JAMES J. YUKEVICH (SBN 159896)
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CIMMARUSTI
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PATRICK (SBN 224832)
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RVANAUGH
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1 solely for the purpose of this removal and for no other purpose, and preserving all
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WHEREFORE, Defendant NECC respectfully requests that t...
EXHIBIT A
Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 6 of 106 Page ID #:8
ORIGINA’ SU
FOR COURT USE ONLYSUMMON
(CITACION JUDICIAL)
(SOLO PAFA USODELA CORTE)
NOTICE TO DEFENDANT:
(AVISO AL DEMANOAD...
EXHIBIT A - PAGE 000007
Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 8 of 106 Page ID #:10
11ORIGINAL PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Ear number, andaddress): FOR COURT USE ONLY
Corinne ...
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Dawn Younani v. New England Compounding Pharmacy, Inc.
4. = Plaintiff (name):
is doin...
C] .- PLD-Pl-001
SHORT TITLE: CASE NUMBER:
Dawn Younani v. New England Compounding Pharmacy, Inc.
10. The following causes...
PLD-PI-00112)
SHORT TITLE: CASE NUMBER:
Dawn Younani v. New England Compounding Pharmacy, Inc.
First CAUSE OF ACTIONGenera...
1 PLD-PI-O01(5)
SHORT TITLE: CASE NUMBER:
Dawn Younani v. New England Compounding Pharmacy, Inc.
Second CAUSE OF ACTIONPro...
SHORT TITLE: Dawn Younani v. New England Compounding Pharmacy,
CASE NUMBER.
1--Inc.
THIRD CAUSE OF ACTION
1
NEGLIGENCE PER...
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, War numbealrd address):
E Corinne Elfassi, SBN 261243
Simon Resnik Hayes LLP
152...
’ lNSTRrFONS ON HOW TO COMPLETE THE CERSHEET
- CM 010
To Plaintiffs and Others Filing First Papers. If you are filing a fi...
00GINALSHORT TITLE: CASE NUMBER
5
CIVIL CASE COVER SHEET ADDENDUM AND
STATEMENT OF LOCATION
(CERTIFICATE OF GROUNDS FOR AS...
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SHORT TITLE: CASE NUMBER
A B...
I SHORT TITLE: CASE NUMBER
A B C
Civil Case Cover Sheet ’ . Type of Action Applicable Reasons -
Category No. (Check only o...
1 SHORT TITLE: CASE NUMBER
Item Ill. Statement of Location: Enter the address of the accident, party’s residence or place ...
EXHIBIT A - PAGE 000020
Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 21 of 106 Page ID #:23
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Store Nor number. and address): FOR KURT USE ONLY
Matthew Resnik 182562
Simon Re...
PLAINTIFF/PETITIONER: YOUNANI
CASE NUMBER: I
BC505176 I
DEFENDANT/RESPONDENT: NEW ENGLAND COMPOUNDING PHARMACY, INC. I
c. ...
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): FOR COURT USE ONLY
Matthew Resnik 182562
Simon R...
EXHIBIT A - PAGE 000024
Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 25 of 106 Page ID #:27
ft ORIGINAL -ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bat number, and address): FOR COURT USE ONLY
Simon Resnik Hay...
PLAINTIFF/PETITIONER: DAWN YOUNANI ICASE NUMBER: I
BC505176 I
IDEFENDANT/RESPONDENT: NEW ENGLAND COMPOUNDING PHARMACY INC
...
EXHIBIT A - PAGE 000027
Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 28 of 106 Page ID #:30
PRINDLE, AMARO, GOETZ,
HILLYARD, BARNES & REINHOLTZ LLP
Jack R. Reinholtz, Esq. (Bar No. 149884)
Cynthia A. Palm, Esq. (Ba...
I AS FOR A FIRST SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE
2 Defendant alleges plaintiff is barred from any recovery on t...
AS FOR A FIFTH SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE
2 Defendant alleges any injury suffered by plaintiff was caused ...
medical care upon the request of another physician, under conditions arising from the prior care of
said precedent physici...
S
I AS FOR A FIFTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE
2 Defendant alleges that if there is a judgment in favo...
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AS FOR A TWENTY SECONDST,...
S
1 PROOF OF SERVICE
Younani v. New England Compounding Pharmacy, Inc.
2 Case No. BC5051 76
3 STATE OF CALIFORNIA, COUNTY ...
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Younani v. New England Compounding Pharmacy, Inc.
...
EXHIBIT A - PAGE 000037
Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 38 of 106 Page ID #:40
SUM MS SUM-
Cross-Complaint (SOLO
FOXIL1j
(C!TA CION JUDICIAL-CONTRA DEMANDA) I10S
ANGELES SUPERIOR COURT
NOTICE TO CROSS-...
EXHIBIT A - PAGE 000039
Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 40 of 106 Page ID #:42
PRINDLE, AMARO, GOETZ,
HILLYARD, BARNES & REINHOLTZ LLP
Jack R. Reinholtz, Esq. (Bar No. 149884)
Cynthia A. Palm, Esq. (Ba...
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1 COMES NOW, defendant and cross-complainant, E...
1 SECOND CAUSE OF ACTION
2 (Implied Indemnity)
3 6. Cross-complainant incorporates by reference paragraphs 1 through 5 of ...
1 cross-complainant arises out of the same transaction, and determination of both in one proceeding is
2 necessary and app...
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PROOF OF SERVICE
Younani v. New England Compounding Pharmacy, Inc.
Case No. BC5051 76
STATE OF CALIFORNIA, COUN...
1
Younani v. New England Compounding Pharmacy, Inc.
Case No. BC5051 76
2
3
SERVICE LIST
4
Corinne Elfassi, Esq. Attorneys ...
EXHIBIT A - PAGE 000047
Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 48 of 106 Page ID #:50
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  1. 1. JAMES J. YUKEVICH (SBN 159896) JvukevichP CIMMARUSTI yukelaw. corn PATRICK (SBN 224832) pcirnrnarusti RVANAUGH ukelaw. corn YUKEVICH I 355 S. Grand Avenue, 15th Floor, Los Angeles, California 90071-1560 Telephone:(213) 362-7777 Facsimile: (213) 362-7788 Attorneys for Defendant NEW ENGLAND COMPOUNDING PHARMACY, INC. d/b/a NEW ENGLAND COMPOUNDING CENTER UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 12 13 DAWN YOUNANI, Plaintiff, y4. 5446PiPo(NOTICE OF REMOVAL OF ACTION vs. JURY TRIAL DEMANDED NEW ENGLAND COMPOUNDING PHARMACY, INC. d/b/a NEW ENGLAND COMPOUNDING CENTER, THE ENCINO OUTPATIENT SURGERY CENTER, INC., and DOES 1-100, Defendants. NOTICE OF REMOVAL TO THE HONORABLE JUDGES AND CLERK OF THE UNITED II STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF 1 CALIFORNIA. PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. §§ 157,1334(b), 1441 (a) and 1452(a), Defendant New England Compounding Pharmacy, Inc. d/b/a New England Compounding Center ("NECC") hereby removes the above-entitled action to this Court based upon the following supporting grounds. NECC, appearing 1166402.1 /00-029 1 3 4 5 6 7 8 9 10 11 JUL 29 2013 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Trial Date: None Set NOTICE OF REMOVAL OF ACTION Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 1 of 106 Page ID #:3
  2. 2. 1 solely for the purpose of this removal and for no other purpose, and preserving all 2 I other defenses available to it, states as follows: 3 1. On or about April 8, 2013, an action purportedly was commenced in 4 I the Los Angeles County Superior Court, California, captioned Dawn Younani v. 5 New England Compounding Pharmacy, Inc. d/b/a New England Compounding I Center, The Encino Outpatient Surgery Center, Inc., and Does 1-100, Case No. 7 BC505 176 (the "State Court Action"). 8 9 10 1100 N N 0 12 in ONN NN 13 > L) Z 4 I 0 M M D 14 15 U - 0 0 16LLJj0W in Ln z 17> MO 18 I June 17, 2013. Acting national coordinating counsel for NECC received a copy of the Complaint and certain additional case documents on July 15, 2013 (attached as Exhibit A). 1. Prior to the filing of Plaintiff’s Complaint, however, on December 21, 12012, NECC had filed a voluntary petition seeking relief under Chapter 11 of Title 11 of the United States Bankruptcy Court for the District of Massachusetts (the 2. Service of the Summons and Complaint was never effectuated upon an appropriate agent for NECC, but was mistakenly forwarded to Lieff Cabraser Heimann & Bernstein, LLP in Nashville, Tennessee. On June 11, 2013, Plaintiff filed a Request for Entry of a Default against NECC, which was also sent to Lieff Cabraser in Nashville. The Court Clerk rejected the Request for Entry of Default on 19 "Bankruptcy Proceeding") and automatically staying all actions against NECC. 20 4. On February 12, 2013, the Judicial Panel on Multidistrict Litigation 21 ("Panel") issued an order establishing MDL No. 2419 In re New England 22 Compounding Pharmacy, Inc. Products Liability Litigation in the United States 23 District Court for the District of Massachusetts before the Honorable F. Dennis 24 Saylor IV (the "MDL Transfer Order") (attached as Exhibit B). 25 5. Section 1334 of Title 28 of the United States Code provides that district 26 courts have jurisdiction over "all civil proceedings arising under Title 11, or arising 27 in or related to cases under title 11." 28 U.S.C. § 1334(b) (emphasis added). 28 I/I 1166402.1 /00-029 2 NOTICE OF REMOVAL OF ACTION Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 2 of 106 Page ID #:4
  3. 3. 10 11 oo Ln LL 124 ONN Ln NC’ 13 (.3 zW 14 - 4 I CJ W W 15z z -I (.3 - (!C > 16U ui IChi 4 zFI. 17 18 19 20 21 22 23 24 25 26 27 28 I 6. Pursuant to 28 U.S.C. § 1452, "[a] party may remove any claim or I cause of action in a civil action. . . to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause I of action under section 1334 of this title." 28 U.S.C. § 1452(a). 7. Similarly, Section 157 of Title 28 of the United States code provides "[t]he district court shall order that personal injury tort and wrongful death claims shall be tried in the district court in which the bankruptcy case is pending, or in the district court in the district in which the claim arose, as determined by the district court in which the bankruptcy case is pending." 28 U.S.C. § 157(b)(5) (emphasis added). 8. Plaintiff alleges personal injuries incurred as a result of exposure to epidural spinal steroid injections manufactured, sold and distributed by NECC. (Compi. ¶ 11, p. 3; Compi., Cause of Action General Negligence, p. 4; Compi., Cause of Action - Products Liability, p. 5; and Compi., Third Cause of Action Negligence Per Se Strict Liability, p. 6). 9. Accordingly, this Court has "related to" jurisdiction over this claim U.S.C. § 157(b)(5). 11. Additionally, this action involves common questions of fact with other civil actions currently pending in, or being transferred to, MDL No. 2419, and must also be transferred to the United States District Court for the District of Massachusetts for coordinated pretrial proceedings pursuant to the MDL Transfer Order and 28 U.S.C. § 1407. 12. Upon removal of this case to this Court, NECC will file a Notice of Tag Along with the Panel initiating the process for transfer to MDL No. 2419 pending in the United States District Court for the District of Massachusetts. This is also the district in which the Bankruptcy Proceeding is pending. I against NECC pursuant to 28 U.S.C. § 1334(b). 10. Furthermore, this Court has jurisdiction over this claim pursuant to 28 1166402.1 /00-029 NOTICE OF REMOVAL OF ACTION Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 3 of 106 Page ID #:5
