

1, 370 . 00

Q.ruft

Fee & mileage $
--'1=-=5'-"O'-'.~0'_"0'__

a. October
b.

7,

2011

$_--------$-'----------$_---------0
Information about additional jury fees is contained in Attachment 2e.
TOTAL 2.

c.
d. e.

;==:::=::::::::::::~
-1

1$

150.00

3. Juror food: $
4.' D.eposltlon costs

and lodging:

$

TOTAL

3.....$'-1

Name of
deponent
"
.'

Transcribing

Subtotals $ $ 117.00
152.02

b. Debra Votta
c. H.R,
d. Red

a. Eil iot Lander, M.D.
};.//
I~'.' \ ...

-s
$

1,000'.00

$

413.90

$

_

$1.530.99 .$1.540.87

$ 1, 388.85

$_._---

i; ',:':;: $ =1...... , .:...00::....;0"" 872.60 •.....,0""'0'-$ .

lqJill~~.~ r-

$ _ ......... 7wO{_ $_--621OU..... $ _--,5",-,....,0"",0,--$ 175.00

$ 1. 935.30 $
650.35
.i

Alinsed,"
.

M.D ,

$

_

$

470 . 35

e.

Information' ~:M).It additional deposition costs is contained In Attachment 4e.

~'.c:
:to,.;. •

.U/·>
Form Appro~ed for"OplionBI Use .Judicial Council of Califomla . MC-Ol1 (Rev. July 1t.,~9991 , Opllonal Fornf .

.l~·:;;:~;~
(Continued -on'

~:/.:·s . . . .~.

:'I.~~:.··

.

~'"

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I

..

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.

.

~

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1

... J ~ • •

".

••

II.

reversef .

__ -Page .l_::.:.:~:'of _3__ .
COdaof Civil Procedure. §§ fQ~2.1oa3,~

M.El\llqRA~D~M. OF COSTS (WORKSI'lE_ET)

L

I

SHORT TITLE:

VOTTA

v.

ALINSOD

t

M, D,

t

et

al.

CASE NUMBER:

-

30-2009-003~3Q60-CU-p

5. Service of process

Name of person
S~Dalg

Public officer $ $ $ $

Registered· groces§ $

Publication $ $

Other (sQg.ciM_

a. ·b. c. d.

's
$

$
$

$

D

Information about additional costs for service of process is contained In Atlachment 5d. TOTAL
expenses (specify):
~ ,'.

5.

1;:::$

6. Attachment

.

.

,'.

I

,

,

~

6.1 $

=====::===:
2 ? 72 .00 ·1
I

Please see atta~hed~i~

7. Surety bond premiums

(itemize bonds and amounts):

'

'

.

7.1$ ~-----_,

8. a. Ordinary witness fees Name ofwitnass
(1) (2) (3) (4) (5) (6) _

Dally fee __ _ __ __ __ days at __ days at __ days at __ daysat __ daysat __ . $/dlil!Y $/day $/day $/day
$fday

Mileage miles at miles at miles at miles at miles at ¢{mile .... ¢(mlle .... ¢/mlle .... ¢/mile .... ¢/mlle .... $ $ $
$

Total

$

0

Information about additional ordinary witness fees is contained in Attachment 8a(6). SUBTOTAL
(Continued on next page)

8a.Ir-$-------.
Page L_ of _3 __ '

.

..

MC·Ol1 [Rev. July 1. 19991

MEMORANDUM OF COSTS (WORKSHEET)

SHORT TITLE: t-

VOTTA v. ALINSOD, M.D.,

et·al.

CASE NUMBER;

30-2009-00323060-CU-p

MEMORANDUM OF COSTS (WORKSHEET)·(Contfnued)
8, b, Expert feee (per Code of ClvJlProcedure secton 998)

Name.of witness (1)Matthew Clark,. M, D. (2)Donald F, Nottmilrl., M.D. (3)Karen Noblett M.D.
I

hours at $ 500 .0 0 tt«, , ,., , $ 6 75 .

3,375.00 1,800,00

~.OO hours at $ 450 .0 0 Ihr., . , .. $
4.00 . hours at $ 5 00 . 0 0 . Ihr .....
hours at $ Ihr ..... $ $
8b(5).

