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CAUSE NO. C-3244-11-G *ATXFILE S>_ o'clock Dp AUG 16 2012 4LOURDES PENA ANF OF § IN THE DIST, ROJOSA, CLERKFELIX ARTURO ORTEGA, A MINOR CHIL § Distri ts, H algo Gounty § 370th JUDIE Ys. BNSF LA Deputyv § §HOC PROPERTIES, INC § HIDALGO COUNTY, TEXAS NOTICE OF FILING OF MEDICAL RECORDS BY AFFIDAVITTO: OPPOSING COUNSEL OF RECORD You are hereby notified that Plaintiff Felix Arturo Ortega, has filed in the above-entitledand numbered cause certain medical records and bills together with Affidavit of: TEXAS CHILDRENS HOSPITAL The medical records will be offered in evidence on the trial of the above-captioned causePursuant to Rule 902(10) of the Texas Rules of Civil Evidence, These medical records will be madeavailable by the court clerk to counsel for parties to the litigation for inspection and copying at theexpense of the person desiring the copies. Date: August 15, 2012 Respectfully submitted. Law Offices of Ezequiel Reyna, Jr., P.C 702 W. Expressway 83, Suite 100 Weslaco, Texas 78596 UWL Tel. 956/ 9 Fax 956/969-04 eau) ka Bar Loos ATTORNEY FOR PLAI 1FFCERTIFICATE OF SERVICE A true and correct copy of the above and foregoing instrument has been served on thefollowing counsel of record in accordance with the Texas Rules of Civil Procedure on this day of August 2012. hyp; Ms. Michele N. Gonzales Clark, Miller & Campbell 200 South 10th Street, Suite 501 McAllen, TX 78501 “ft/)CAUSE NO. C-3244-11-G LOURDES PENA ANF OF IN THE DISTRICT COURTFELIX ARTURO ORTEGA, A MINOR CHILDy 370th JUDICIAL DISTRICTHOC PROPERTIES, INC, HIDAI.GO COUNTY. TEXAS — AFFIDAVITTHE STATE OF Cu? . +COUNTY OF +RECORDS PERTAINING TO: Felix Arturo OrtegaBefore me, the under signed authority, personally appeared ToL er, YY __who, being by meduly swom, depose d as follows:My name isand personally Leena VY - 1am of sound mind and capable of making this affidavit, inted With jKe facts hercin stated:Tam the custodian of records of Texas Childrei Hospital, Attached hereto are 3 3 b es of recordsfrom Texas Childrens Hospital, These said pages of records are kept by Texas Childrens Hospital inthe regular course of business, and it was th ie regutar course of business of Texas Child ens Hospital, or anordi loyee or representative of Texas Childrens Hospital with knowledge of the act, event it. condition, opinion, jagnosis, recorded to make the record to transmit information thercof to be includ led in such record; andthe record was made at or near the time or reasonably soon thereafter. The records auached hereto are theoriginal or exact duplicates of the originals. Sworn and Subscribed before me on the 6 * ay of Mees” +2 otary Public in and fot Stare of Texas AMANDA LATRICE SUTTON Notary Public, Stare of Texas My Commissior: Exsues May 09, 2015————"Ortega, Felix (MR # 3000829607)Felix Ortega Description: Male DOB: 3/26/20093/22/2012 12:46 PM Anesthesia Event Provide™: Princy Mohan, NPWIRN: 3000829607 Department: Wt Hold Cath RevrAnesthesia Post-op Evaluation signed by Kristen D Sheehy, CRNA at 03/23/12 1644 Author: Kristen D Sheehy, Service: (none) ‘Author Type: NURSE ANESTHETIST CRNA Filed; O3/23/12 1644 Nate 03/23/12 1643 Casign Yes Time: Required: Anesthesia PACU/ICU Arrival Note Patient: Felix Ortega Procedure(s) Performed: TEE TRANSESOPHAGEAL ECHOCARDIOGRAPHY; PERC TRANSCATH CLOSURE CONG !A COMM WAMPLANT Patient location:PACU Post pain: Adequate analgesia Vital Signs: SpO2 100 Pulse 95 BP 76/37 Resp 16 FiO2 6 lpm FM Temp 97 ax Level of consciousness:asleep Report given to:RN Ingrid TreybigPatlent I information oman — pce re eterna ener ane an eee eeceeeie Felix (3000820607) WDOVE A APT 45 Home Phore 0182 LLEN, TX? Work Phone Felix Ortega Description. Male DOB: 3/26/2009 3/14/2012 8:24 AM Anesthesia Event Provide’: Princy Mohan, NP MRN: 3000829607 Department: Wt Hold Cath RevrAnesthesia Post-op Evaluation signed by Gary Lichliter, MD at 03/9/12 1155 Author: Gary Lichliter, MD Service: Anesthesiolocy Author Type: RESIDENT Filed 03/19/12 1155 Note 03/19/12 1154 Time: Related Cosigned by: Shakeel A Siddiqui, MD filed at 03/29/12 1651 Notes Anesthesia PACU/ICU Arrival Note Patient: Felix Ortega Procedure(s) Performed: EGO W/BAND LIGATION Patient location:PACU I iOrtega, Felix (MR # 3000829607) Printed by Paul Gutierrez [22991] at 7/30/12 10:36 AM Page 1 of 3Ortega, Felix (MR # 3000829607) Post pain:Adequate analgesia Vital Signs: SpO2 99 Pulse 97 BP 76/43 Resp 24 FiO2 35 Temp 36.4 Level of consciousness:asleep Report given to:RN Betty SmithPatient Information Ortega, Felix [3000829607] DOB 03/26/2009. Male 1401 WDOVE AVE, APT 45 Home Phore "956-563-0182 MCALLEN, TX 78504 Wark PhoneFelix Ortega Description: Male DOB: 3/26/20093/9/2012 6:13 AM Anesthesia Event Provide’: Angela A Medellin, PNPMRN; 3000829607 Department: Wt Gnri MedicineAnesthesia Post-op Evaluation signed by Nihar V Patel, MD at 03/09/12 1432 Author: NiharV Patel, MD Service: Anesthesiolocy Author Type: Physician Filed 03/09/12 1432 Note 03092 1432 Time: Anesthesia PACU/ICU Arrival Note Patient: Felix Ortega Procedure({s) Performed: * No procedures listed * Patient location:PACU Post pain: Adequate analgesia Vital Signs: SpO2 100 Pulse 100 BP 75/36 Resp 30 FiO2 blowby Temp 36.6 Level of consciousness:asleep Report given to:RN AmyPatient Information Orteg 3000829507] DOB 03/26/2009 Male E AVE, APT 45 hore "956-563-0182 % 78504 PhoneFelix Ortega Description: Male DOB: 3/26/20093/5/2012 2:03PM Anesthesia Event Provide’: Angela A Medellin, PNPMRN: 3000829607 Department: Wt Ir ImagingOrtega, Felix (MR # 3000829607)Anesthesia Post-op Evaiuation signed by Laura Torres, MD at 03/06/12 0930 Author: Laura Torres, MD Service: Anesthesiology Author Type: Physician Filed: 03/06/12 0930 Note OH0E/12 0929 Time: Anesthesia PACU/ICU Arrival Note Patient: Felix Ortega Procedure{s) Performed: Percutaneous liver biopsy Patient location:PACU IR Post pain:Sleepy, good natural airway, comfortable Vital Signs: SpO2 100 Pulse 103 BP 82/44 Resp 24 FiO2 2L NC Temp 36.4 Level of consciousness:asleep Report given to:RN Izaguirre Safe transport to PACU.Patient Information Ortega, Felix [3000829507] OCB 03/26/2009 Male 1401 W DOVE AVE, APT 45 Home Phore 956-563-0182 MCALLEN, TX 78504 Work PhoneOrtega, Felix (MR # 3000829607) Printed by Pau! Gutierrez [22991] at 7/30/12 10:36 AM Page 3 of 3a? me =Ortega, Felix (MR # 300082 9607)Felix Ortega Description: Male DOB: 3/26/20093/22/2012 12:46 PM Anesthesia Event Provide~ Princy Mohan, NPPRN: 3000829607 Department: Wt Hold Gath RevrAnesthesia Pre-op Evaluation signed by Wanda C Miller-Hance, MO at 03/23/12 ceen en1430 eae eee eeenereneec creer Author: Wanda C Miller- Service: Cardiology Author Type: Physician Hance, MD Filed: 03/23/12 1430 Note O¥22N2 1247 Time: Related Original Note by: Wanda C Miller-Hance, MD filed at 03/23/12 1430 Notes: ROS/MED HX General: Patient summary reviewed. Patient has fever (Diagnosed w/ Herpangina on 2/24 sip course of Amoxicillin. Fever 38.6 on 3/14. Rapid RSV/FLu/Adeno neg; Stool studies: giardia/c diff neg. Started on IV Zosyn. abx stopped