  4. 4. 1 2 3 4 5 6 7 8 10 I 11L9 Ln J 9 4 N N NW W 12 4 13> _Ww C.) 14 - 4 15 L) 4uiO - 16w’I14 in in 17> 18 19 20 21 22 23 24 25 26 27 28 13. Finally, NECC notes that on March 10, 2013, Paul D. Moore, the Chapter 11 Trustee, moved for an order of the District Court for the District of I Massachusetts to transfer to itself all related personal injury and wrongful death actions pursuant to 28 U.S.C. § 157. 14. On May 31, 2013, Judge Saylor partially granted the motion, transferring all pending and future cases, filed in state or federal court, against NECC or an affiliate, to the District of Massachusetts (attached as Exhibit C). 15. Even if Plaintiff had attempted to serve an appropriate agent for NECC, service of process could not be completed as a result of the bankruptcy stay, and therefore NECC believes that this Notice has been filed within the time period set forth in Federal Rules of Bankruptcy Procedure ("Bankruptcy Rules") 9027(a)(3). The State Court Action was purportedly commenced after the Bankruptcy Proceeding, and no order for relief has been entered in the Bankruptcy Proceeding, nor has any order been entered terminating the automatic stay imposed under 11 U.S.C. § 362(a). In filing this Notice, NECC does not waive any rights available to it under the applicable Bankruptcy Rules, nor does it waive any rights available under the automatic stay. 16. In accordance with 28 U.S.C. § 1446(d), written notice of the filing of this removal notice will be given to Plaintiff and filed with the Clerk of Courts for the Los Angeles County Superior Court, California, promptly following the filing of this Notice. 17. NECC reserves all rights including, but not limited to, any and all defenses available to it for violations of the automatic stay pursuant to 11 U.S.C. § 362(a). I/I I/I I/I I/I 1166402.1 /00-029 4 NOTICE OF REMOVAL OF ACTION Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 4 of 106 Page ID #:6
  5. 5. 1 2 3 4 5 6 7 8 10 11 rn 13 14 Li -J I LL z ul< >- I c:i > bi vi se WHEREFORE, Defendant NECC respectfully requests that the action now pending against it in the Los Angeles County Superior Court be removed to the United States District Court for the Central District of California. Defendant NECC hereby demands a trial by jury. DATED: July 25, 2013 rauiei.c J. LdII11IlafUSLl Attorneys for Defendant NEW ENGLAND COMPOUNDING PHARMACY, INC. d/b/a NEW ENGLAND COMPOUNDING CENTER 19 20 21 22 23 24 25 26 27 28 1166402.1 /00-029 5 NOTICE OF REMOVAL OF ACTION Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 5 of 106 Page ID #:7
  6. 6. EXHIBIT A Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 6 of 106 Page ID #:8
  7. 7. ORIGINA’ SU FOR COURT USE ONLYSUMMON (CITACION JUDICIAL) (SOLO PAFA USODELA CORTE) NOTICE TO DEFENDANT: (AVISO AL DEMANOADO): FILEDNew England Compounding Pharmacy, Inc. dba New England Compounding Center, LOS ANGELES SUPERIOR COURT The Encino Outpatient Surgery Center, Inc., and Does 1-100, Inclusive. APR 08 ZUli YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): JOIij, ULJI-1rZ LILrtI Dawn Younani BY NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (twiw.lawhelpcalifornia.org ), the California Courts Online Self-Help Center (ww,.courtirifo.ca.gov/seIfhe1p), or by contacting your local court or county bar association, NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court’s lien must be paid before the court will dismiss the case. IA V/SO! Lo han demandado. Si no respondo dentro de 30 dIas, la cone puedo decidir en su contra sin oscuchar su versiOn. Lea la informaciOn a continuaciOn. Tiene 30 OIAS DE CALENDA RIO despuOs do qua le entreguen esfa citaciOn y pa poles 10 gales pare presenter una respuesta por escrito en esta carte y hacer quo so entregue una cop/a a! dornandante. Una carte 0 una liamada fete fOnica no /0 profegon. Su respuesta por escnito f/one quo ester an forrnato legal correcto si desea quo procesen su caso en la corte. Es posib/e quo haya un formulario quo usted pueda user pare su respuesta. Puode encontrar estos formularios do la code y rnÆs inforrnaciOn an el Centro do Ayuda do las Cartes de California Www.sucorte.ca.gov), an la biblioteca do byes do su condado o an to code quo be quede rnÆs corca. Si no puede pager la cuota de presentaciOn, pida al secretario do la carte que !e dO un formularfo de exencibn de pago do cuotas, Si no prosenta su respuesta a f/em p0, puede perder el caso por incumplimienfo y la code be podrØ quitar su sue/do, dinoro y b/ones sin rnÆs advertencia. Hay otros requisitos loge/es. Es recornendable quo flame , a un abogado inmediatamente. Si no conoco a un abogado, puode liamar a un servicio do remisiOn a abogados. Si no puede pager a un abogado, es po.siblo quo cum p/a con /os requisitos pare obtoner servicios legales gratuit Os do un prograrna do ser’icios loge/es sin fines de lucro. Puedo enconfrar ostos grupos sin fines de lucro en el s/I/o web do California. Legal Services, (www.lawhelpcalifornia.org ), en el Centro do Ayuda do las Codes do California, (www.sucorte.ca.gov ) o ponidndose en contacto con (a carte o el coleglo do abogados locales. A V/SO: Par by, la code tiene derecho a rec/amar las cuotas y los cost os exontos por imponor un gravamen sabre cualquier recuperaciOn do $10,000 0 mds do valor recibida med/ante un acuerdo o una cancesiOn do arbitraje en un caso de derocho civil. Tiene quo pager el gravamen do to code antes do quo Is code pueda dosechar ol caso. The name and address of the court is: ICASE NUMBER: (El nombro y direccin de la code es): (NÆmem del Caso). stanley Mosk Courthouse, Central District IIllNorth Hill Street B C 50 5 1 76Los Angeles, CA 90012 The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: (El nombre a direcciOn y ci nQmero do telØfono del abogado del demandante, o del dernandante quo no f/one abogado, es).’ Corinne Elfassi, SBN 261243 (818)783-6251 Simon Resnik Haves LLP 15233 Ventura Blvd., Suite 250, Sherman Oaks, CA 91403 DATE: Clerk, by , Deputy (Fecha) APR 0 8 2013 John A Clarke (Secretanio) A (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Pare pnieba do enfrega do esta citatiOn use el formu!ario Proof of Service of Summons, (POS-010)), _..--’- .Lo. ,r 1’’ Form Adopted for Mandatory Use Judicial Council of California SUM-100 (Rev. July 1, 2009) NOTICEi’ TO THE I-’tIUN tvtu: You are served 1. as an individual defendant. 2. as the person sued under the fictitious name of (specify): 3, = on behalf of (specify): under: LJ CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416.90 (authorized person) other (specify),’ 4. = by personal delivery on (date): Page 1 of 1 SUMMONS Code of Civil Procedure §§ 412.20, 455 www.courtinfo.ca.gov [American LegalNet. Inc. EXHIBIT A - PAGE 000006 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 7 of 106 Page ID #:9
  8. 8. EXHIBIT A - PAGE 000007 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 8 of 106 Page ID #:10
  9. 9. 11ORIGINAL PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Ear number, andaddress): FOR COURT USE ONLY Corinne Elfassi, SBN 261243 Simon Resnik Hayes LLP 15233 Ventura Blvd., Suite 250 Sherman Oaks, CA 91403 TELEPHONE NO: (818)783-6251 FAX NO. (Optional): (818)783-6253 E-MAIL ADDRESS (Optional): corinne@srhlawfirm.com ATTORNEY FOR (Name): Plaintiff, Dawn Younani LOS ANGELES SUPERIOR COURT SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles STREETADORESS: 111 North Hill Street APR .08 2U13 MAILING ADDRESS: 111 North Hill Street CITY AND ZIP CODE: Los Angeles, 90012 LLMt11t, LLEHK BRANCH NAME: Stanley Mosk Courthouse OM PLAINTIFF: Dawn Younani New England Compounding Pharmacy, Inc. dba New England Compounding Center, DEFENDANT: The Encino Outpatient Surgery Center, Inc., LXJ DOES 1TO 100 COMPLAINTPersonal Injury, Property Damage, Wrongful Death AMENDED (Number): Type (check all that apply): MOTOR VEHICLE EXI OTHER (specify): Products Liability Property Damage Wrongful Death L1 Personal Injury LX1J Other Damages (specify): personal Injury Jurisdiction (check all that apply): CASE NUMBER: LJ ACTION IS A LIMITED CIVIL CASE Amount demanded EJ does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 B C 0 5 76ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) iJ ACTION IS RECLASSIFIED by this amended complaint from limited to unlimited from unlimited to limited Plaintiff (name or names):Davm Younani alleges causes of action against defendant (name or names): New England Compounding Pharmacy, Inc. dba New England Compounding Center,, The Encino Outpatient Surgery Center, Inc., and Does 1-100, Inclusive. This pleading, including attachments and exhibits, consists of the following number of pages: Each plaintiff named above is a competent adult - a. except plaintiff (name): (1) a corporation qualified to do business in California FSC9122114 (2) an unincorporated entity (describe): T1?J.AL-1018114 (3) a public entity (describe): OSC- 418116 (4) a minor = an adult (a) for whom a guardian or conservator of the estate or a guardian ad litern has been appojite1 (b) other (specify): 1’ (5) EJ other (specify): rnmm - except plaintiff (name): :! i I . i(1) a corporation qualified to do business n California rl I ,:f Tn ’ – - - (2) an unincorporated entity (describe): fi’ (3) a public entity (describe): (4) a minor = an adult (a) IIJ for whom a guardian or conservator of the estate or a guardian ad litem has been appointi ii (b)11J other (specify): (5) other (specify): EJ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. "i Page lof3 D 0Fprm Approved for Optional Use COMPLAINTPersonal Injury, Property , Ci ode oIvI Procedure, § 425.12 ’Judicial Council of California www.courfinfo.ca.gov PLD-Pi-001 (Rev. January 1, 20071 Damage, Wrongful Death American LegalNel, Inc. I www.ForrnsWo,liflow.corn I EXHIBIT A - PAGE 000008 r c I M M. -i-I ’:’as’ m M CAC’ Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 9 of 106 Page ID #:11