2,000.00

(4)
(5)

[RJ Information about additional expert witness fees Is contained In Attachment
expert fees

========================-===::.:.:==-.:.._.....::._.c. Court-ordered

.:s-8B:rG:r-At;:8e.sl:$~=7~;X:!-?!:.1~~_::!-O~:09===:::::==.:==:::....:...::___:
hours at $ hours at $

Name of witness
(1) _

____ _ ____

Ihr " ... Ihr .....

$

_

(2)

$

_

(3)D Information about additional court-ordered expert witness fees is contained in Attachment 8c{3), SUBTOTAL 8C'1-,1 $ TOTAL (8a, 8b, & 8c) 9.
10.

-'1
8.1$
9.

7,175.00

I
....;._j.1

Court-ordered

transcripts

(specify):

'

'
COUlt

.

._1$

Attorney fees (enter here if contractusl or statutory fees are fixed wIthout necessity of a

determination; otherwise a noticed motion is required):

,,

: . . . . . . . . . . . . . . ..

10". $

I

..__-------'
-1

11.
12.

Models, blowups, and photocopies

of exhibits (specify):

,

'. . . . . . . . . . . ..

11

1 $-

Court reporter fees (as established by statute)

a. (Name of reporter):
b. (Name of reporter):

Fees: $ Fees: $ TOTAL 12.

c.

D

Information about additional court reporter fees is contained in Attachment 12c.

~I$

·_..·I

13.

D

Other (specify);

,

'

'

.

'13·1$

[ TOTAL COSTS
~~ • .• ~. . • . I ••

.

$

17,392.07

I .I..

(Additional
MC-Oll (Rev. Julyl.1999)

Information may be supplied on ..thereverse)_

Page ..L_,_ of _3 __

MEMORANDUM OF COSTS (WORKSHEET)

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"I 2 STATE OF CALIFORNIA, 3

PROOF OF SERVICE COUNTY OF LOS ANGELES

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 245 S. Los Robles Ave., Suite 600, 4 Pasadena, CA 91101. . On March 7, 2012,- I served the foregoing document described as: MEMORANDUM OF COSTS (WORKSHEET)

5 6

7 on interested parties in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as follows: 8 . SEE ATfACHED MAILING LIST 9-: [Xl (BY MAIL) . --~ ..«._ _.- .
.u __

10
11

12
13

14
15 []

[ ] I deposited such envelope in the mail at Pasadena, California. The envelope was mailed with postage thereon fully prepaid. . [Xl As follows: I am "readily familiar" with the firm's practice of collection and . . processing correspondence for mailing. Under that practice it would be deposited with U.S . . postal service on that same day with postage thereon fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. . Executed on March 7, 2012. at Pasadena, California.
(BY FACSIMILE) . .[ ] I served by facsimile a true copy of the above-described document. I am "readily familiar" with this firm's practice of processing correspondence by fax. Under that practice documents are placed in our fax machine and are processed and received simultaneously at their destination. The above-referenced document(s) was placed in the fax machine with all costs of faxing prepaid, directed to each party (using their fax number), listed on the attached Service List. Once the document has been transmitted, the fax machine provides a report indicating time of completion. . Executed on ??, at Pasadena, California.

16 17 18

is
20 21 22 []

(BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee. Executed on Tl, at Pasadena, California.

23
24

[X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. [] (FEDERAL) I declare that I am employed iii the office of a member of the bar of this court at whose direction the service was rna ~

25 26
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1
2 Re:

SERVICE LIST
Debra Votta v. Red Alinsod, M.D .. et al. OCSC Case No.: 30-2009,,00323060-CU-PL-CjC Anthony-B. Sennett, Esq. Jocelyn A. Julian; Esq. Lewis Brisbois Bisgaard & SmithLLP 333 S. Grand Avenue Suite 3550· Los Angeles, CA 90071 213.250.1800 Telephone 213.628.2221 Facsimile Attorneys for Defendant Mpathy Medical Devices, Inc. Diana Kotler, Esq. Morris Polich & Purdy 1055 West Seventh Street Suite 2400 Los Angeles; CA 90017 213.891.9100 Telephone 213.488.1178 Facsimile Attorneys for Defendant and Cross-Defendant Caldera Medical~Inc.