after 48 hrs neg cx). Patient has no history of anesthetic complications (s/p EGD/colonoscopy, spica cast, BMA/BX at OSH, no reported problems. Liver Bx 3/08 and MRI 3/09: NC; Received Propofol. No complications ) or malignant hyperthermia (No family hx complications w/ GA or hx MH). Perinatal: Patient was full term (BW 5 Ibs 6oz. No complications ). He had complications at birth (twin, no prenatal care, hospital x1 week to ensur no complications per Mom). Cardiovascular: Patients ECG reviewed. Patient has a murmur. Patient has no angina, cyanosis, palpitations, syncope or hypertension. Patient has no dyspnea. He has no diaphoresis. Patient has a history of congenital heart defect. He has an atrial septal defect. Respiratory: Patient has reactive ainvay disease (mild, wheezing w/ URI. Last Albuterol neb ~4- 5mos ago per Mom). Patient has no cyanosis or chronic lung disease. Patient does not have sleep apnea. The patient snores (just recently, no pauses). Patient has no dyspnea. The patient did not have a recent URI. Neurological: Negative neuro ROS. He has no seizures. He did not have a cerebrovascular accident. Patient has no intraventricular hemorrhage Patient has no developmental delays. Musculoskeletal: Patient does not have malignant hyperthermia (No family hx complications w/ GA or hx MH). He has no hypotonia Integumentary: Negative skin ROS. Patient does not have a rash of eczema. Gastrointestinal: Patient has esophageal reflux (on GI prophylaxis with Lansoprazole). Patient has. liver disease. He has liver failure and hepatosplenomegaly. He has failure to thrive (and small for age). He is malnourished. Genitourinary: He does not have chronic renal disease Endocrine/Metabolic: Negative endocrine ROS. The patient does not have diabetes mellitus (Monitoring glucoses, range 75-141). Patient has no hyperthyroidism or hypothyroidism. Additional ROS/Med Hx Findings: 2 yo male toddler: -Transferred from Edinburg to TCH on 3/01/12 for possible shunt (splenorenal) versus transplant wiu -Hx possible CMV infection as well as fall in November 2010 and possible liver laceration -Portal hypertension, recent GI bleed, and Grade 3 varices (esophageal and internal hemorrhoid - requiring PRBC 2/27/12) of unclear etiology -Portal vein thrombosis/agenesis with cavernous sinus formation and splenomegaly per cavernous transformation of the portal vein, splenomegaly and varices -s/p liver biopsy 3/08/12: fibrosis around portal veins (Currently no plans to list for transpiant at this time) -Large secundum ASD and bicuspid Aortic valve-currently asymptomatic. Allergies: NKDA Current medications: Fertinsol, Prevacid, Vit K Poly 1 ierrez [22991] at 7/30/12 10:37 AM Pape l of 4Ortega, Felix (MR # 3000829607) Abdominal MRI (3/9/12): diminished liver size with a small focus of early arterial enhancement with the right hepatic lobe of uncertain nature and significance. Splenomegaly.Varices. Cavemous transformation of the portal vein Most recent Echo 3/07/12: -Large secundum atrial septal defect with large left-to-right shunt. Small (2.5 mm) retroaortic rim in parasternal short axis view. -No obvious posterior rim in parasternal short axis view. -Small superior rim (6 mm) in 4 chamber view. -Smail inferior rim (9 mm) in 4 chamber view. -Minimal if any posterosuperior rim. -Approximately 12.8 mm posteroinferiar rim. -Moderate right atrial and right ventricular enlargement. ~Good biventricular systolic function. -No pericardial effusion. EKG 3/5/12 NSR, right axis deviation Recent Studies: CXR 3/3/12: Mild cardiomegaly. The lungs are clear. Negative for Factor V Leiden and Prothrombin Mutation (3/6/12) AB:stable on RA -continue to monitor CV: ECHO with large ASD, RA enlargement -Cardiology involved - Plan for ASD device closure 3/23/12 -pre-op preparations: NPO, IVF at MN, chem 10, CBC, PT/PTT, Type and Cross the am of procedure; will give FFP now, |V Vit K today in place of oral vit K) -monitor for tachycardia Neuro: no active issues -continue to monitor for signs/symptoms of hepatic encephalopathy FEN/GI/Liver: MRI with diminished liver size with small focus of early arterial enhancement within the tight hepatic lobe of uncertain nature and significance, splenomegaly, varices, cavernous transformation of the portal vein. Biopsy with fibrosis around portal vein, peliosis. No evidence of cholestasis but decreased absorption as demonstrated by low fat-soluble vitamin levels. continue regular diet -will hold PO Vit K for today (will receive IV instead), restart tomorrow after procedure continue GI ppx with lansoprazole -ffu Vitamin A levet continue LFTs, coags qMonThurs -daily weights Heme: -Hypercoagulable panel unremarkable; will need to repeat in 2-3 months -CBC qMonThurs -will start daily Fe Recent Labs: 22/2012 AST: 49Orteoa. Felix (MR # 3000829607) Prnted by Paul Gutierrez 1229911 at 7/30/12 10:37 AM Page 2o0f4I __Ortega, Felix (MR # 3000829607) ALT: 51 (H) Alkaline Phosphatase: 351 (H) GGT: 17 Bili Conjugated: 0.0 Bili Unconjugated: 0.4 Albumin: 3.7 22/2012 WBC: 3.01 (L) RBC: 4.04 HGB: 9.2 (L) HCT: 29.5(L) MCV: 73.0 (L) MCH: 22.8 (L) MCHC: 31.2 RDWCV: 16.7 (H) RDWSD: 45.2 Platelet: 87 (L) Platelet Comment: Giant platelets noted on smear review MPV: 10.2 (H) Differential Type: MAN Seg%: 15.1 (L) Band%: 10.1 (H) Lymph%: 54.6... Mono%: 16.8 (H) EO8%: 3.4 (H) ANC: 0.76 (L) 9/22/2012 INR: 1.6 (H) Protime: 18.7 (H) PLAN: TEE/Possible ASD device closure 3/23/12 with Dr. Ing Hematological/Lymphatic: He has iron deficiency anemia (on Iron supplemeniation ), bleeding disorder (Portal vein thrombosis/agenesis with cavernous sinus formation and splenomegaly per abdominal US) and anemia (Portal hypertension, recent Gi bleed, and Grade 3 varices (esophageal and internal hemorthoid - requiring PRBC 2/27/12) of unclear etiology). Patient has coagulopathy from hepatic dysfunction (on daily oral Vit K, but received IM Vit K and FFP 3/22/12). Physical Exam Cardiovascular: Regular rhythm. Normal rate. Murmur (gr 1-ll SEM LUSB; fixed split S2) heard. Systolic murmur is present with a grade of 1/6. Pulse is palpable. Skin: Patient's skin is warm. There is no jaundice. Capillary refill is less than 3 seconds. Turgor is normal. Abdominal: Abdomen is rigid. Bowel sounds ate normal. Neurological: Exam normal. Motor exam: Normal strength. Pulmonary: Patient's breath sounds clear to auscukation. Airway: He has no cleft palate, no macroglossia, no micrognathia and no tonsiliar hypertrophy. Dental: Patient is not edentulous. Additional airway findings: Anesthesia Plan ASA 4Ortega, Felix ( MR # 3000829607) Printed by Paul Gutierrez [22991] at 7/30/12 10:37 AM Page 3 of 4Ortega, Felix (MR # 3000829607) General with intravenous induction Medical history reviewed, plan discussed including the need for invasive monitors, blood products, postoperative management /intensive care unit care. All risks discussed, patienl/parent given the opportunity to ask questions. Anesthetic plan and risks discussed with: mother. Use of blood products discussed with and consented by mother. Plan discussed with CRNA and attending