  10. 10. PLD-PI-001 SHORT TITLE: CASE NUMBER: Dawn Younani v. New England Compounding Pharmacy, Inc. 4. = Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. E1 except defendant (name): New England Compounding c. = except defendant (name): (1) a business organization, form unknown Pharmacy. Inc (1) a business organization, form unknown (2) a corporation (2) a corporation (3) an unincorporated entity (describe): (3) LI an unincorporated entity (describe): (4) = a public entity (describe): (4) = a public entity (describe): (5) LXJ other (specify): (5) = other (specify): dba New England Compouding Center b. FXJ except defendant (name): The Encino Outpatient Surgery d. = except defendant (name): (1)LIII a business organization, form unknow enter, Inc. (1) a business organization, form unknown (2)EZJ a corporation (2) EIII a corporation (3) j an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) EII a public entity (describe): (4) a public entity (describe): (5) = other (specify): (5) = other (specify): Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. fjJ Doe defendants (specify Doe numbers): 1-50 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. EK Doe defendants (specify Doe numbers): 5 1 -100 are persons whose capacities are unknown to plaintiff. 7. = Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. at least one defendant now resides in its jurisdictional area. b. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. injury to person or damage to personal property occurred in its jurisdictional area. d. other (specify): Pursuant to Los Angeles Superior Court Rules, all personal injury matters wherein bodily injury occurs within the County of Los Angeles must be filed at Stanley Mosk, Central District. J Plaintiff is required to comply with a claims statute, and C: a. has complied with applicable claims statutes, or b. is excused from complying because (specify): PLO4I001 (Rev. January 1, 2007) COMPLAINTPersonal Injury, Property Page 2 of 3 Damage, Wrongful Death EXHIBIT A - PAGE 000009 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 10 of 106 Page ID #:12
  11. 11. C] .- PLD-Pl-001 SHORT TITLE: CASE NUMBER: Dawn Younani v. New England Compounding Pharmacy, Inc. 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): a. Motor Vehicle b. General Negligence c. Intentional Tort d. Products Liability e. Premises Liability f. LXI Other (specify): Negligence Per Se 11. Plaintiff has suffered a. E] wage loss b. [IT] loss of use of property c. J hospital and medical expenses d. J general damage e. property damage f. LTI loss of earning capacity g. other damage (specify): Plaintiff has sustained personal injuries as a direct and proximate result of the negligence and carelessness of defendants, and each of them, all of which injuries have caused and continue to cause Plaintiff great mental, physical and nervous pain and suffering. Plaintiff is informed and believes and thereon alleges that her injuries will result in some permanent disability to her, all to her general damages. 12. ElI The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. listed in Attachment 12. b. as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) compensatory damages (2) [IT] punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) according to proof (2) = in the amount of: $ The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: April 4,2013 . Corinne Elfassi, SBN 261243 (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLO-Pi-001 ]Rev. January 1, 2007] COMPLAINTPersonal Injury, Property Page 3 of 3 Damage, Wrongful Death EXHIBIT A- PAGE 000010 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 11 of 106 Page ID #:13
  12. 12. PLD-PI-00112) SHORT TITLE: CASE NUMBER: Dawn Younani v. New England Compounding Pharmacy, Inc. First CAUSE OF ACTIONGeneral Negligence Page 4 (number) ATTACHMENT TO EX1I Complaint = Cross - complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Dawn Younani alleges that defendant (name): New England Compounding Pharmacy, Inc. dba New England Compounding Center, The Encino Outpatient Surgery Center, Inc. LZIJ Does 1 to was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): October 3, 2012 at (place): The Encino Outpatient Surgery Center, Inc., 16311 Ventura Blvd., Suite 580, Encino, CA 91436 (description of reasons for liability): Plaintiff was administered three epidural spinal steroid injections on August 14, 2012, August 28, 2012, and September 11, 2012, at The Encino Outpatient Surgery Center, Inc., located at 16311 Ventura Blvd., Suite 580, Enema, CA 91436. All three epidural spinal steroid injections were manufactured, sold and distributed by the New England Compounding Pharmacy, Inc. dba The Encino Outpatient Surgery Center, Inc. Each of the Defendants knew that the products would be purchased and would be used without inspection for defects. The product was defective when it left the control of each Defendant. The product at the time of injury was being used in the manner intended by the Defendants, and used in the manner that was reasonably foreseeable by Defendants as involving a substantial danger not readily apparent. Adequate warnings of the danger were not given. Plaintiff was a medical recipient, user and purchaser of the products. Defendants, and each of them, owed Plaintfif a duty of reasonable care to manufacture, distribute, sell, and administer safe epidural spinal steroid injections for her pain management. Defendants breached their duty of care when the three injections were found to be tainted with fungal meningitis on October 3, 2012. Plaintiff fell ill as a result of the tainted steroid injections in October 2012. Plaintiff sustained personal injuries as a direct and proximate result of the negligence and carelessness of Defendants, and each of them, all of which injuries have caused and continue to cause Plaintiff great mental, physical, and nervous pain and suffering. Plaintiff is informed and believes and thereon alleges that her injuries will result in some permanent disability to her, all to S.,-. her general damages. Page 1 of I F& Approved for Optional Use Judicial Council of California CAUSE OF ACTIONGeneral Negligence Code of Civil Procedure 425.12 .couthn.cag PL,P.I01 (2) [Rev. January 1, 2007) EXHIBITA - PAGE 000011 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 12 of 106 Page ID #:14
  13. 13. 1 PLD-PI-O01(5) SHORT TITLE: CASE NUMBER: Dawn Younani v. New England Compounding Pharmacy, Inc. Second CAUSE OF ACTIONProducts Liability Page 5 (number) ATTACHMENT TO EX1 Complaint = cross - complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Dawn Youriani Prod. L-1. On or about (date): October 3, 2012 plaintiff was injured by the following product: Three epidural spinal steroid injections administered each on August 14, 2012, August 28, 2012, and September 11, 2012 Prod. L-2. Each of the defendants knew the product would be purchased and used without inspection for defects. The product was defective when it left the control of each defendant. The product at the time of injury was being used in the manner intended by the defendants, used in the manner that was reasonably foreseeable by defendants as involving a substantial danger not readily apparent. Adequate, warnings of the danger were not given. Prod. L-3. Plaintiff was a LXI purchaser of the product. user of the product. bystander to the use of the product. EXJ other (specify): medical recipient of the product PLAINTIFFS INJURY WAS THE LEGAL (PROXIMATE) RESULT OF THE FOLLOWING: Prod. L- 4. = Count OneStrict liability of the following defendants who a. iJ manufactured or assembled the product (names): New England Compounding Pharmacy, Inc. dba New England Compounding Center LXJ Does 1 to 100 b. = designed and manufactured component parts supplied to the manufacturer (names): New England Compounding Pharmacy, Inc. dba New England Compounding Center Does 1 to 100 C. LZJ sold the product to the public (names): New England Compounding Pharmacy, Inc. dba New England Compounding Center, The Encino Outpatient Surgery Does 1 Center, Inc. to 100 Prod. L-5. LJ Count TwoNegligence of the following defendants who owed a duty to plaintiff (names): New England Compounding Pharmacy, Inc. dba New England Compounding Center, The Encino Outpatient Surgery Center, Inc. EXJ Does 1 to 100 Prod. L-6. EZJ Count ThreeBreach of warranty by the following defendants (names): New England Compounding Pharmacy, Inc. dba New England Compounding Center, The Encino Outpatient Surgery Center, Inc. LZJ Does I to 100 a. LXJ who breached an implied warranty b. who breached an ex ress warranty which was r: written oral Prod. L-7.. The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are listed in Attachment-Prod. L-7 = as follows: Page 1 of 1 Form Approved for Optional Use CAUSE OF ACTIONProducts Liability code of Civil Procedure, § 425.12 cJudicial Council of California www.courfinfo.ca.gov PLOPl-O01(5) [Rev. January 1, 20071 EXHIBIT A - PAGE 000012 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 13 of 106 Page ID #:15
  14. 14. SHORT TITLE: Dawn Younani v. New England Compounding Pharmacy, CASE NUMBER. 1--Inc. THIRD CAUSE OF ACTION 1 NEGLIGENCE PER SE STRICT LIABILITY 3 Plaintiff, Dawn Younani, alleges that Defendants, New England Compounding Pharmacy, Inc. dba New England Compounding Center, The Encino Outpatient Surgery Center, Inc., and Does 1-100, Inclusive, were the legal and proximate cause of her bodily injuries and damages. 6 On August 14, 2012, August 28, 2012, and September 11, 2012, Plaintiff was administered three epidural spinal steroid injections to her lumbar spine at and by The Encino Outpatient Surgery Center, Inc., and Does 1-100, Inclusive. Plaintiff was notified on October 3, 2012, that all three injections that she received 8 were tainted with fungal meningitis. Plaintiff sustained injuries and damages as a direct and proximate result of the steroid injections. All three injections were manufactured, sold and distributed by Defendant New England Compounding Pharmacy, Inc. dba New England Compounding Center. 10 Plaintiff is informed and believes, and thereon alleges that Defendant New England Compounding Pharmacy, Inc. dba New England Compounding Center is strictly liable for manufacturing and assembling the tainted steroid injections that caused her injuries, designing and manufacturing the steroid injections, 12 and selling the steroid injections to the public. 13 Plaintiff is informed and believes, and hereon alleges that Defenant The Encino Outpatient Surgery Center, Inc. is strictly liable for selling to the public the tainted steroid injections that caused her injuries. 14 15 16 17 18 19 20 21 22 24 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line numbers): This page may be used with any Judicial Council form or any other paper filed with the court. Page 6 Form Approved by the ADDITIONAL PAGE Judicial Council of California Attach to Judicial Council Form or Other Court Paper MC-020 (New January 1, 19871 CRC 201.501 EXHIBIT A- PAGE 000013 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 14 of 106 Page ID #:16