3
4 5 6 7 8 Ramin Younessi, Esq .' Law Offices of Ramin R. Y ounessi 3435 Wilshire Boulevard Suite 2200 Los Angeles, CA 90010 213.480.6200 Telephone 213.480.6201 Facsimile Attorney for Plaintiff

-.-~-~9- .1=_===============-=-~(S~U~ed~h.e~r~ei~n~a~S="~Mi~'P~a~th~y~M~e~· d~ic~a~I'~'=::::::.::====:::1
10 11 12 13 14 15 16 17 18 Jeffrey A. Rosenfeld, Esq. Matthew D. Caplan, Esq. Monica N. Dournaee, Esq. DLA Piper LLP 1999 Avenue of the Stars Suite 400 Los Angeles, CA 90067~6ci23 310.595.3000 Telephone 310.595.3300 Facsimile Attorneys for Defendant and CrossComplainant Hemtamesh S.r.l.

19 20
21

22 23 24 25 26 27
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EXHIBIT 4

j
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANG E CENTRAL JUSTICE CENTER,

FILED

2 3 4 5 6
7

Ramin R. Younessi, Esq. (SBN 175020) Gabriel J. Pimentel, Esq. (SBN 265328) LAW OFFICES OF RAMIN R. YOUNESSI A PROFESSIONAL LAW CORPORATION 3435 Wilshire Boulevard Suite 2200 Los Angeles, California 900 10 Telephone: (213) 480·6200 Facsimile: (213) 480-6201 Attorneys for Plaintiff DEBRA VOTTA

ecres 2011
AJ...AN CARLSON,
ey'
CIeri( of the COUll

M PORliR

,DEPUTY

8 9 10 11 12 13

SUPERIOR COURT OF THE STATE

OF CALIFORNIA

FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER

DEBRA VOTTA, an individual,
Plaintiff, vs.

14
15 16 17 18 19 20

21
22 23 24

RED ALiNSOD, M.D., an individual, SOUTH) PLAINT~FF DEBRA VOTTA'S NOTICE COAST MEDICAL CENTER, a California ) JURY FEE DEPOSIT corporation, SOUTH COAST ) UROGYNECOLOGY, INC., a California ) corporation, HERNIAMESH, an unknown ) business entity, COLOPLAST CORP" a ) Delaware corporation, CALDERA ) MEDICAL, INC" a 'California corporation, ) MENTOR CORPORATION, a Minnesota ) corporation, ETHICON, INC. d/b/a ) GYNECARE WORLDWIDE, an unknown ) business entity, ETHICON ENDO ) SURGERY, INC., an Ohio corporation, )

) Case No.: 30-2009~00323060-CU-PL-CJC ) ) [Assigned for all purposes to Honorable Luis ) Rodriguez in Dept, C06] )

OF

BOSTON SCIENTIFIC CORPORATION, a )
Delaware corporation, SMlTH & NEPHEW, ) INC., a Delaware corporation, C.R. BARD, ) INC., a New Jersey corporation, and DOES I ) through 20, inclusive, )
)

25
26 27 28

Defendants.

)

---------------------------)

PLAINTIFF DEBRA VOTTA'S NOTICE
.j ,

or JURY

FEE DEPOSIT

.)

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

2
3 4 5
6

Pursuant to CIY. Paoc. CODE § 631, Plaintiff Debra Votta hereby posts jury fees in the amount $150.

0

LAW OFFICES OF RAMIN R. YOUNESSI A PROFESSIONAL LA W CORPORATION

7 8 9 ]0 11 12 13 14 15 Dated: October 3, 2011
8y: __

Ramin R. Younessi, Esq. Gabriel J. Pimentel, Esq.
Attorneys for Plaintiff

16
17 18
19.