This patient is identified as having a cardiac historyPatient Information Ortega, Felix [3000829607] "03/26/2009 1401 W DOVE AVE, APT 45 __ "Home Phore 956-563-0182 MCALLEN, TX 78504 Work PhoneOrtega, Felix (MR # 3000829607) Printed by Paul Gutierrez [22991] at 7/30/12 10:37 AM Page 4 of 4Ortega, Felix (MR # 3000829607)Felix Ortega Description: Male DOB: 26/20093422/2012 12:46 PM Anesthesia Event Provide’: Princy Mohan, NPMRN: 3000329607 Department: Wt Hold Cath Revra op Ev: ed by Princy Mohan, NP at 03/22/12 4251 icy Mah: Service. Cardiology Author Type. NURSE PRACTITIONER Filed OW2212 1254 Note O¥222 1247 Note Status: Revised Time: Related Addendum by: Princy Mohan, NP filed at 03/22/12 1253 Notes. Original Note by: Princy Mohan, NP filed at 03/22/12 1249 ROS/MED HX General: Patient summary reviewed. Patient has fever (Fever to 102.3 on 2/23. Diagnosed w/ Herpangina on 2/24 s/p course of Amoxicillin. Fever 38.6 on 3/14-blood cx pending, rapid RSV/FLu/Adeno neg; Stool studies: giardia//c diff neg. Started on IV Zosyn.abx stopped after 48 hrs neg cx). Patient has no history of anesthetic complications (s/p EGD/colonoscopy, spica cast, BMA/BX at OSH, no reported problems. Liver Bx 3/08 and MRI 3/09: NC; Received Propofol. No complications ). Perinatal: Patient was full term. He had complications at birth (twin, no prenatal care, hospital x1 week to ensur no complications per Mom) Cardiovascular: Patien’s ECG reviewed. Patient has a murmur. Patient has no angina, cyanosis, palpitations, syncope or hypertension. Patient has no dyspnea. He has no diaphoresis. Patient has a history of congenital heart defect. He has an atrial septal defect. Respiratory: Patient has no cyanosis or reactive airway disease. The patient snores (just recently, no pauses). Patient has no dyspnea. The patient did not have a recent URI. Neurological: Negative neuro ROS. He has no seizures. He did not have a cerebrovascular accident. Patient has no intraventricular hemarrhage Patient has no developmental delays. Integumentary: Negative skin ROS. Patient does not have a rash or eczema. Gastrointestinal: Patient has esophageal reflux (on GI prophylaxis with Lansoprazole). Patient has liver disease. He has liver failure and hepatosplenomegaly. He has failure to thrive. He is malnourished. Genitourinary: He does not have chronic renal disease. Endocrine/Metabolic: Negative endocrine ROS. The patient does not have diabeles melitus (Monitoring glucoses, range 75-141). Patient has no hyperthyroidism or hypothyroidism. Additional ROS/Med Hx Findings: 2 yo male toddler: Transferred from Edinburg to TCH on 3/01/12 for possible shunt (splenorenal) versus transplant wiu. -Hx possible CMV infection as well as fall in November 2010 and possible liver laceration -Portal hypertension, recentGI bleed, and Grade 3 varices (esophageal and internal hemorrhoid - requiring PRBC 2/27/12) of unclear etiology -Portal vein thrombosis/agenesis with cavernous sinus formation and splenomegaly per cavernous transformation of the portal vein, splenamegaly and varices -S/p liver biopsy 3/08/12: fibrosis around portal veins -Large secundum ASD and bicuspid Aortic vatve-currently asymptomatic. -Biopsy shows fibrosis around the portal vein. -MRI shows diminished liver size with a small focus of early arterial enhancement with the right hepatic lobe of uncertain nature and significance. Splenomegaly.Varices.Cavernous transformation of the portal vein Most recent Echo 3/07/12: -Large secundum atrial septal defect with large left-to-right shunt.Oreos Felix (MR # 3000829607) Printed by Paul Gutierrez [22991] at 7/30/12 10:38 AM Page 1 of 2Ortega, Felix (MR # 3000829607) -Smail (2.5 mm) retroaortic rim in parasternal short axis view. -No obvious posterior rim in parasternal short axis view. ~Small superior rim (6 mm) in 4 chamber view. -Small inferior rim (9 mm) in 4 chamber view. -Minimal if any posterosupertor rim. -Approximately 12.8 mm posteroinferior rim. -Moderate right atrial and right ventricular enlargement. ~Good biventricular systolic function. -No pericardial effusion. EKG 3/5/12 NSR, right axis deviation Recent Studies: CXR 3/3/12: Mild cardiomegaly. The lungs are clear. Negative for Factor V Leiden and Prothrombin Mutation (3/6/12) Hematological/Lymphatic: He has iron deficiency anemia, bleeding disorder (Portal vein thrombosis/agenesis with cavernous sinus formation and splenomegaly per abdominal US) and anemia (Portal hypertension, recent GI bleed, and Grade 3 varices (esophageal and intemal hemorthoid - requiring PRBC 2/27/12) of unclear etiology). Anesthesia Evaluation Anesthesia Plan ASA 4 This patient is identified as having a cardiac historyPatient Information Orte: lix [3000829607] 008 03/26/2009 Male 140 E AVE, APT 45 Home Phore 956-563-0182 MCALLEN, TX 78504" Wark PhoneOrtega, Felix (MR # 3000829607) Printed by Paul Gutierrez [22991] at 7/30/12 10:38 AM Page 2 of 2ee oeOrtega, Felix (MR #30008 29607) Felix Ortega Description: Male DOB: 3/26/2009 3/14/2012 8:24 AM Anesthesia Event Provide: Princy Mohan, NP MRN: 3000829607 Department: Wt Hold Gath RevrAnesthesia Pre-op Evaluation signed by Princy Mohan, NP at 03/1442 ny Tt 0905 sem*n verre Author: Princy Mohan, NP Service: Cardiology Author Type. NURSE PRACTITIONER Filed: 03/14/12 0905 Note 03/14/12 0825 Note Status: Revised Time: Related Addendum by: Princy Mohan, NP filed at 03/14/12 0907 Notes. Original Note by: Princy Mohan, NP filedat 03/14/42 0904 ROS/MED HX General: Patient summary reviewed. Patient has fever (Fever to 102.3 on 2/23, Denies emesis, rashes, cough, congestion and was diagnosed with herpangina on 2/24. Treated with amoxicillin. Fever 3/14-blood cx pending, neg rapid RSV/FLu/Adeno). Patient has no history of anesthetic complications (s/p EGD/colonoscopy, spica cast, BMA/BX at OSH, no reported problems). Perinatal: Patient was full term. He had complications at birth (twin, no prenatal care, hospital x1 week to ensur no complications per Mom). Cardiovascular: Patient's ECG reviewed. Patient has a murmur. Patient has no angina, cyanosis, palpitations, syncope or hypertension. Patient has no dyspnea. He has no diaphoresis. Patient has a history of congenital heart defect. He has an atrial septal defect. It is unrepaired. Additional congential heart defect notes: Respiratory: Patient has no cyanosis or reactive airway disease. The patient snores (ust recently, no pauses). Patient has no dyspnea. The patient did not have a recent URI. Neurological: Negative neuro ROS. He has no seizures. He did not have a cerebrovascular accident. Patient has no intraventricular hemorrhage.Patient has no developmental delays. integumentary: Negative skin ROS. Patient does not have a rash or eczema. Gastrointestinal: Patient has esophageal reflux (on GI prophylaxis with Lansoprazole). Patient has liver disease. He has liver failure and hepatosplenomegaly. He has failure to thrive. He is matnourished. Genitourinary: He does not have chronic renal disease. Endocrine/Metabolic: Negative endocrine ROS. The patient does not have diabetes mellitus (Monitoring