  15. 15. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, War numbealrd address): E Corinne Elfassi, SBN 261243 Simon Resnik Hayes LLP 15233 Ventura Blvd., Suite 250, Sherman Oaks, CA 91403 TELEPHONE NO.: (818)783-6251 FAX NO.: 818-783-6253 ATTORNEY FOR (Name): Plaintiff flawn Ytinni SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles STREET ADDRESS: 111 North Hill Street MAILING ADDRESS: 111 North Hill Street CITYANDZIPCODE: Los Angeles, 90012 BRANCH NAME: Sthnlev Mosk Courthouse FOR COURT USE ONLY FILEDLOS ANGELES SUPERIOR COURT APR 08 2u13 J01$1 M. eutit, BY rr-S. DEPUTY CASE NAME: )awn Younani v. New England Compounding Pharmacy, Inc. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: Unlimited Limited Counter Joinder B C 5 0 5 1 7(Amount (Amount JUDGE: demanded demanded is Filed with first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: (General & Limited Civil) Items 1-6 below must be completed (see instructions on page z). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation Auto (22) Breach of contractlwarrarlty (06) (Cal. Rules of Court, rules 3.400-3.403) LIII Uninsured motorist (46) LII Rule 3.740 collections (09) Antitrust/Trade regulation (03) Other Pl/PDIWD (Personal Injury/Property Death) Tort Other collections (09) Construction defect (10) Mass tort (40)Damage/Wrongful Insurance coverage (18) Asbestos (04) LIII Other contract (37) Securities litigation (28) F Product liability (24) Real Property Environmental/Toxic tort (30) [III Medical malpractice (45) Eminent domain/Inverse Insurance coverage claims arising from the LIII Other PI/PD/WD (23) condemnation (14) Wrongful eviction (33) above listed provisionally complex case types (41) LIIIII Non-Pl/PDIWD (Other) Tort Other real property (26) Enforcement of Judgment LIIII Business tort/unfair business practice (07) Civil rights (08) Unlawful Detainer Li Enforcement of judgment (20) LIII Defamation (13) LIII Commercial (31) Miscellaneous Civil Complaint LII Fraud (16) LIII Residential (32) RICO (27) Li] Intellectual property (19) Li Drugs (38) [III Other complaint (not specified above) (42) LIII Professional negligence (25) Judicial Li Review Miscellaneous Civil Petition Li Other non-PI/PD/WD tort (35) LIII Asset forfeiture (05) LIII Partnership and corporate governance (21) Employment Petition re: arbitration award (11) Li Other petition (not specified above) (43) [1111 Wrongful termination (36) Li Writ of mandate (02) ri Other employment (15) Li Other judicial review (39) 2. This case [=]is LA is not complex under rule 3400 of the California Rules of Court. If the case is complex, mark the nonmonetary; declaratory or injunctive relief C. =punitive 4. Number of causes of action (specify): THREE 5.(This case Li is Ll is not a class action suit. 6. 1:lf there are any known related cases, file and serve a notice of related case u may ,(i form CM-015.) oat lAie:April 4,2013 i WI. ii PRIN1 EY Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed ’under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result , in sanctions. File this cover sheet in addition to any cover sheet required by local court rule. ,lf this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all L.pther parties to the action or proceeding. Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Parse 1 of 2 d.Li Large number of witnesses e.Li Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court f. LIII Substantial postjudgment judicial supervision Form Adopted for Mandatory Use CIVIL CASE COVER SHEET - - - Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403,3.740, Cal. Standards of Judicial Administration, std. 3.10 Judicial Council of California CM-010 [Rev. July 1. 200-11 w.courtinfo.ca .goi? EXHIBIT A- PAGE 000014 factors requiring exceptional judicial management: a.Li Large number of separately represented parties b. LIII Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve c.LIII Substantial amount of documentary evidence 3. .Remedies o (check all that apply) a.LZI monetaryRemedies .apply): Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 15 of 106 Page ID #:17
  16. 16. ’ lNSTRrFONS ON HOW TO COMPLETE THE CERSHEET - CM 010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one, If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney’s fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03) Uninsured Motorist (46) (if the Contract (not unlawful defamer Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty BreachSeller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other PI!PDIWD (Personal Injury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment Asbestos (04) book accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection CaseSeller Plaintiff Abstract of Judgment (Out of Asbestos Personal injury/ Other Promissory Note/Collections County) Case Confession of Judgment (non- Product Liability (not asbestos or Wrongful Death Insurance Coverage (not provisionally domestic relations) toxic/environmental) ( 24) complex) (18) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award Medical Malpractice Other Coverage (not unpaid taxes) Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other PI/PD/WD (23) Real Property Case Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condemnation (14) RICO (27) Intentional Bodily lnjury/PDIWD Wrongful Eviction (33) , Other Complaint (not specified above) (42) (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) Declaratory Relief Only Intentional Infliction of Writ of Possession of Real Property Injunctive Relief Only (non- Emotional Distress Mortgage Foreclosure harassment) Negligent Infliction of Quiet Title Mechanics Lien Emotional Distress Other Real Property (not eminent Other Commercial Complaint Other PI/PD/WD domain, landlord/tenant, or Case (non-tort/non-complex) Non-PI/PD/WD (Other) Tort foreclosure) Other Civil Complaint Business Tort/Unfair Business Unlawful Detainer (non-tort/non-complex) Practice (07) Commercial (31) Miscellaneous Civil Petition Civil Rights (e.g., discrimination, Residential (32) Partnership and Corporate false arrest) (not civil Drugs (38) (if the case involves illegal Governance (21) harassment) ( 08) drugs, check this item; otherwise, Other Petition (not specified Defamation (e.g., slander, libel) report as Commercial or Residential) above) (43) (13) Judicial Review Civil Harassment ’Fraud (16) Asset Forfeiture (05) Workplace Violence ( Intellectual Property (19) Petition Re: Arbitration Award (11) Elder/Dependent Adult "Professional Negligence (25) Writ of Mandate (02) Abuse Legal Malpractice Writ-Administrative Mandamus Election Contest Other Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Change (not medical or legal) Case Matter Petition for Relief From Late Other Non-PI/PD/WD Tort (35) WritOther Limited Court Case Claim ErnIoyment Review Other Civil Petition (:wrongful Termination (36) Other Judicial Review (39) Other Employment (15) Review of Health Officer Order Notice of AppealLabor Commissioner Appeals cM.olo[Rev. July l,2007l CIVIL CASE COVER SHEET Page 2of2 EXHIBIT A- PAGE 000015 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 16 of 106 Page ID #:18
  17. 17. 00GINALSHORT TITLE: CASE NUMBER 5 CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION) This form is required pursuant to Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court. Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case: JURY TRIAL? K YES CLASS ACTION? El YES LIMITED CASE? DYES TIME ESTIMATED FOR TRIAL 5.7 E HOURS/ ll DAYS Item II. Indicate the correct district and courthouse location (4 steps - If YOU checked Limited Case", skip to Item Ill, Pg. 4): Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your case in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected. Step 2: Check one Superior Court type of action in Column B below which best describes the nature of this case. Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you have checked. For any exception to the court location, see Local Rule 2.0. Applicable Reasons for Choosing Courthouse Location (see Column C below) 1. Class actions must be filed in the Stanley Moslc Courthouse, central district. 6. Location of property or permanently garaged vehicle. 2. May be filed in central (other county, or no bodily injury/property damage). 7. Location where petitioner resides. 3. Location where cause of action arose. 8. Location wherein defendant/respondent functions wholly. 4. Location where bodily injury, death or damage occurred. 9. Location where one or more of the parties reside. 5. Location where performance required or defendant resides. 10. Location of Labor Commissioner Office Step 4: Fill in the information requested on page 4 in Item Ill; complete Item IV. Sign the declaration. A B C Civil Case Cover Sheet Type of Action Applicable Reasons - Category No. (Check only one) See Step 3 Above Auto (22) 0 A7100 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death 1., 2., 4. Uninsured Motorist (46) 0 A71 10 Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist 1., 2., 4. o A6070 Asbestos Property Damage 2. Asbestos (04) o A7221 Asbestos - Personal Injury/Wrongful Death 2. Product Liability (24) 0 A7260 Product Liability (not asbestos or toxic/environmental) 1., 2.. 3.& 8. o A7210 Medical Malpractice - Physicians & Surgeons 1 4. Medical Malpractice (45) o A7240 Other Professional Health Care Malpractice 1., 4. 0 A7250 Premises Liability (e.g., slip and fall) 1., 4. Other Personal Injury 0 A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g., 1. ,4. Property Damage assault, vandalism, etc.) Wrongful Death 0 A7270 Intentional Infliction of Emotional Distress 1, (23) 0 A7220 Other Personal Injury/Property Damage/Wrongful Death 1 4 LACIV1O9(Rev.03/11) - CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 LASC Approved 0304 AND STATEMENT OF LOCATION Page 1 of 4 EXHIBIT A- PAGE 000016 =0 <I- wo . 2 C) G) . E -- (0 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 17 of 106 Page ID #:19
  18. 18. - t - 0 CL o ca C)- 0 C C) 0. c 0o C) E >. 0 C. E w C.) 0 F C) C. 0 a- Co C) I- C) IP Co I-.- SHORT TITLE: CASE NUMBER A B C Civil Case Cover Sheet Type of Action Applicable Reasons - Category No. (Check only one) See Step 3 Above Business Tort (07) 0 A6029 Other Commercial/Business Tort (not fraud/breach of contract) 1., 3. Civil Rights (06) 0 A6005 Civil Rights/Discrimination 1. 2., 3. Defamation (13) 0 A6010 Defamation (slander/libel) 1., 2., 3. Fraud (16) 0 A6013 Fraud (no contract) 1., 2., 3. o A6017 Legal Malpractice 1., 2., 3. Professional Negligence (25) o A6050 Other Professional Malpractice (not medical or legal) 1., 2., 3. Other (35) 0 A6025 Other Non-Personal Injury/Property Damage tort 2.,3. Wrongful Termination (36) 0 A6037 Wrongful Termination 1., 2., 3. o A6024 Other Employment Complaint Case 1., 2., 3. Other Employment (15) o A6109 Labor Commissioner Appeals 10. o A6004 Breach of Rental/Lease Contract (not unlawful detainer or wrongful 2 5 eviction) Breach of Contract/ Warranty 0 A6008 Contract/Warranty Breach -Seller Plaintiff (no fraud/negligence) 2., 5. (not insurance) 0 A6019 Negligent Breach of Contract/Warranty (no fraud) o A6028 Other Breach of Contract./Warranty (not fraud or negligence) D A6002 Collections Case-Seller Plaintiff 2., 5. 6. Collections (09) o A6012 Other Promissory Note/Collections Case 2., 5. Insurance Coverage (18) 0 A6015 Insurance Coverage (not complex) 1., 2., 5., 8. Eli A6009 Contractual Fraud 1., 2., 3., 5, Other Contract (37) 0 A6031 Tortious Interference 1., 2., 3., 5. D A6027 Other Contract Dispute(not breach/insurance/fraud/negligence) 1., 2., 3., 8. Eminent Domain/Inverse 0 A7300 Eminent Domain/Condemnation Number of parcels Condemnation (14) Wrongful Eviction (33) 0 A6023 Wrongful Eviction Case 2. 6. o A6018 Mortgage Foreclosure 2., 6. Other Real Property (26) 0 A6032 Quiet Title 2., 6. o A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure) 2., 6. Unlawful Detainer-Commercial 0 A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) 2..6. Unlawful Detainer-Residential 0 A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction) 2., 6. Unlawful Detainer- 0 A6020FUnlawful Detainer-Post-Foreclosure 2..6. Post-Foreclosure (34) Unlawful Detainer-Drugs (38) 0 A6022 Unlawful Detainer-Drugs 2., 6. LAthV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2,0 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 2 of 4 EXHIBIT A - PAGE 000017 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 18 of 106 Page ID #:20