20

21

22
23 24 25

26
27

28
PLAINT1PP DEBRA VOTTA'S NOTICE OF JURY FEE DEPOSIT -2-

f

,

PROOF OF SERVICE
Stale of'Caltfornia

I am employed in the county of

Los Angeles

, state of California;

I am over the age of 18 years and not a party to the within action; my business address is: 3435 Wilshire Blvd. Ste 2200, Los Angeles, CA 90010

I am readily familiar with the firm's business practice of processing correspondence for mailing. In the ordinary course of business, the correspondence would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at my business address above. Iam aWare that on motion of the party served, service is presumed Invalid if postal cancellation date or postage meter date is more than on day after the date of deposit for mailing as listed On 10/03/2011 I served the foregoing documents described as: Plaintiff Debra Votta's Notice of Jury Fee Deposit

on the interested parties in this action, by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid, in the United States Mail at my address stated above, addressed as follows;

Jennifer Villebro, Esq. LAW,BRANDMEYER + PACKER LLP 245 S. Los Robles Ave., Suite 600 Pasadena, CA 91101

Executed on:

] 0/03/20] 1

at Los Angeles Sana Z. Zaidi Law Offices of Ram in Younessi

, California.

EXHIBIT 5

SUPERIOR

COURT

OF THE STATE

OF CALIFORNIA

FOR THE COUNTY

OF ORANGE

DEBRA VOTTA, individual,

an

). )
)

Plaintiffs, vs. RED ALINSOD, M.D., an individual, SOUTH COAST MEDICAL CENTER, a California corporation, SOUTH COAST UROGYNECOLOGY, INC., a California corporation, HERNIAMESH, an unknown business entity, COLOPLAST CORP, a Delaware corporation, CALDERA MEDICAL, INC., A California corporation,) - CONDENSED CAPTION -

)
)

) NO.
)

30-2009-00323060-CU-PL

) ) ) ) ) ) ) ) }

)

) )

DEPOSITION RANCHO

OF ELLIOT MIRAGE, JULY

LANDER, CALIFORNIA 8, 2010

M.D.

TUESDAY,

WALL

STREET BY:

REPORTING,

INC.

REPORTED YOLANDA CSR NO. JOB NO.

GUINTO-GONZALES 12785 5757

WALL

STREET REPORTING, (888)971-DEPO

INC.

Page 2 1
2 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE

4
5

.DEBRA VOTTA, an individual, Plaintiffs,

6

vs.
7

NO. 30-2009-00323060-CU-PL

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

RED ALINSOD, M.D., an individual, SOUTH COAST MEDICAL CENTER, a California corporation, SOUTH COAST UROGYNECOLOGY, INC., a California corporation, HERNIAMESH, an unknown business entity, COLOPLAST CORP, a Delaware corporation, CALDERA MEDICAL, INC., a California corporation,) ------------------------- CONDENSED CAPTION -------------------------

Deposition of Elliot Lander, M.D., taken on behalf of the Defendants, at 72780 Country Club Drive, Suite 301, Rancho Mirage, California, beginning at 10:40 a.m. and ending at 12:20 p.m., on Tuesday, July 6, 2010, before Yolanda Guinto-Gonzales, Reporter No. 12785. Certified Shorthand

WALL

STREET
(888)

REPORTING, 971-DEPO

INC.

Page 3 1 2 3 4 5
6

APPEARANCES: For the Defendant Red Alinsod, M.D.: LAW & BRANDMEYER & PACKER, LLP BY: JENNIFER VILLEBRO Attorney at Law 245 South Los Robles Avenue, Suite 600 Pasadena, California 91101 (626) 243-5500 For the Defendant Caldera Medical, Inc.: MORRIS, POLICH & PURDY BY: MARILYN JAGER Attorney at Law 1055 West 7th Street, 24th Floor Los Angeles, California 90017 (213) 891-9100

7
8

9 10 11 12 13 14 15 16 17
18

19 20 21 22 23 24 25
-000-

WALL

STREET REPORTING, (888)971-DEPO

INC.