glucoses, range 75-141). Patient has no hyperthyroidism or hypothyroidism. Additional ROS/Med Hx Findings: 2 yo male toddler: -Transferred from Edinburg to TCH 3/01/12 for possible shunt (splenorenal) versus transplant w/u. -Portal hypertension, recent GI bleed, and Grade 3 varices (esophageal and internal hemorrhoid - requiring PRBC 2/27/12) of unclear etiology --Portal vein thrombosis/agenesis with cavernous sinus formation and splenomegaly per cavernous transformation of the portal vein, splenomegaly and varices -s/p liver biopsy 3/08/12: fibrosis around portal veins -Large secundum ASD and bicuspid Aortic valve-currently asymptomatic. Allergies: NKDA Active Scheduled Medications phytonadione 5 mg DAILY lansoprazole 15 mg DAILY PLAN: ASD device closure 3/15/12 with Dr. Ing Current Plan by Systems: 3/14/12:Ortega, Felix (MR # 3000829607) Printed by Paul Gutierrez [22991] at 7/30/12 10:39 AM Page lof 3_Ortega, Felix (MR # 3000829607) Resp: -Currently no active issues, will continue to monitor CV: -Continue to closely monitor hemodynamic status. ECHO obtained demonstrating (large ASD, RA enlargement). -Cardiology consulted- plan on cath for device ASD closure on 3/15/12 with Dr. Ing. Neuro: -No acute issues, continue to monitor for any signs/symptoms of hepatic encepholopathy FENG! - Continue GI prophylaxis with lansoprazole. Liver- Continue vitamin K. -Will need banding for varices. -Biopsy shows fibrosis around the portal vein. -MRI shows diminished fiver size with a small focus of early arterial enhancement with the right hepatic lobe of uncertain nature and significance. Splenomegaly.Varices.Cavernous transformation of the portal vein Heme - -Continue to monitor for bleeding or signs of anemia. - Hypercoagulable panel unremarkable- will need to repeat in 2-3 months. - Ordering PT/INR (INR 1.5, PT 18.2) - Ordering Anti-B2 GP1 Antibody ID - Does not appear toxic, but will monitor for signs of infection. Renal - Cantinue to monitor /O Abdominal MRI 3/9: -Diminished liver size with a small focus of early arterial enhancement with the right hepatic lobe of uncertain nature and significance. Splenomegaly. Relative elongation of the left kidney perhaps due to mass effect from the enlarged spleen. Pericholecystic, peripancreatic, mesenteric and small bowel adema. Patent portal veins and hepatic artery arising off the SMA. Cavernous transformation of the portal vein. Gastric, esophageal and hemorrhoidal varices. Abdominal US (3/2/12): Coarse echotexture of the liver with mild splenomegaly and significant pseudothickening of the wall of the gallbladder. Small amount of sludge within the GB with no stones. Trace right upper quadrant free fluid seen in the subhepatic region. Color Doppler images demonstrate cavernoma formation at the porta, possibly secondary to chronic thrombosis of the distal main portal vein. Normal color flow within the hepatic veins, IVC and hepatic artary. Most recent Echo 3/07/12: -Large secundum atrial septal defect with large left-to-right shunt. -Small (2.5 mm) retroaortic rim in parastemal short axis view. -No obvious posterior rim in parasternal short axis view. -Small superior rim (6 mm) in 4 chamber view. -Small inferior rim (@ mm) in 4 chamber view. -Minimal if any posterosuperior rim. -Approximately 12.8 mm posteroinferior rim. -Moderate right atrial and right ventricular enlargement. -Good biventricular systolic function.Ortega, Felix (MR # 3000829607) Printed by Paul Gutierrez [22991] at 7/30/12 10:39 AM Page 2 of 3-_Ortega, Felix (MR # 3000829607) -No pericardial effusion. EKG 3/5/12 NSR, right axis deviation Recent Labs: CBC (3/13/12): WBC: 4.99 (L) RBC: 4.11 HGB: 9.8 (L) HCT: 30.7) MCV: 74.7 (D) MCH: 23.8 MCHC: 31.9 RDWCV: 17.4 (H) RDWSD: 47.4 Platelet: 114 (L) MPV: 9.7 Differential Type: AUTO Seg%: 70.6 Lymph%: 19.2 Mono%: 9.0 (H) EOS%: 0.4 Baso%: 0.4 IG%: 0.4 (H) ANC: 3.52 LFTs (3/14/12) AST: 46 ALT: 36 Alkaline Phosphatase: 266 GGT: 18 Bili Conjugated: 0.0 Bili Unconjugated: 1.0 (H) Albumin: 3.7 Coags: (3/13/12): INR: 1.4 (H) Protime: 17.1 (H) Negative for Factor V Leiden and Prothrombin Mutation (3/6/12) Hematological/Lymphatic: He has iron deficiency anemia, bleeding disorder (Portal vein thrombosis/agenesis with cavernous sinus formation and splenomagaly per abdaminal US) and anemia (Portal hypertension, recent GI bleed, and Grade 3 varices (esophageal and internal hemorrhoid - requiring PRBC 2/27/12) of unclear etiology) Anesthesia Evaluation Anesthesia PlanPatient Information Ortega, Felix [3000829607] D0B 03/26/2009 Male 1401 WDOVE AVE, APT 45 Hol Phore 956-563-0182 MCALLEN, TX 78504 Work PhoneOrtega, Felix (MR # 3600829607)Felix Ortega Description: Male DOB: 3/26/20093/14/2012 8:24 AM Anesthesia Event Provide’: Princy Mohan, NPMRN: 3000829607 Department: Wt Hold Cath RevrAnesthesia Pre-op Evaluation signed by Princy Mohan, NP at 03/14/12 0904 Author: Princy Mohan, NP Service: Cardiology Author Type: NURSE PRACTITIONER Fited 03/14/12 0904 Note 0314/12 0825 Note Status’ Revised Time: Related Addendum by: Princy Mohan, NP filed at 03/14/12 0905 Notes. Originat Note by: Princy Mohan, NP filed at 03/14/12 0904 ROS/MED HX General: Patient summary reviewed. Patient has no history of anesthetic complications (5/p EGDicolonoscopy, spica cast, BMA/BX at OSH, no reported problems) or fever. Perinatal: Patient was full term. He had complications at birth (twin, no prenatal care, hospital x1 week to ensur no complications per Mom). Cardiovascular: Patients ECG reviewed. Patient has a murmur. Patient has no angina, cyanosis, palpitations, syncope or hypertension. Patient has no dyspnea. He has no diaphoresis. Patient has a history of congenital heart defect. He has an atrial septal defect. It is unrepaired. Additional congential heart defect notes: Respiratory: Patient has no cyanosis or reactive airway disease. The patient snores (just recently, no pauses). Patient has no dyspnea. The patient did not have a recent URI. Neurological: Negative neuro ROS. He has no seizures. He did not have a cerebrovascular accident. Patient has no intraventricular hemorrhage.Patient has no developmental delays. Integumentary: Negative skin ROS. Patient does not have a rash or eczema. Gastrointestinal: Patient has esophageal reflux (on G1 prophylaxis with Lansoprazole}. Patient has. liver disease. He has liver failure and hepatosplenomegaly. He has failure to thrive. He is matnourished . Genitourinary: He does not have chronic renal disease. Endocrine/Metabolic: Negative endocrine ROS. The patient does not have diabetes meflitus (Monitoring glucoses, range 75-141). Patient has no hyperthyroidism or hypothyroidism Additional ROS/Med Hx Findings: 2 yo male toddler: -Transferred from Edinburg to TCH 3/01/12 for possible shunt (splenorenal) versus transplant w/u. -Portat hypertension, recent G! bleed, and Grade 3 varices (esophageal and internal hemorrhoid - requiring PRBC 2/27/12) of unclear etiology ~Portal vein thrombosis/agenesis with cavernous sinus formation and splenomegaly per cavemous transformation of the portal vein, splenomegaly and