  19. 19. I SHORT TITLE: CASE NUMBER A B C Civil Case Cover Sheet ’ . Type of Action Applicable Reasons - Category No. (Check only one) See Step 3 Above Asset Forfeiture (05) 0 A6108 Asset Forfeiture Case 2,, 6. Petition re Arbitration (11) 0 A6115 Petition to Compel/ConfirmNacate Arbitration 2., 5. o A6151 Writ - Administrative Mandamus 2., 8. Writ of Mandate (02) 0 A6152 Writ - Mandamus on Limited Court Case Matter 2. o A6153 Writ - Other Limited Court Case Review 2. Other Judicial Review (39) 0 A6150 Other Writ /Judicial Review 2., 8. Antitrust/Trade Regulation (03) 0 A6003 Antitrust/Trade Regulation 1., 2., 8. Construction Defect (10) 0 A6007 Construction Defect 1., 2., 3. Claims Involving Mass Tort 0 A6006 Claims Involving Mass Tort 1., 2., 8. Securities Litigation (28) 0 A6035 Securities Litigation Case 1., 2., 8. Toxic Tort 0 A6036 Toxic Tort/Environmental 1., 2., 3., 8. Environmental (30) Insurance Coverage Claims 0 A6014 Insurance Coverage/Subrogation (complex case only) 1., 2., 5., 8. from Complex Case (41) o A6141 Sister State Judgment 2., 9. o A6160 Abstract of Judgment 2., 6. Enforcement 0 A6107 Confession of Judgment (non-domestic relations) 2., 9. of Judgment (20) 0 A6140 Administrative Agency Award (not unpaid taxes) 2., 8. o A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax 2., 8. o A6112 Other Enforcement of Judgment Case 2., 8., 9. RICO (27) 0 A6033 Racketeering (RICO) Case 1., 2., 8. o A6030 Declaratory Relief Only 1., 2., 8. Other Complaints 0 A6040 Injunctive Relief Only (not domestic/harassment) 2., 8. (Not Specified Above) (42) 0 A6011 Other Commercial Complaint Case (non-tort/non-complex) 1., 2., 8. o A6000 Other Civil Complaint (non-tort/non-complex) 1., 2., 8. Partnership Corporation 0 A6113 Partnership and Corporate Governance Case 2., 8. Governance (21) o A6121 Civil Harassment 2., 3., 9. 0 A6123 Workplace Harassment 2., 3., 9. o A6124 Elder/Dependent Adult Abuse Case 2., 3., 9. Other Petitions (Not Specified Above) 0 A6190 Election Contest 2. (43) 0 A61 10 Petition for Change of Name 2_7. o A6170 Petition for Relief from Late Claim Law 2., 1, 4., 8. o A6100 Other Civil Petition 2., 9. C) > C, Q 0 -J C) 0 E 0 C-) (C 0 U) > 0 D.. C) co EE C) 0 o4 LU 0 U) 0 = 0 L) (ft = 0 (I) U) -- cC.C) (ft> C-) LACIV 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 3 of 4 EXHIBIT A- PAGE 000018 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 19 of 106 Page ID #:21
  20. 20. 1 SHORT TITLE: CASE NUMBER Item Ill. Statement of Location: Enter the address of the accident, party’s residence or place of business, performance, or other circumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in the court location you selected. REASON: Check the appropriate boxes for the numbers shown under Column C for the type of action that you have selected for this case. Lit [12. 03. 94. 05. [16. 07. 08. 119. 010. ADDRESS: The Encino Outpatient Surgery Center, Inc., 16311 Ventura Blvd., Suite 580, Encino, CA 91436 CITY: STATE: I ZIP CODE: Item IV. Declaration of Assignment I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that the above-entitled matter is properly filed for assignment to the Stanley Mnsk Cnnrticwouse in the Central District of the Superior Court of California, County of Los Angeles [Code Civ. Proc., § 392 et seq., and Local Rule 2.0, subds. (b), (c) and (d)}. Dated: April 4, 2013 (SIGNATURE OF ATTORNEY/FILING PARTY) PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY COMMENCE YOUR NEW COURT CASE: 1. Original Complaint or Petition. 2. If filing a Complaint, a completed Summons form for issuance by the Clerk. 3. Civil Case Cover Sheet, Judicial Council form CM-010. 4. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev. 03/11). 5. Payment in full of the filing fee, unless fees have been waived. 6. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-01 0, if the plaintiff or petitioner is a minor under 18 years of age will be required by Court in order to issue a summons. 7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum must be served along with the summons and complaint, or other initiating pleading in the case. LAC1V 109 (Rev. 03/11) CIVIL CASE COVER SHEET ADDENDUM Local Rule 2.0 LASC Approved 03-04 AND STATEMENT OF LOCATION Page 4of4 EXHIBIT A- PAGE 000019 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 20 of 106 Page ID #:22
  21. 21. EXHIBIT A - PAGE 000020 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 21 of 106 Page ID #:23
  22. 22. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Store Nor number. and address): FOR KURT USE ONLY Matthew Resnik 182562 Simon Resnik Hayes LLP I11.1t ii15233 Ventura Blvd, #300 Sherman Oaks CA sui RIOR COURT O TELEPHONE NO.: (818) 783-6251 FAX No. (Optional): " OUNTV IO 4’%...I PORN1J tri sEMAIL ADDRESS (Optional): mattlsImonresnihIaW.Com ATTORNEY FOR (Name): YOUNANI APR 1 8 2013 A. lerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES. ]Ohl STREET ADDRESS: 111 North Hill Street .By MAILING ADDRESS: Room 109 Deputy CITY AND ZIP CODE: Los Angeles 90012 BRANCH NAME: Central District, Stanley Mosk Courthouse PLAINTIFF/PETITIONER: YOUNANI CASE NUMBER: BC505176 DEFENDANT/RESPONDENT: NEW ENGLAND COMPOUNDING PHARMACY, INC. Ret. No. or File No.: PROOF OF SERVICE OF SUMMONS DAWN YOUNANI - P1 1. At the time of service I was at least 18 years of age and not a party to this action. 2. I served copies of the (specify documents): Summons; Complaint; Civil Case Cover Sheet; Civil Case Cover Sheet Addendum and Statement of Location; Notice of Case Assignment; General Order; General Order - Final Status Conference; Voluntary Efficient Litigation Stipulations; Statement of Damages (2) 3. a. Party served (specify name of party as shown on documents served): THE ENCINO OUTPATIENT SURGERY CENTER, INC. b. [X] Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b whom substituted service was made) (specify name and relationship to the party named in item 3a): WALTER D. DISHELL, Registered Agent 4. Address where the party was served: 16311 VENTURA Boulevard SUITE 580, ENCINO, CA 91436 5. I served the party (check proper box) a. [ ] by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date): (2) at (time): b. [X] by substituted service. On (date): 411512013 (2) at (time): 11:55 AM I left the documents listed in item 2 with Orin the presence of (name and title or relationship to person indicated in item 3): Margie Rodriguez, PERSON AUTHORIZED TO ACCEPT/RECEPTIONIST, a black-haired Hispanic female approx. 18-25 years of age, 5’-5’4" tall and weighing 120-160 lbs. (1) LX] (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers. (2) [ ] (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the papers. (3) 1 ] (physical address unknown) a person of at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him or her of the general nature of the papers. (4) 1 ] I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20). I mailed the documents on (date): from (city): or [ X] a declaration of mailing is attached. (5) fj I attach a declaration of diligence stating actions taken first to attempt personal service, Paoo i of 2 ’ivrmAdopled for Mandatory Use Code of Civil Procedure. § 417.10 fiIudiclaI Council or California 4POS.olO(Rov. January l,2007I PROOF OF SERVICE OF SUMMONS Order No. 7756288 LAX FIL Il EXHIBIT A - PAGE 000021 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 22 of 106 Page ID #:24
  23. 23. PLAINTIFF/PETITIONER: YOUNANI CASE NUMBER: I BC505176 I DEFENDANT/RESPONDENT: NEW ENGLAND COMPOUNDING PHARMACY, INC. I c. [ I by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date): (2) from (city): (3) 1 1 with two copies of the Notice and Acknowledgment Of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgment of Receipt.) (Code Civ. Proc. § 415.30) (4) [ ] to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40) d. [ ] by other means (specify means of service and authorizing code section): Additional page describing service is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows: a. [ as an individual defendant. b. [ ) as the person sued under the fictitious name of (specify): c. [ ] as occupant d. [X] On behalf of (specify): THE ENCINO OUTPATIENT SURGERY CENTER, INC. under the following Code of Civil Procedure section: 416.10 (corporation) [ 1 415.95 (business organization, form unknown) 416.20 (defunct corporation) [ ) 416.60 (minor) 416.30 (joint stock company/association) [ 1 416.70 (ward or conservatee) 1 ] 416.40 (association or partnership) 1 1 416.90 (authorized person) I 1 416.50 (public entity) 1 1 415.46 (occupant) other Person who served papers a. Name: Alberto Gutierrez b. Address: 201 South Figueroa Street, Suite 100, Los Angeles, CA 90012 c. Telephone number: 213-621-9999 d. The fee for service was: $59.50 e. lam: (1) [ I not a registered California process server. DD (2) [ ) exempt from registration under Business and Professions Code section 22350(b). (3) [X] registered California process server: (i) ] owner I ] employee (X] independent contractor For: ABC Legal Services, Inc. (ii) [X] Registration No.: 5360 Registration #: 6779 (iii) [X) County: Los Angeles County: Los Angeles 8. [X ] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. or 9. [ ] I am a California sheriff or marshal and I certify that the foregoing is true and correct. Date: 4/1612013 Alberto Gutierrez (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) )SIGEuA1’URE) bs.oio (Rev. January 1, 20071 Page 2 of 2 PROOF OF SERVICE OF SUMMONS Order No. 7756288 LAX FIL EXHIBIT A - PAGE 000022 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 23 of 106 Page ID #:25