Page 4
1 2

INDEX WITNESS Elliot Lander, BY: BY: M.D. Ms. Villebro Ms. Jager E X H I BIT S PAGE Notice of Deposition (5 Pages) Notice of Deposition Vitae
(4 6 5,

PAGE 60 50

3
4 5 6 7

DEFENDANTS'
8 1 9

10
11

2

Pages)

6 8

3
4

12 13 14 15 16
6

Curriculum (2 Pages)

of Dr. Lander

Dr. Lander's Office Records Pertaining to Ms. Votta's (46 Pages) Preop History and Physical Dated May 25, 2008 (2 Pages) Operative Report from Eisenhower Medical Center, Dictated May 26th, 2008 (2 Pages) Surgical Postoperative Note from Eisenhower Medical Group (1 Page) Physician's Progress Notes Eisenhower Medical Center, May 26, 2008 (1 Page) from dated

12 25

5

17 18
7

29

19 20
8

37

21 22
9

42

23 24 25 10

Discharge Summary Report from Eisenhower Medical Center, dated May 26th, 200S (1 Page) Article on Trocar Injury (2 Pages) Rate of

45

WALL

STREET REPORTING, (888)971-DEPO

INC.

Page 5
1 2 3

PALM SPRINGS,

CALIFORNIA;

TUESDAY,

JUNE 6, 2010

10:40 P.M.

- 12:20 P.M.

4
5 6
7

ELLIOT having been first

LANDER,

M.D., an oath, was examined

administered

and testified

as follows:

8 9
10 11 12

EXAMINATION BY MS. VILLEBRO: Q. Good morning, could you please state and

spell your name for the record. A.
Q.

Elliot

Lander,

E-l-l-i-o-t, Dr. Lander.

L-a-n-d-e-r. My name is representing that was bought County. here to you.

13
14

Good morning, Villebro,

Jennifer

and I am an attorney litigation in Orange

15
16

Dr. Red Alinsod by a woman named

in a civil

Debra Votta

17
18

And it's my understanding pursuant to a subpoena

that we're issued

that my office as well?

19
20 21 22

Is that your understanding
A. Q.

Yes. Have Yes. And have you previously served as an expert you ever been deposed before?

A.
Q.

23
24

witness?
A.

25

Yes.

WALL

STREET REPORTING, (888)971-DEPO

INC.

Page 6 1 2
3 Q.

Do you feel comfortable proceeding without

the admonitions this morning?
A.
Q.

Yes. Do you have record of ever treating a

4 5 6

patient named Debra Votta? A.
Q.

Yes. And have you been contacted by anyone on

7
8

behalf of Debra Votta, representing her as an attorney?
A. Q.

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

No. What I'm going to go ahead and do first of

all before I get into the questioning is I'm going to attach the deposition subpoena as Exhibit 1, indicating the original date and time of your deposition. (Defendants' Exhibit 1 was marked for identification by the court reporter and is attached hereto.) MS. VILLEBRO: I'm also going to attach as

Exhibit 2, the Notice of Continuance that was served to all parties, that indicates the deposition was scheduled to start this morning July 6th, 2010, here at your offices. (Defendants' Exhibit 2 was marked for identification by the court reporter

WALL

STREET REPORTING, (888)971-DEPO

INC.

EXHIBIT 6

SUPERIOR

COURT

OF THE STATE

OF CALIFORNIA JUSTICE CENTER

FOR THE COUNTY

OF ORANGE

- CENTRAL

DEBRA VOTTA,

an individual, Plaintiff,

vs. RED ALINSOD, M.D., an individual, SOUTH COAST MEDICAL CENTER, a California corporation, SOUTH COAST) UROGYNECOLOGY, INC., a California ) corporation, HERNIAMESH, an unknown) business entity, COLOPLAST CORP., a) Delaware corporation, CALDERA ) MEDICAL, INC., a California ) corporation, MENTOR CORPORATION, ) a Minnesota corporation, ETHICON, ) INC. d/b/a GYNECARE WORLDWIDE, an ) unknown business entity, ETHICON ) ENDOSURGERY, INC., an Ohio ) corporation, BOSTON SCIENTIFIC ) CORPORATION, a Delaware ) corporation, SMITH & NEPHEW, INC., ) a Delaware corporation, C.R. BARD, ) INC., a New Jersey corporation, and) DOES 1 through 20, inclusive, )
)

No. 30-2009-00323060-CUPL-CJC

Defendants.