varices -s/p liver biopsy 3/08/12: fibrosis around portal veins -Large secundum ASD and bicuspid Aortic valve-currently asymptomatic. Altergies: NKDA Active Scheduled Medications phytonadione 5 mg DAILY lansoprazole 15 mg DAILY PLAN: ASD device closure 3/15/12 with Dr. ing Current Plan by Systems: 3/14/12: Resp: -Currently no active issues, will continue to monitorOrtega, Felix (MR # 3000829607) Printed by Paul Gutierrez [22991] at 7/30/12 10:39 AM Page 1 of 3Ortega, Felix (MR # 3000829607) CV: -Continue to closely monitor hemodynamic status. ECHO obtained demonstrating (large ASD, RA enlargement). -Cardiclogy consutted- plan on cath for device ASD closure on 3/18/12 with Dr. Ing. Neuro: -No acute issues, continue to monitor for any signs/symptoms of hepatic encepholopathy FENG! - -Continue GI prophylaxis with lansoprazole. Liver- -Continue vitamin K. -Will need banding for varices. -Biopsy shows fibrosis around the portal vein. -MRI shows diminished fiver size with a small focus of early arterial enhancement with the right hepatic lobe of uncertain nature and significance. Splenomegaly.Varices.Cavernous transformation of the portal vain Heme - Continue to monitor for bleeding or signs of anemia. - Hypercoagulable panel unremarkable- will need to repeat in 2-3 months. - Ordering PT/INR (INR 1.5, PT 18.2) - Ordering Anti-B2 GP1 Antibody ID - Does not appear toxic, but will monitor for signs of infection. Renal - Continue to monitor I/O Abdominal MRI 3/9: -Diminished liver size with a small focus of early arterial enhancement with the right hepatic lobe of uncertain nature and significance. Splenomegaly. Relative elongation of the left kidney perhaps due to mass effect from the enlarged spleen. Pericholecystic, peripancreatic, mesenteric and small bowel edema. Patent portal veins and hepatic artery arising off the SMA. Cavernous transformation of the portal vein. Gastric, esophageal and hemorrhoidal varices. Abdominal US (3/2/12): -Coarse echotexture of the liver with mild splenomegaly and significant pseudothickening of the wall of the gallbladder. Small amount of sludge within the GB with no stones. Trace right upper quadrant free fluid seen in the subhepatic region. Color Doppler images demonstrate cavernoma formation at the porta, possibly secondary to chronic thrombosis of the distal main portal vain. Normal color flow within the hepatic veins, IVC and hepatic artery. Most recent Echo 3/07/12: -Large secundum atrial septal defect with large left-to-right shunt -Smail (2.5 mm) retroaortic rim in parasternal short axis view. -No obvious posterior rim in parasternal short axis view. -Small superior rim (6 mm) in 4 chamber view. -Smail inferior rim (9 mm) in 4 chamber view. -Minimal if any posterosuperior rim. -Approximately 12.8 mm posteroinferior rim. -Moderate right atrial and right ventricular enlargement. -Good biventricular systolic function. -No pericardial effusion. 3 Pal; + it 22991] at 7/30/12 10:39 AM = Page 2 of 3Ortega, Felix (MR # 3000829607) EKG 3/5/12 NSR, right axis deviation Recent Labs: CBC (3/13/12): WBC: 4.99 (L) RBC: 4.11 HGB: 9.8 (L) HCT: 30,7 (L) MCV: 74.7 (L) MCH: 23.8 MCHC: 31.9 RDWCV: 17.4 (H) RDWSD: 47.4 Platelet: 114 (L) MPV: 9.7 Differential Type: AUTO Seg%: 70.5 Lymph%; 19.2 Mono%: 9.0 (H) EOS%: 0.4 Baso%: 0.4 1G%: 0.4 (H) ANC; 3.52 LFTs (3/14/12) AST: 46 ALT: 36 Alkaline Phosphatase: 266 GGT: 18 Bili Conjugated: 0.0 Bili Unconjugated: 1.0 (H) Albumin: 3.7 Coags: (3/13/12): INR: 1.4 (H) Protime: 17.1 (H) Negative for Factor V Leiden and Prothrombin Mutation (3/6/12) Hematological/Lym phatic: He has iron deficiency anemia, bleeding disorder (Portal vein thrombosis/agenesis with cavernous sinus formation and splenomegaly per abdominal US) and anemia (Portal hypertension, recent Gi bleed, and Grade 3 varices (esophageal and intemal hamorthoid - raquiring PRBC 2/27/12) of unclear etiology). Anesthesia Evaluation Anesthesia PlanPatient Information Ortega, Felix [3000829607] OOB 03/26/2009 Male 4401 WDOVE AVE, APT 45 Home Phore “956-563-0182 MCALLEN, TX 78504 Work PhoneOrtega, Felix (MR # 3000829607) Printed by Paul Gutierrez [22991] at 7/30/12 10:39 AM Page 3 of 3OS a “Ortega, Felix (MR é 3000829607)Felix Ortega Description: Male DOB: 3/26/200935/2012 2:03 PM Anesthesia Event Provide’: Angela A Medellin, PNPMRN: 3000829607 Department: Wt Ir ImagingAnesthesia Pre-op Evaluation signed by Angela A Medellin, PNP at 0305/12 1426 Author. Angela A Medellin, Service: (none) Author Type: NURSE PRACTITIONER PNP Filed: OWOSN12 1426 Note OH05N2 1412 Note Status: Revised Time: Related Addendum by: Angela A Medellin, PNP filed at 03/05/12 1435 Notes: Original Note by: Angela A Medellin, PNP fited at 03/05/12 1421 ROS/MED HX Cardiovascular: Patient's ECG reviewed. Patient has a history of congenital heart defect. He has an atrial septal defect. It is unrepaired. Additional congential heart defect notes: Echo 3/1/12 Situs solitus of the atria and viscera. Levocardia. Large atrial septal defect with left to right shunting. The defect measures ~16 mm with a peak velocity of 1.3 meters per second. No obvious ventricular septal defects Moderate right atrial enlargement. Mild to moderate tricuspid regurgitation with a peak velocity of 2.6 meters per second. Qualitatively the pulmonary valve annulus and branch pulmonary arteries appear dilated; qualitatively they measure near the upper limits of normal for body surface area. Mild increase in flow across the pulmonary artery with a peak velocity of 2.7 meters per second and a mean gradient of 13 mmHg. This is likely flow related. Trivial pulmonary regurgitation with a low end diastolic velocity. No left ventricular outflow tract obstruction. Bicommissural aortic valve with partial fusion of the right and noncoronary leaflets. Normal sized aortic root and ascending aorta Left and right coronary arteries appear to arise from their respective sinuses of Valsalva by 2D imaging. Antegrade flow in the left coronary artery is visualized by color Doppler. Lefi aortic arch with normal branching. No aortic arch obstruction. At least three pulmonary veins are seen retuming tothe left atrium. Qualitatively moderately to severely dilated right ventricular cavity size with normal systolic function. The left ventricular end-diastolic dimension measures mildly small in the presence of diastolic septal flattening. Norma! left ventricular systolic function. Shortening fraction ~ 33%; calculated ejection fraction by modified Simpson's biplane method: 71%. No pericardial effusion detected. DTI performed. Findings limited to the above. Gastrointestinat: Patient has liver disease. Additional ROS/Med Hx Findings: 2 yo M with portal hypertension, recent GI bleed, and Grade 3 varices(esophageal and internal hemorrhoid - requiring PRBC 2/27/12) of unclear etiology. Transferred ta TCH for possible shunt (splenorenal) versus transplant workup By verbal report he has a doppler ultrasound showing portal vein thrombosis/agenesis With cavernous sinus formation and splenomegaly. Fever to 102.3 on 2/23 Echo revealed large ASD with left to