  24. 24. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): FOR COURT USE ONLY Matthew Resnik 182562 Simon Resnik Hayes LLP 15233 Ventura Blvd, #300 Sherman Oaks CA TELEPIIONENO.: (818) 783-6251 FAX NO. (Optional): EMAIL ADDRESS (Optional): matt@simonreaniklaw.com ATTORNEY FOR (Name): YOUNANI SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, STREET ADDRESS: 111 North Hill Street MAILING ADDRESS: Room 109 CITY AND ZIP CODE: Los Angeles 90012 BRANCH NAME: Central District, Stanley Moak Courthouse PLAINTIFF/PETITIONER: YOUNANI CASE NUMBER: BC505176 DEFENDANT/RESPONDENT: NEW ENGLAND COMPOUNDING PHARMACY, INC. Rot, No. or File No.: DECLARATION OF MAILING DAWN YOUNANI - P1 The undersigned hereby declares: that I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing took place. My business address is 501 12th St., Sacramento, CA 95814. That on April 18th, 2013, alter substituted service was made, I mailed the following documents: Summons; Complaint; Civil Case Cover Sheet; Civil Case Cover Sheet Addendum and Statement of Location; Notice of Case Assignment; General Order; General Order - Final Status Conference; Voluntary Efficient Litigation Stipulations; Statement of Damages (2) to the servee in this action by placing a true copy thereof enclosed in a sealed envelope with postage prepaid for first class mail and placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in Sacramento, CA. That I addressed the envelope as follows: THE ENCINO OUTPATIENT SURGERY CENTER, INC. 16311 VENTURA Boulevard SUITE 580 ENCINO, CA 91436 That I declare under penalty of perjury of the state of California that the foregoing is true and correct. That I executed this declaration on April 18th, 2013 at Sacramento, CA. Declarant Russell Duane, Reg, #2012-47, Sacramento, CA adsV L Order No. 7756288 LAX FIL I, ’I EXHIBIT A- PAGE 000023 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 24 of 106 Page ID #:26
  25. 25. EXHIBIT A - PAGE 000024 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 25 of 106 Page ID #:27
  26. 26. ft ORIGINAL -ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bat number, and address): FOR COURT USE ONLY Simon Resnik Hayes LLP 15233 Ventura Blvd, #300 FILEDSherman Oaks, CA 91403 SUPERIOR COURT OF CALtFONtA TELEPHONE NO.: 818 783-6251 FAX NC.(opWna: 818 783-6253 COUNTY OF LOS ’ EMAIL ADDRESS (OptionO/): ATTORNEY FOR (Name): DAWN YOUNANI APR 30W13 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES STREETAOORESS: 111 North Hill Street, Room 102 John A Clarke Exectt,vc (JtiicvriClcik MAILING ADDRESS: Deputy CITY Los Angeles 90012 Raul Sanchtt BRANCH NAME: Central District, Stanley MosIc Courthouse PLAINTIFF/PETITIONER: DAWN YOUNANI CASE NUMBER: 8C505176 DEFENDANT/RESPONDENT: NEW ENGLAND COMPOUNDING PHARMACY, INC Rd. No. or Fin No.: PROOF OF SERVICE OF SUMMONS DAWN YOUNANI - P1 1. At the time of service I was at least 18 years of age and not a party to this action. BY FX 2. I served copies of the (specify documents): Summons; Complaint; Civil Case Cover Sheet; Civil Case Cover Sheet Addendum and Statement of Location; Notice of Case Assignment; General Order, General Order-final Status Conference; Adr Information Package; Voluntary Efficient Litigation Stipulations; Statement of Damages (2) 3. a. Party served (specify name of party as shown on documents served): NEW ENGLAND COMPOUNDING PHARMACY, INC. DBA NEW ENGLAND COMPOUNDING CENTER b. [X] Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b whom substituted service was made) (specify name and relationship to the party named in item 3a): JESS SMITH, PERSON AUTHORIZED TO ACCEPT SERVICE, A white female approx. 30-35 years of age 5’2’-5’4’ in height weighing 120-140 lbs with brown hair 4. Address where the party was served: LIEFF CABRASER HEINMANN BERNSTEIN, 150 FOURTH Avenue N SUITE 1650, NASHVILLE, TN 37219-2423 5. I served the party (check proper box) a. f X J by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date): 412312013 (2) at (time): 11:40 AM b. [ J by substituted service. On (date): (2) at (time): I left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): (1) [ J (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers. (2) [ ] (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the papers. (3) ] (physical address unknown) a person of at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. 1 informed him or her of the general nature of the papers. (4) [ ] I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20). I mailed the documents on (date): from (city): or a declaration of mailing is attached. (5) [ I attach a declaration of diligence stating actions taken first to attempt personal service. Page 012 For’ Adopted for Mandatory We Code Cl Civil Procedure. § 417.10 Judicial Council of CaI,lornia PdDNO101Rev. Januar y l.20071 PROOF OF SERVICE OF SUMMONS Order No. 7699773 LAX FIL I LL’X. n.Er:i/i II I EXHIBIT A PAGE 000025 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 26 of 106 Page ID #:28
  27. 27. PLAINTIFF/PETITIONER: DAWN YOUNANI ICASE NUMBER: I BC505176 I IDEFENDANT/RESPONDENT: NEW ENGLAND COMPOUNDING PHARMACY INC C. [ by mail and acknowledgment of receipt of service, I mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date): (2) from (city): (3) ( ] with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgment of Receipt.) (Code Civ. Proc., § 415.30) (4) [ to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40) d. [ ] by other means (specify means of service and authorizing code section): Additional page describing service is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows: a. [ ) as an individual defendant. b. [ ] as the person sued under the fictitious name of (specify): c. [ ] as occupant d. [X On behalf of (specify): NEW ENGLAND COMPOUNDING PHARMACY, INC. DBA NEW ENGLAND COMPOUNDING CENTER under the following Code of Civil Procedure section: Er 1 416.10 (corporation) ( 415.95 (business organization, form unknown) 416.20 (defunct corporation) 1 1 416.60 (minor) 1 416.30 (joint stock company/association) ( I 416.70 (ward or conservatee) 416.40 (association or partnership) [ 3 416.90 (authorized person) 1 416.50 (public entity) [ 1 415.46 (occupant) other 7. Person who served papers a, Name: Paul H Ivey b. Address: 5543 EDMONDSON PIKE, #202, NASHVILLE, TN 37211 c. Telephone number: 256-366-1554 d. The fee for service was: $100.00 e. I am: (1) 1 X) not a registered California process server. (2) 1 3 exempt from registration under Business and Professions Code section 22350(b). (3) 1 registered California process server: (i) I I owner I ] employee I J independent contractor For: ABC Legal Services, Inc. (ii) [ J Registration No.: Registration #: 6779 (iii) ) County: County: Los Angeles 8. [X I I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. or 9. ( ] I am a California sheriff or marshal and I certify that the foregoing is true and correct. Date: 4124/2013 Paul_H Ivey NAME OF PERSON WHO SERVED PAFERSISHERIEF OR MARSHAL) Page 2012OS.O101Rov January PROOF OF SERVICE OF SUMMONS Order No. 7699773 LAX FiL ii EXHIBIT A - PAGE 000026 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 27 of 106 Page ID #:29
  28. 28. EXHIBIT A - PAGE 000027 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 28 of 106 Page ID #:30
  29. 29. PRINDLE, AMARO, GOETZ, HILLYARD, BARNES & REINHOLTZ LLP Jack R. Reinholtz, Esq. (Bar No. 149884) Cynthia A. Palm, Esq. (Bar No. 143486) 3 10 Golden Shore, Fourth Floor Long Beach, California 90802 Telephone: (562) 436-3946 Facsimile: (562) 495-0564 jreinholtzprindlelaw,com cpalin@prindlelaw.com ADMR 0129 Attorneys for Defendant, ENCINO OUTPATIENT SURGERY CENTER, INC. I 2 3 4 5 6 7 FI1 PLOS pGELEi CoVuT iZO’t3 CLERK Z?: REEPBy "Apy DAWN YOUNANI, Plaintiffs, V. NEW ENGLAND COMPOUNDING PHARMACY, INC. dba NEW ENGLAND COMPOUNDING CENTER; THE ENCINO OUTPATIENT SURGERY CENTER, INC. DOES 1-100, Inclusive, Defendants. CASE NO. BC505176 ANSWER TO COMPLAINT (Case assigned to Judge Rafael Ongkeko - Dept. 91) Complaint Filed: April 8, 2013 Trial Date: October 8, 2014 I’- 0 C) tLIL 0 -J 8 9 10 11 12 13 14 15 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT COMES NOW, defendant, ENC1NO OUTPATIENT SURGERY CENTER, INC. ("defendant"), and answers the unverified. Complaint of plaintiff, DAWN YOI.JNANI, for itself alone and for no other defendant, and admits, denies and alleges as follows: rTl Under the provisions of the California Code of Civil Procedure, Section 431.30, pit denies both generally and specifically each, every and all of the allegations co h Complaint and denies that plaintiff sustained damages in the sum alleged, or in Cpy S ’ , oataH. Further answer the Complaint, defendant denies that plaintiff sustained any injuries,-,, cim,ages or loss, if any, by reason of act or omission of the part of defendant, or any agents, servants or 4 (4 employees of defendant. CQ’i I C. 0 ’z’ o o ANSWER TO COMPLAINT EXHIBIT A - PAGE 000028 17 18 19 20 21 22 J r1 23 24 r:25 . 27 28 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 29 of 106 Page ID #:31
  30. 30. I AS FOR A FIRST SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE 2 Defendant alleges plaintiff is barred from any recovery on the basis that plaintiffs own 3 negligence was the sole and proximate cause of the accident and any injuries he sustained; but in the 4 event a finding is made that negligence exists on the part of defendant which proximately 5 contributed to plaintiffs injuries and/or damages, plaintiffs’ amount of recovery, if any, shall be 6 reduced on the basis of plaintiff’s own comparative negligence which contributed to the injuries 7 and/or damages upon which recovery is sought by plaintiff against defendant. 8 AS FOR A SECOND SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Defendant alleges that at all times mentioned in the Complaint, any injury, damages or loss9 10 allegedly suffered by plaintiff was directly and proximately caused and contributed to by the 11 negligence or fault of persons separate and apart from defendant, whether they be named or 12 unnamed in the within action. 0 co 13 In the event a finding is made that negligence exists on the part of defendant which LL 14 proximately contributed to plaintiffs injuries and/or damages, plaintiffs amount of recovery from 15 defendant, if any, shall be reduced on the basis of the comparative negligence of such other person. 16 Defendant shall seek from the court appropriate instructions to the trier of fact apportioning the 17 negligence or fault attributable to any such other person, whether named or unnamed, for any injury, " 18 damages or loss suffered by plaintiff. 19 AS FOR A THIRD SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE 20 Defendant alleges that the Complaint and each of the purported causes of action contained 21 therein is barred by the running of the statute of limitations as embodied in the California Code of 22 Civil Procedure, Section 340.5. 23 AS FOR A FOURTH SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE 24 Defendant alleges the Complaint and each of the purported causes of action contained therein 25 fails to state a cause of action against defendant. 26 27 /// .28 2 ANSWER TO COMPLAINT JRRiYounanilPleadin /Answer EXHIBIT A - PAGE 000029 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 30 of 106 Page ID #:32