)

~----~-------------------------)
DEPOSITION OF H. ROGER HADLEY, M.D.

Lorna Linda, Tuesday,

California 5, 2011

January

REPORTED

BY:

SHELLEY

L. REGA

CSR NO. 12329 JOB NO. 7586

WALL STREET REPORTING, (888)971-DEPO

INC.

Page 1 SOPERIOR COORT OF THE STATE OF CALIFORNIA - CENTRAL JOSTICE CENTER

2
3 4

FOR THE COUNTY

OF ORANGE

DEBRA VOTTA,

an individual, Plaintiff,

5
6 vs. RED ALINSOD, et al.,

No. M.D., an individual,

30-2009-00323060-CU~ PL-CJC

7
8

Defendants.

9
10 11 12 13 DEPOSITION taken 11175 of H. ROGER HADLEY, M.D., at Lorna Linda,

on behalf Campus

of the Defendants, Suite A-1116, at 12:21

14
15 16 17 18 19 20 21 22 23 24 25

Street, commencing

California, Tuesday, Shelley Shorthand

P.M. on

January L. Rega,

5, 2011, before CSR No. 12329, a Certified of

Reporter State

ln and for the County of California.

Los Angeles,

WALL STREET REPORTING, INC. (888) 971-DEPO

Page 3 1
2

APPEARANCES:

3
4 5 6

FOR THE PLAINTIFF: YOUNESSI LAW BY: GABRIEL J. PIMENTEL - AND RAMIN R. YOUNESSI Attorneys at Law 3435 Wilshire Boulevard, Suite 2200 Los Angeles, California 90010 (323) 777-7777

7
8 9

10 11 12 13 14 15 16

FOR THE DEFENDANT RED ALINSOD, M.D. AND SOUTH COAST UROGYNECOLOGY, INC.: LAW OFFICES OF LAW, BRANDMEYER + PACKER, L.L.P. BY: JENNIFER K. VILLEBRO Attorney at Law 245 South Los Robles Avenue, Suite 600 Pasadena, California 91101 (626) 243-5500

FOR THE DEFENDANT COLOPLAST CORP.: LEWIS, BRISBOIS, BISGAARD & SMITH, L.L.P. BY: ANTHONY E. SONNETT Attorney at Law 221 North Figueroa Street, Suite 1200 Los Angeles, California 90012 (213) 250-1800

17
18 19 20 21 22 23 24 25

WALL STREET REPORTING, INC. (888) 971-DEPO

Page

4

1

FOR THE

DEFENDANT

CALDERA

MEDICAL,

INC.:

2
3 4 5
6

LAW OFFICES OF MORRIS, POLICH & PURDY BY: MARILYN M. JAGER Attorney at Law 1055 West 7th Street, 24th Floor Los Angeles, California 90017 (213) 417-5112

7 8
9

FOR THE S. r.l.:

DEFENDANT

AND

CROSS-COMPLAINANT

HERNIAMESH

10

DLA PIPER, L.L.P. BY: NICOLE KING Attorney at Law 1999 Avenue of the Stars, Suite 400 Los Angeles, California 90067-6023 (310) 595-3182

11
12 13 14 15 16 17 18 19 20 21 22 23 24 25

WALL

STREET

REPORTING,

INC.

(888) 971-DEPO

Page

5

1
2 3 4 5 6 7 8
9

INDEX EXAMINATION MS. VILLEBRO MS. JAGER MR. PIMENTEL MR. SONNETT MS. KING E X H I BIT S BY PAGE 6, 70
37, 73 50, 74 59 64

10

DEFENDANTS'
A B C D E F G Curriculum Deposition Urology Medical Medical Report Surgical Vitae (35 pages) (5 pages) 6/4/2008 (3 pages)

PAGE 7
7

11
12 13

subpoena dated

Report Report records

10

14
15

(2 pages) (69 pages) (5 pages) Final Report (1 page)

20
32

16 17
18 19

of Operation Pathology

51

61

20
21 22
23

INFORMATION

TO BE SUPPLIED
(None)

24

QUESTIONS

MARKED

25

(None)

WALL

STREET

REPORTING,

INC.