right shunt and bicuspid Aortic valve - see report. Cards tequesting sedated echo following liver biopsy to evaluate for device closure. Pt currently asymplomatic.Ortega, Felix (MR # 3000829607) Printed by Paul Gutierrez [22991] at 7/30/12 10:40 AM Page 1 of 2Ortega, Felix (MR # 3000829607) EKG 3/5/12 NSR, right axis deviation US 3/2/12 Coarse echotexture of the liver with mild splenomegaly and significant pseudothickening of the wall of the gallbladder. Small amount of sludge within the GB with no stones. Trace right upper quadrant free fluid saen in the subhepatic region. Color Doppler images demonstrate cavernoma formation at the porta, possibly secondary to chronic thrambosis of the distal main portal vein. Normal color flow within the hepatic veins, IVC and hepatic artery. Hematological/Lym phatic: He has iron deficiency anemia. Anesthesia Evaluation Recent Labs Basename BHAZ + WeSC 4.23" HGB 10.3* HCT 31.8* PL 129" SEG 29.2" BAND 5.0* LYMP 55.8 MONOS 67" EOS 33° BASO Recent Labs Baseriame. :- ‘WS/12 0030 + PROTIM 16.8" + PTT 31.8 + INR 1.4* * OD * FIBR Anesthesia PlanPatient Information Ortega, Felix [3000829607] DOB “03/26/2009 Male 1401 WDOVE AVE, APT45 Home Phare 956-563-0182 MCALLEN, TX 78504 Work Phone Ortega, Felix (MR # 3000829607) Printed by Paul Gutierrez [22991] at 7/30/12 10:40 AM Page 2 of 2Be Ortega, Felix (MR # 3000829607) Felix Ortega Description: Male DOB: 3/26/2009 3/2012 Hospital Encounter Department: Wt Gnrl Medicine MRN: 3000829607 Brief Op Note signe John M Hollier, MD at 03/19/12 1155. Author. Jonn M ‘,MD = Service: GI Hepatology & Author Type: FELLOW Nutrition Filed: 03/19/12 1155 Note 03182 115° Cosign Yes Time: Required: Name: Felix Ortega MRN: 3000829607 DOB: 3/26/2009 Bed/roam: WTORMAINAWTORMAIN Date: 3/19/2012 Time: 11:51 AM Indications: Felix is a 2 y.o. 11 m.o. Male that presented with a hematochezia and a history of portal vein thrombosis and esophageal varices Procedure: Diagnostic EGD Pre-operative Diagnosis: Portal Hypertension Post-operative Diagnosis: Same Surgeon: JOHN M HOLLIER, MD 1st Surgical Assistant: Leung, Dan (Attending) 2nd Surgical Assistant: Anesthesia: General endotracheal anesthesia Anesthesiologist: Sidiqqi Findings: Grade II to lV esophageal varices and grade | to Il gastric varices Estimated Blood Loss: <1mL Specimens: None Complications: None; patient tolerated the procedure well. Disposition: Return to hospital bed Condition: Stable Signature: JOHN M HOLLIER, MD Pager x1120 Patient Information Ortega, Felx [3000826507] DOB. ~ 03/26/2009 Male 1401 WDOVE AVE, APT 45 Home Phore 956-563-0182 MCALLEN, TX 78504 Work Phone Mp i) RX O40 witerrs 99 0:40 A Pas of 1Ortega, Felix (MR # 3000829607)Felix Ortega Description: Mate DOB: 3/26/20093/1/2012 Hospital Encounter Department: Wt Gnrl MedicineMRN: 3000822607Care Management Discharge Planning signed by Shirley A Osbome, RN at 03/27/12 1338 Author: Shirley A Oshome, Service: (none) Author Type: REGISTERED NURSE Filed: 03/27/12 1338 Note O26/12 1115 Time: Care Management Progress Note Clinical Update Situation- Portal Hypertension, Evaluation for transplant versus shunt. Background-2 year old male with varicies and portal hypertension of unknown etiology. He presents as an outside hospital! transfer for further evaluation and work up. Assessment- Abdominal ultrasound notable for chronic thrombosis of distal portal vein and coarse echotexture of liver. Echocardiogram with large ASD, unable to be repaired in cath lab, No plans to list for transplant at this time. regular diet. Continue oral Vit K at 2.5 mg, AQUADEKSs (increase to 1ml BID), received day 3/3 of IM Vit K 2 mg today. Continue GI ppx with lansoprazole. Recommendation- Care M
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On March 21, 2024, the Court granted Plaintiffs counsels motion to be relieved. On April 18, 2024, the Court granted Laras motion to compel Plaintiff to appear for deposition and produce documents. The Court also imposed monetary sanctions on Plaintiff. On May 24, 2024, Lara filed the instant motion for terminating sanctions, contending that Plaintiff has not complied with the Courts April 18, 2024, and has not indicated she has any intent to do so. Plaintiff filed no opposition, and Lara no reply. A final status conference is set for August 8, 2024, and jury trial on August 20, 2024. TENTATIVE RULING The motion is DENIED. LEGAL STANDARD The Civil Discovery Act requires the court to impose monetary sanctions on a party who unsuccessfully opposes a motion to compel initial or further discovery responses. (See Code Civ. Proc., §§ 2030.290(c), 2030.300(d), 2031.300(c), 2031.310(h), 2033.280(c), 2033.290(d).) If a party then fails to obey an order compelling initial or further response, the Act permits the court at its discretion to impose escalating sanctions, including issue, evidence, or terminating sanctions. (See id., §§ 2030.300(e), 2031.310(i).) DISCUSSION On April 18, 2024, the Court ordered Plaintiff to appear for deposition and produce documents on May 21, 2024, and to pay $450.00 in monetary sanctions within sixty (60) days. (See 04-18-2024 Minute Order.) Laras counsels uncontradicted declaration establishes Plaintiff did not comply with any part of this order. (McNulty Decl., ¶¶ 5-6.) The Court has the discretion to impose escalating sanctions. However, a terminating sanction remains slightly premature. In imposing discovery sanctions, [t]he trial court should consider both the conduct being sanctioned and its effect on the party seeking discovery[.] (Id., 992.) Sanctions should be tailored to the harm created by the withheld discovery and should not be used as punishment. 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Here, the facts do not sufficiently establish a willful failure to comply with the Courts order, nor do they establish that lesser sanctions cannot induce Plaintiffs compliance. The Court might have imposed lesser sanctions, but Lara did not request any in the alternative. The Court recognizes that Defendant will suffer prejudice if trial proceeds as scheduled. The Court therefore orders a short continuance and reserves a hearing date for a renewed sanctions motion. The Court will consider terminating sanctions at that time if Plaintiff still has not complied with the Courts order. Whether or not Plaintiff complies, the Court will consider lesser sanctions as appropriate to remediate any prejudice caused by Plaintiffs misconduct. CONCLUSION The Court denies the motion without prejudice. The Court advances to this date the final status conference and jury trial set for August 8 and August 20, 2024, respectively, and continues them to October 3 and October 15, 2024. The Court reserves a hearing date for Defendants renewed sanctions motion on September 4, 2024, at which the Court will reconsider terminating or lesser sanctions depending Plaintiffs compliance with the Courts April 18, 2024 order. Defendant is ordered to give notice by overnight mail and file proof of such with the Court. Dated: July 17, 2024 ___________________________________ Joel L. Lofton Judge of the Superior Court Parties who intend to submit on this tentative must send an email to the court indicating their intention to submit. alhdeptx@lacourt.org