  31. 31. AS FOR A FIFTH SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE 2 Defendant alleges any injury suffered by plaintiff was caused by risks of which plaintiff was 22 i,n 23 24 25 26 27 28 times and places as set forth in the Complaint. AS FOR A SEVENTH SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Defendant alleges the Complaint and each of the purported causes of action contained therein fails to state facts sufficient to constitute a cause of action in that the fall responsibility for the control of the situation, threatened harm, injuries and damages alleged passed to a third person or persons whose acts or omissions resulted in a superceding and intervening cause. AS FOR AN EIGHTH SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Defendant alleges that any injury or damage suffered by plaintiff, whether as alleged or otherwise, was a direct, proximate and sole result of plaintiffs physical bodily condition and constitutional composition on, prior and subsequent to all times mentioned in the Complaint. AS FOR A NINTH, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Defendant alleges that at all times mentioned in the Complaint, plaintiffs causes of action were limited, prescribed and governed by the terms and provisions of the California Civil Code, Sections 3333.1 and 3333.2 and defendant will urge application of these statutes at the time of the trial. AS FOR A TENTH, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Defendant alleges that at all times mentioned in the Complaint, the conduct of defendant was statutorily non-actionable in keeping with the terms and provisions of the California Business and Professions Code, Section 2396 in that defendant, acting in good faith, was rendering emergency 3 ANSWER TO COMPLAINT EXHIBIT A - PAGE 000030 3 4 5 6 7 - 8 - 0 9 z 10 11 z 12 0 go 13 14 -J 15 0 16 0 17 18 z 19 20 21 well aware or reasonably should have been aware and which voluntarily assumed. AS FOR A SIXTH SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Defendant is informed and believes and based upon such information and belief alleges that any injury, damage or loss sustained by plaintiff was proximately caused and contributed to by negligence on plaintiffs part in that plaintiff did not exercise ordinary care on his own behalf at the Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 31 of 106 Page ID #:33
  32. 32. medical care upon the request of another physician, under conditions arising from the prior care of said precedent physician. AS FOR AN ELEVENTH, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Defendant alleges plaintiff failed to mitigate or minimize damages, if any, in that plaintiff failed to properly maintain or otherwise conduct his activities and otherwise failed to take adequate measures to minimize his delays, damages, expenditures and extra costs, if any, incurred. AS FOR A TWELFTH, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Defendant alleges that the Fair Responsibility Act of 1986, commonly known as Proposition 51, be given full force and effect pursuant to the California Civil Code, Section 1431, subsections 1431.1 through 143 1.5. Specifically, it is asserted by defendant that in the event a judgment is rendered against him and in favor of plaintiff, he can be held responsible, if at all, for only that proportion of "non-economic" damages for which he is found liable by jury determination, that the rule of joint and several liability not apply under such circumstances. AS FOR A THIRTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Defendant alleges that if any fault is found on the part of defendant, his liability for non- economic loss to plaintiff is no greater than that percent of the damages which equal the percent of fault attributed to defendant. AS FOR A FOURTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Defendant alleges that plaintiff is barred by the California Civil Code, Section 1714.8 in that no healthcare provider shall be liable for professional negligence or malpractice for any occurrence or result solely on the basis that the occurrence or result was caused by the natural course of a disease or condition or was the natural or unexpected result of reasonable treatment rendered for the disease or condition. I/I I/I III 4 ANSWER TO COMPLAINT - N I- 0 2: LL LJ I’>. - - -N 0 0 - a 2: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ’r 23 24 (:25 (:27 .28 EXHIBIT A- PAGE 000031 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 32 of 106 Page ID #:34
  33. 33. S I AS FOR A FIFTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE 2 Defendant alleges that if there is a judgment in favor of plaintiff and against defendant and if 3 such recovery exceeds $50,000, that such damages be paid by periodic payments pursuant to the 4 California Code of Civil Procedure, Section 667.7, 5 AS FOR A SIXTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE 6 Defendant alleges that certain limitations in regard to fees shall apply to any recovery for 7 damages pursuant to the California Business and Professions Code, Section 6156. 8 AS FOR A SEVENTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE 9 DEFENSE 10 Defendant alleges that if it should be found that defendant is in any manner legally 11 responsible for injuries or damages sustained by plaintiff, which supposition is not admitted but 12 merely stated for the purpose of this defendant, then any such injuries or damages found to have In 13 been incurred or suffered by plaintiff in this action were proximately contributed to by other persons 14 or entities; therefore, it is necessary that the proportionate degree of negligence or fault of each such 15 person or entity be determined and pro-rationed so that as between defendants, this answering 16 defendant pays only that amount of damages caused by his negligence. 17 If this answering defendant is not guilty of any active negligence, all other negligent 18 defendants should pay all the judgment and that the liability of this answering defendant, if any, for 19 the amount of non-economic damages, if any, should be limited in direct proportion of this 20 answering defendant’s percentage of negligence or fault, if any, pursuant to the Fair Responsibility 21 Act of 1986, Section 1431 of the California Civil Code and a separate judgment be rendered against 22 this answering defendant for that amount. 23 AS FOR A EIGHTEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE 24 DEFENSE 25 Alleges that defendant is not the principle of any physicians who may have performed health 26 care on plaintiff and that none of the doctor’s whom performed health care upon plaintiff while at 27 28 ANSWER TO COMPLAINT JRRJYoun,n i/Plead infAnsver EXHIBIT A - PAGE 000032 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 33 of 106 Page ID #:35
  34. 34. 1 2 3 4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I.J 277 r 28 L. 0 ULL LL 0 -J -- .1 ... -- -.*)------11--- --- -- --*- ~ - - -- - - ~ -- - - - - 0- - - the defendant’s facility are agents of decedent as that term is defined in applicable California statute I and laws. AS FOR A NINETEENTH, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Defendant alleges that if there exists an arbitration provision which requires all matters arising out of the professional health care rendered on behalf of Encino Outpatient Surgery Center to any of its patients be submitted to binding arbitration. AS FOR A TWENTIETH, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Defendant alleges that plaintiff’s claims are barred by the statute of limitations and that defendant will assert his rights to bifurcate the statute of limitations defense in accordance with Code of Civil Procedure section 597.15. AS FOR A TWENTY FIRST, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Because discovery has not yet been initiated by this answering defendant, and to avoid waiver of other potential affirmative defenses which may or may not apply, this answering defendant raises the following additional defenses: lack of personal jurisdiction, lack of subject matter jurisdiction, failure to join indispensable parties, misj oinder of parties, lack of standing, privileged communication (Civil Code section 47), plaintiffs complaint is barred by the provisions of the (Labor Code sections 3601, 3602, et seq.), common law manager’s privilege, waiver, laches, unclean hands, res judicata, collateral estoppels, judicial estoppels, equitable estoppels, abatement, bankruptcy, Good Samaritan immunity, quality of care/utilization review immunity (Health & Safety Code section 1370), peer review committee immunity, immunity from liability pursuant to (cjyjl Code section 43.92); and, failure to state a cause of action because this answering defendant is not in the business of designing, manufacturing, producing, selling, profiting from, or placing in the stream of commerce those products alleged in the complaint. HI I/I I/I 6 ANSWER TO COMPLAINT EXHIBIT A - PAGE 000033 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 34 of 106 Page ID #:36
  35. 35. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 : 27 128 o U’ LU U. U. U- 0: S AS FOR A TWENTY SECONDST, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Alleges that the medication provided to plaintiff Dawn Younani was not manufactured, design, distributed or sold to plaintiff by defendant Encino Outpatient Surgery Center, Inc. and thus defendant is not in the chain of commence subject to a products liability claim.. AS FOR A TWENTY THIRD, SEPARATE, DISTINCT AND AFFIRMATIVE DEFENSE Alleges that the epidural spinal steroid injections administered to plaintiff were not contaminated and did not cause any injuries to plaintiff. WHEREFORE, defendant asks judgment as follows: I. That plaintiff take nothing by way of the Complaint; 2. For costs of suit, including attorney’s fees; and 3. For such other and further relief as the court may deem just. DATED: May 1 20l 3 PR[ND1$ ’ MARO, GOETZ, HILLRD,ARNES & REFNHOLTZ LLP / Rj RE[NHOLTZ I ICcc. rne1s Or Defendant, I INUTPATIENT SURGERY CENTER, II M 7 ANSWER TO COMPLAINT JRRJYounani,PIeadin/Answer EXHIBIT A - PAGE 000034 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 35 of 106 Page ID #:37