(888) 971-DEPO

Page 6 1 2
3 4 5 6 7

LOMA LINDA, CALIFORNIAi, TUESDAY, JANUARY·5, 2011 12:21 P.M.

H. ROGER HADLEY, M.D., having been first duly sworn, was examined and testified as follows:

8 9 10 11 12 13 BY MS. VILLEBRO:
Q

EXAMINATION

Good afternoon, Dr. Hadley.

Can you please

state and spell your name for the record?
A

Henry Roger Hadley, H-e-n-r-y; R-o-g-e-r;

H-a-d-l-e-y.
Q A Q A

14
15 16

And you are a doctor of medicine; correct? Yes. And what is your specialty? Urology. What I'm -- first, let me introduce myself. I'm an attorney representing

17
18

Q

19 20 21 22 23 24 25

I'm Jennifer Villebro.

Dr. Red Alinsod in a malpractice and products liability case that has been filed by someone we understand to be one of your patients, Debra Votta. We're here to ask

you some questions about your involvement in her medical care today. Have you ever had your deposition taken before?

WALL

STREET

REPORTING,

INC.

(888) 971-DEPO

Page 7
1 A

Y~. And how many occasions? Twenty or more. Would you be comfortable proceeding with the

2
3

Q
A

4
5 6 7
8

Q

deposition without going through the admonitions of the deposition?
A

Yes. And you before we started here today, you

Q

9 10 11 12 13 14 15 16 17
18

were kind enough to give me a copy of your Curriculum Vitae. It's a 35-page document that I will attach as

Exhibit A to the deposition transcript. (Defendants' Exhibit A was marked for identification by the Certified Shorthand Reporter.) BY MS. VILLEBRO: Q In reviewing your C.V., does it appear to be

current and up to date? A Q Yes. Thank you. What I'm going to do before I start

19 20 21 22 23 24 25

my questioning is attach as Exhibit B the Deposition Subpoena for today's deposition requiring your appearance here today along with a Notice of -- to Consumer regarding a request for Mrs. Votta's medical records from your office. {Defendants' Exhibit B was marked for

WALL

STREET

REPORTING,

INC.

(888) 971-DEPO

Page 8
1

identification Shorthand

by the Certified

2
3

Reporter.) Want me to put the letter on

MR. SONNETT: this? MS. VILLEBRO: BY MS. VILLEBRO:

4
5

(No verbal

response.)

6 7

Q
December A

Where 2007?

were you pra~ticing

urology

in

8 9 10 11 12 13 14
15 16

Lorna Linda,

California. to practice

Q
urology
A

And how long -- have you continued in Lorna Linda .since that time? Yes. Are you currently still in active

Q
urology?

practice

of

A Q
patient A

Yes. Do you have an independent named Yes. Do you have a recollection you have provided Yes. And can you give me a synopsis is regarding the treatment of what your to of what type of Debra Votta? recollection of a

17 18 19 20 21 22 23 24 25

Q
treatment A

to Ms. Votta?

Q
memory

you have provided

Debra Votta?
A

In her evaluation

I found a piece

of mesh which

WALL STREET REPORTING, INC. (888) 971-DEPO

PROOF OF SERVICE
State a/California

I am employed in the county of Los Angeles , state of California; 1 am over the age of 18 years and not a party to the within action; my business address is: 3435 Wilshire Blvd., Suite 2200 Los Angeles, CA 90010

I a~ readily familiar with the firm's business practice of processing correspondence for mailing. In the ordmary course of busmess, the correspondence would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at my business address above. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than on day after the date of deposit for mailing as listed On 03/23/2012 I served the foregoing documents described as: Plaintiff Debra Votta's Notice of Motion and Motion to Strike/Tax Costs by Defendants Red Alinsod and South Coast Urogynecology, Inc.

on the interested parties in this action, by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid, in the United States Mail at my address stated above, addressed as follows: Ms. Jennifer Villebro, Esq. LA W,BRANDMEYER + PACKER LLP 245 S. Los Robles Ave., Suite 600, Pasadena, CA 91101

Executed on: 03/23/2012

at Los Angeles

---- , California.

Sana Z. Zaidi Law Offices of Ramin Younessi

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