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JOHN SJ DOE VS CLAREMONT UNIFIED SCHOOL DISTRICT, A CALIFORNIA PUBLIC ENTITY, ET AL.
Jul 16, 2024 |21STCV43583
Case Number: 21STCV43583 Hearing Date: July 16, 2024 Dept: G Defendant Claremont Unified School Districts Motion to Direct Compliance with Business Records Subpoena on Meta Platforms, Inc. Seeking Electronically Stored Information Related to Plaintiffs Social Media Posts Respondent: Plaintiff John SJ Doe and Non-Party Meta Platforms, Inc. Non-Party Meta Platforms, Inc.s Unopposed Motion to Seal Respondent: NO OPPOSITION TENTATIVE RULING Defendant Claremont Unified School Districts Motion to Direct Compliance with Business Records Subpoena on Meta Platforms, Inc. Seeking Electronically Stored Information Related to Plaintiffs Social Media Posts is GRANTED. Non-Party Meta Platforms, Inc. is ordered to serve the requested records on Defendant Claremont Unified School District within twenty (20) days of the issuance of this order. Non-Party Meta Platforms, Inc.s Unopposed Motion to Seal is GRANTED. BACKGROUND This action arises from the sexual abuse of a high school student by school staff. Defendant Brandy Wilborn was a teachers aide employed by Defendant Claremont Unified School District (CUSD) at Claremont High School. Plaintiff John SJ Doe was a student at Claremont High School. From December 2014 to May 2015, Wilborn sexually assaulted, abused, molested, and harassed Doe. Wilborn was then arrested in 2015 and pled no contest to unlawful sexual intercourse with a minor. On November 29, 2021, Doe filed a complaint for damages against CUSD, Wilborn, and Does 1 through 50, alleging the following causes of action: (1) intentional infliction of emotional distress against all defendants; (2) negligence against CUSD and Does 1-50; (3) negligent supervision against CUSD and Does 1-50; (4) negligent retention/hiring against CUSD and Does 1-50; (5) negligent failure to train, warn, or educate against CUSD and Does 1-50; (6) breach of fiduciary duty against all defendants; (7) constructive fraud pursuant to Civil Code, section 1573 against all defendants; (8) sexual harassment pursuant to Civil Code, section 51.9 against all defendants; (9) sexual harassment and abuse in the educational setting pursuant to Education Code, section 220 against CUSD and Does 1-50; (10) sexual battery against Wilborn; (11) gender violence pursuant to Civil Code, section 52.4 against Wilborn; and (12) violation of Penal Code, section 647.6, subdivision (a)(1) against Wilborn. On June 17, 2022, the Court sustained CUSDs demurrer to the Complaint. On September 6, 2022, Doe filed a First Amended Complaint (FAC) against the same defendants alleging the same causes of action. On February 9, 2023, the Court sustained CUSDs demurrer to the FAC. On March 1, 2023, Doe filed a Second Amended Complaint (SAC) against the same defendants alleging the same causes of action. On July 24, 2023, the Court sustained and overruled CUSDs demurrer to the SAC in part without leave to amend. On February 9, 2024, CUSD filed the present motion. After obtaining ex parte relief to file one of the motions exhibits under seal, CUSD refiled the motion on April 25, 2024. On June 11, 2024, CUSD filed a motion for summary judgment. On June 20, 2024, Non-Party Meta Platforms, Inc. (Meta) filed the present motion to seal. A hearing on the present motions is set for July 16, 2024, along with a post-mediation status conference/trial setting conference. CUSDs motion for summary judgment is set for August 27, 2024. ANALYSIS CUSD moves to compel non-party Metas compliance with a deposition subpoena for data from Does Instagram account. For the following reasons, the court GRANTS Does motion. Legal Standard A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records. (Code Civ. Proc., § 2020.010.) A deposition subpoena may command: (1) only the attendance and testimony of the deponent, (2) only the production of business records for copying, or (3) the attendance and testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things. (Code Civ. Proc., § 2020.020.) Service of a deposition subpoena shall be done with sufficient time in advance of the deposition to provide the deponent a reasonable opportunity to locate and produce any designated documents and, where personal attendance is commanded, a reasonable time to travel to the place of deposition. (Code Civ. Proc., § 2020.220, subd. (a).) Personal service of any deposition subpoena is effective to require a deponent who is a resident of California to: personally appear and testify, if the subpoena so specifies; to produce any specified documents; and to appear at a court session if the subpoena so specifies. (Code Civ. Proc., § 2020.220, subd. (c).) If a deponent fails to appear or produce requested documents for a deposition, the deposing party may file a noticed motion to compel deponents compliance. (Code Civ. Proc., § 1987.1, subd. (a).) A deponent who disobeys a deposition subpoena may also be punished for contempt without the necessity of a prior court order court directing compliance. (Code Civ. Proc., § 2020.240.) A noncompliant deponent may also be ordered to pay $500 to the deposing party in addition to any damages the deposing party incurred as a result of the deponents failure to attend the deposition. (Code Civ. Proc., § 2020.240, citing Code Civ. Proc., § 1992.) Discussion On December 7, 2023, CUSD served a deposition subpoena on Meta requesting the following data from Does Instagram account over a period from April 21, 2013 to 2020: (1) all communications with or relating to Wilborn, (2) all communications referencing Wilborn, (3) all photos posted by Doe, (4) all comments made by Doe, (5) all references by Doe to psychological or emotional distress and treatment, and (6) all posts by Doe referring to potential stressors related to emotional distress. (Kostrenich Decl., ¶ 3, Ex. A.) On December 12, 2023, Meta objected to the subpoena on the grounds that the Stored Communications Act requires subpoenas to be directed at the account user as opposed to the account service provider. (Kostrenich Decl., ¶ 4, Ex. B.) CUSD then proceeded with the present motion. In response, Doe filed a notice of non-opposition stating Doe has no opposition to the Court compelling Meta to comply with CUSDs deposition subpoena. Meta has also filed a notice of non-opposition, stating Meta does not oppose the subpoena if the Court finds Doe lawfully consented to disclosure. But Meta notes CUSD and Doe dispute the mode of production. While CUSD demands the records be produced concurrently to both parties counsel, Doe demands the records be first produced to Does counsel who will then forward any responsive records to CUSD. (Glickman Decl., ¶ 4-5.) But Doe has not made this request in Does notice of non-opposition. Because the Court finds Doe has lawfully consented to the disclosure of Does account data, CUSD is entitled to Metas compliance with the deposition subpoena. Accordingly, the Court GRANTS CUSDs motion. In a separate unopposed motion, Meta requests the Court seal the supporting exhibits for its response to CUSDs motion. To seal records, the Court must expressly find (1) [t]here exists an overriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [n]o less restrictive means exist to achieve the overriding interest. (Cal. Rules of Court, Rule 2.550, subd. (d).) Here, because the supporting exhibits contain identifying and personal information for a minor victim of sexual assault, the court finds Does privacy interests outweigh the right of public access and support sealing the record. The court also finds there is a substantial probability that Does privacy interests would be prejudiced if Does personal information is published. Last, the court finds the request is reasonably tailored to the exhibits that contain Does personal information and no less restrictive means exists to protect Does privacy interests. Accordingly, the court GRANTS Metas motion to seal. CONCLUSION Based on the foregoing, CUSDs motion to compel is GRANTED and Meta is ordered to provide all records requested to CUSD within twenty (20) days of the issuance of this order. Furthermore, Metas motion to seal is GRANTED.
Ruling
FCS057573 - PEREZ, HEIDI JUDITH VS BOOKER, WESLEY (DMS)
Jul 18, 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
DIEUDONNE NGNIE VS LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, A PUBLIC ENTITY, ET AL.
Jul 15, 2024 |20STCV13665
Case Number: 20STCV13665 Hearing Date: July 15, 2024 Dept: 32 PLEASE NOTE: Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached. If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that partys intention to submit. The email shall include the case number, date and time of the hearing, counsels contact information (if applicable), and the identity of the party submitting on this tentative ruling. If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court. If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely. Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. TENTATIVE RULING DEPT: 32 HEARING DATE: July 15, 2024 CASE NUMBER: 20STCV13665 MOTIONS: Motion to Compel Plaintiffs Medical Examination MOVING PARTY: Defendant Los Angeles County Metropolitan Transportation Authority OPPOSING PARTY: Plaintiff Dieudonne Ngnie BACKGROUND On April 8, 2020, Plaintiff Dieudonne Ngnie (Plaintiff) filed a complaint against Defendant Los Angeles County Metropolitan Transportation Authority (Defendant) for damages resulting from an alleged motor vehicle accident. Defendant now moves to compel Plaintiffs appearance at a physical examination. Defendant also seeks monetary sanctions. Alternatively, Defendant seeks issue and evidentiary sanctions. Plaintiff opposes. No reply has been filed. LEGAL STANDARD In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a location within 75 miles of the residence of the examinee. (Code Civ. Proc., § 2032.220, subd. (a).)¿¿ Code of Civil Procedure section 2032.250 provides that, when a plaintiff fails to respond to a demand, or refuses to submit to the physical examination, the defendant may move for an order compelling a response to the demand and compelling compliance with the request for an exam. The motion must be accompanied by a meet and confer declaration. The court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand for a physical examination, 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. § 2032.250 (b).) MEET AND CONFER The Declaration of Nyasha A. Buchongo, Defendants counsel, states the following: On March 29, 2024, Defense Counsel sent a letter to Plaintiff Counsel to meet and confer regarding Plaintiffs availability for the independent medical examination; to which, Defense Counsel received no response. (Buchongo Decl. ¶ 11.) DISCUSSION Plaintiff alleges physical injuries due to the motor vehicle accident, including neck and back injuries and difficulty standing and sitting for extended periods of time. (Buchongo Decl. ¶¶ 34.) Defendant first served notice of the medical examination on December 13, 2023, set for January 23, 2024, with Dr. Russell W. Nelson, a board-certified orthopedic surgeon. On January 16, 2024, Plaintiffs counsel informed Defendant that Plaintiff could not attend. (Buchongo Decl. ¶ 7.) Plaintiff did not appear. As a result, Defendant seeks to compel Plaintiffs examination on July 25, 2024 at 1:30 p.m. at Dr. Nelsons office. Plaintiff has not undergone any previous independent medical examination. In opposition, Plaintiff asserts that he will appear at the examination on July 25, 2024. Plaintiff did not appear because he was out of the country until late March 2024. Plaintiffs counsel states that he then lost contact with Plaintiff. (Ghobrial Decl. ¶ 5.) On July 1, 2024, counsel re-established contact and learned that Plaintiff currently resides in Togo, due to personal family reasons, but intends to appear at the examination on July 25, 2024. (Id. ¶ 7.) Defendant has not filed a reply. Therefore, based on the information above, because Plaintiff failed to appear at the first noticed examination, the motion to compel is granted. Because the motion is granted, the Court will not address the request for issue and evidentiary sanctions. Defendants seek $3,000 in monetary sanctions, representing an hourly rate of $250, and the $750 late cancellation fee. Because Plaintiff failed to inform Defendant within ten days that he could not attend the examination to avoid a late cancellation fee, and it appears Plaintiff did not respond to Defendants efforts to meet and confer in late-March, the Court finds sanctions are warranted, but the amount requested is excessive. Therefore, the Court awards $1,125 in monetary sanctions (1.5 hours of attorney time plus the late cancellation fee). CONCLUSION AND ORDER Accordingly, Defendants motion to compel Plaintiffs medical examination is GRANTED. Plaintiff Dieudonne Ngnie shall appear on July 25, 2024 at Dr. Russell W. Nelsons office for a medical examination. The Court further grants Defendants request for monetary sanctions in the reduced amount of $1.125 against Plaintiff and his counsel of record, jointly and severally. Said monetary sanction shall be paid to counsel for Defendant within 30 days. Defendant shall provide notice of the Courts order and file a proof of service of such.
Ruling
RIEYAHNE BLAYLOCK VS. CITY AND COUNTY OF SAN FRANCISCO ET AL
Jul 15, 2024 |CGC23605751
Matter on the Law & Motion Calendar for Monday, July 15, 2024, Line 6. PLAINTIFF RIEYAHNE BLAYLOCK BY AND THROUGH GARDIAN AD LITEM HALIMA QUINN's Motion To Quash Subpoenas From Defendantt Ccsf And Request For Sanctions. The judge pro tem's report and recommendation is adopted. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and attaches a copy of the report and recommendation and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
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