  36. 36. S 1 PROOF OF SERVICE Younani v. New England Compounding Pharmacy, Inc. 2 Case No. BC5051 76 3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 4 I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and am not a party to this action. My business address is 310 Golden Shore, Fourth Floor, 5 Long Beach, California 90802. 6 On May 15, 2013, I served the foregoing document described as ANSWER TO COMPLAINT on interested parties in this action by placing a true copy thereof enclosed in sealed 7 envelopes as follows: 8 SEE ATTACHED SERVICE LIST 1 (By U.S. Mail) I am readily familiar with my employer’s business practice for collection and processing of correspondence for mailing with the United States Postal Service, I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or 1 postage meter is more than one day after date of deposit for mailing in affidavit. I deposited i 1 such envelope(s) with postage thereon fully prepaid to be placed in the United States Mail at 12 Long Beach, California. LI (By Facsimile) I served a true and correct copy by facsimile pursuant to C.C.P. 1013(e), 13 calling for agreement and written confirmation of that agreement or court order, to the number(s) listed above or on attached sheet. Said transmission was reported complete and 14 without error. 15 0 (By Personal Service) I caused to be delivered by hand by to the interested parties in this action by placing the above mentioned document(s) thereof in 16 envelope addressed to the office of the addressee(s) listed above or on attached sheet. 17 LI (By Overnight Courier) I served the above referenced document(s) enclosed in a sealed package, for collection and for delivery marked for next day delivery in the ordinary course of 18 business, addressed to the office of the addressee(s) listed above or on attached sheet. 19 0 (By E-Mail) I transmitted a copy of the foregoing documents(s) via e-mail to the 20 addressee(s). (State) I declare under penalty of perjury under the laws of the State of California that the 21 foregoing is true and correct. 22 0 (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 made. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on May 15, 2013, at Long Beach, California. n25 2u,_IZZL~TRACY GUY p. 27 28 EXHIBIT A - PAGE 000035 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 36 of 106 Page ID #:38
  37. 37. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 r 23 -24 27 28 Younani v. New England Compounding Pharmacy, Inc. Case No. BC5051 76 SERVICE LIST Corinne Elfassi, Esq. Attorneys for Plaintiff Simon Resnik Hayes, LLP 15233 Ventura Blvd., Ste. 250 Sherman Oaks, CA 91403 (818) 783-6251 Fax: (818) 783-6253 Email: Corinne(,srh1aw.com EXHIBIT A - PAGE 000036 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 37 of 106 Page ID #:39
  38. 38. EXHIBIT A - PAGE 000037 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 38 of 106 Page ID #:40
  39. 39. SUM MS SUM- Cross-Complaint (SOLO FOXIL1j (C!TA CION JUDICIAL-CONTRA DEMANDA) I10S ANGELES SUPERIOR COURT NOTICE TO CROSS-DEFENDANT: MAY 162013(AVISO AL CONTRA-DEMANDADO): NEW ENGLAND COMPOUNDING PHARMACY, INC. dba NEW JUh CLERK ENGLAND COMPOUNDING CENTER and ROES 1-50, Inclusive ./7,4 BY MARV FVnp F.q YOU ARE BEING SUED BY CROSS-COMPLAINANT: (LO ESTA DEMANDANDO EL CONTRADEMANDANTE): ENCINO OUTPATIENT SURGERY CENTER, INC. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the cross-complainant. A letter or phone call will not protect you. Your written response must be in proper legal form If you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selme!p), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.govfselfhe!p), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court’s lien must be paid before the court will dismiss the case. Tiene 30 D1AS DE CALENDARIO despuØs de que le entreguen esta citacin y papeles legales para presentar una respuesta par esqrito en esta carte y hacer que se entregue una copia a! contrademandante. Una cart a o una Ilamada telefOnica no 10 protegen. Su respuesta par escrito tiene que estar en formato legal correcto Si desea quo procesen su caso en la code. Es posible gue haya tin form u!ario que usted pueda usar para su respuesta. Puede enconfrar estos formularios de la code y mØs informacin en ci Centro do Ayuda de las Codes de California ( www.sucorte.ca.gov ), en la biblioteca de leyes de su condado a en a code que !e quede mÆs cerca. Si no puede pagar a cuota de presentacin, pida al secrefario de a code que le de tin formulario de exenciOn do pago de cuotas. SI no presenta su respuesta a fiempo, puede perder el caso par incumplimienfo y la code /e podra quitar su sueldo, dinero y bienes sin mils advertencia. Hay otros requisifos legales. Es recomendable que Ilame a un abogado inmediafamente. Si no conoce a tin abogado, puede liamara Un ,servicio de rem jsin a abogados. Si no puede pagar a tin abogado, es posible que cum p/a con /as requisilos para obfenerservicios legales gratuitos de un pro grama de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sltio web do California Legal Services, (www.lawhelpcalifornia.org ), en ci Centro de Ayuda do las Codes de California (www.sucorte.ca.gov), a oniØndose en confacto con a code a el co!egio de abogados locales. A VISO: Par fey, la code fiene derecho a reclamar las cuofas y los cosfos exenfos par importer un gravamen sabre cualquier recuperacin de $10,000 6 mÆs de valor recibida median to un acuerdo a una concesiÆndo arbitraje en un caso de derecho civil. Tiene quo pagar ci gravamen do la code antes de que la code pueda desechar ci caso. The name and address of the court is: SHORT NAME OF CASE (from Complaint): (Nombro de Case): (El nombre y direcciOn do la carte es): YOUNANI Y. NEW ENGLAND COMPO SUPERIOR COURT FOR THE STATE OF CALIFORNIA CASE NUMBER. (NumerodelCaso): 111 N. Hill Street BC505176 Los Angeles, CA 90012 Central The name, address, and telephone number of cross-complainant’s attorney, or cross-complainant without an attorney, is: (El nombre, la direcciOn y el nmero de telØfono del abogado del contrademandante, o del contrademandante quo no tiene abogado, es): Jack R. Reinholtz, Esq. (562) 436-3946 (562) 495-0564 Prindle, Arnaro, Goetz, Hillyard, Barnes & Reinholtz 310 Golden Shore, 4th Floor Long Beach, CA 90802 DATE: Clerk, by . , Deputy (Fecha) (Secretario) ._ .(Adjunto) - flIP’s1 - (For proof of service of this summons, "69’e (form POS-01 0).) (Parªpweba de entrega do esta citatiOn use el formulan’o Proof of Service of Summons (POS-010).) MrlTI(’ TI.1 DrM ciir. V,s,, SEXEj Form Adopted for Mandatory Use Judicial Council of California SUM-1 10 (Rev. July 1, 2009] 1. ElI as an individual crossdefendant. 2. as the person sued under the fictitious name of (specify): 3. LIII on behalf of (specify): under: LIiiIl CCP 416.10 (corporation) LIII CCP 416.60 (minor) Lull CCP 416.20 (defunct corporation) [liii CCP 416.70 (conservatee) LIII COP 416.40 (association or partnership) [II] CCP 416.90 (authorized person) LII other (specify).’ 4. LII by personal delivery on (date): Pane I of 1 SUMMONSCROSS-COMPLAINT e Code of Civil Procedure, §§ 412.20, 428.60, 465 EXHIBIT A - PAGE 000038 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 39 of 106 Page ID #:41
  40. 40. EXHIBIT A - PAGE 000039 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 40 of 106 Page ID #:42
  41. 41. PRINDLE, AMARO, GOETZ, HILLYARD, BARNES & REINHOLTZ LLP Jack R. Reinholtz, Esq. (Bar No. 149884) Cynthia A. Palm, Esq. (Bar No. 143486) 310 Golden Shore, Fourth Floor Long Beach, California 90802 Telephone: (562) 436-3946 Facsimile: (562) 495-0564 jreinholtz@prindlelaw.com cpalin@prindlelaw.com ADMR 0129 Attorneys for Defendant, ENCINO OUTPATIENT SURGERY CENTER, INC. FILEDLOS ANGELES SUPERIOR COURT MAY 162013 CLERK BY MARY Ffl SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT DAWN YOU1IANI, CASE NO. BC505176 Plaintiffs, CROSS-COMPLAINT V. (Case assigned to Judge Rafael Ongkeko - Dept. 91) NEW ENGLAND COMPOUNDING Complaint Filed: April 8, 2013 PHARMACY, INC. dba NEW ENGLAND Trial Date: October 8, 2014 COMPOUNDING CENTER; THE ENCINO OUTPATIENT SURGERY CENTER, INC. and DOES 1-100, Inclusive, Defendants. ENCINO OUTPATIENT SURGERY CENTER, INC., Cross-Complainant, V. NEW ENGLAND COMPOUNING PHARMACY, INC. dba NEW ENGLAND COMPOUNDING CENTER and ROES 1-50, Inclusive Cross-Defendants. 1 2 3 4 5 6 7 8 9 10 11 12 LL o W 13 U. b. 140; 15 16 17 18 19 20 21 22 r 23 24 25 26 0 27 28 1 )MPLAINT JRRJYounani/PIeadin/CrossCornpIainI EXHIBIT A PAGE 000040 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 41 of 106 Page ID #:43
  42. 42. 7 ! : 10 12 I 13UIc 1 4I o 160 6 17 18 19Z 20 21 22 fl 23 24 : 25 26 27 28 1 COMES NOW, defendant and cross-complainant, ENCINO OUTPATIENT SURGERY 2 I CENTER, INC. ("cross-complainant"), and for causes of action against each cross-defendants, 3 I allege as follows: 4 FIRST CAUSE OF ACTION 5 (Equitable Indemnity and Contribution) 6 1. The true names and capacities, whether individual, corporate, associate or otherwise, of cross-defendants designated herein are unknown to cross-complainant who therefore sue said cross-defendants by such fictitious names. Cross-complainant is informed and believe, and thereon allege, that each of the cross-defendants designated herein is, in some manner, legally responsible for the events and happenings herein referred to, and when the names and capacities of said cross- defendants are ascertained, cross-complainant will seek leave of court to amend this Cross- Complaint to reflect their true names and capacities. 2. Cross-complainant is informed and believe, and thereon allege, that all times mentioned herein, cross-defendants, and each of them, were the agents, employers, and associates of each other, and acting with the express and/or implied permission, authority, and knowledge of each other, and at all times herein mentioned were acting within the course and scope of said employment and/or agency with the knowledge and permission of each and all cross-defendants. 3. Plaintiff, DAWN YOUNANI ("plaintiff") filed a Complaint against cross- complainant and others, including cross-defendants, and each of them. Such Complaint is incorporated herein by reference. 4. Cross-complainant allege on the basis of information and belief that the damages, if any, suffered by plaintiff herein as alleged in the Complaint on file herein, were proximately caused, in whole or part, by the negligence or fault of cross-defendants, and each of them. 5. In the event the trier of fact determines that cross-complainant is liable to plaintiff, cross-complainant is entitled to recover as indemnity and contribution from cross-defendants, and each of them, that portion of the judgment which is attributable to the percentage of comparative fault or negligence which assessed or assessable against cross-defendants, and each of them. 2 CROSS-COMPLMNT Lrosscoinviaint EXHIBIT A - PAGE 000041 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 42 of 106 Page ID #:44
  43. 43. 1 SECOND CAUSE OF ACTION 2 (Implied Indemnity) 3 6. Cross-complainant incorporates by reference paragraphs 1 through 5 of the first cause 4 of action as though fully set forth herein. 5 7. Cross-complainant believes that if it is found negligent in any manner or at fault, that 6 said negligence or fault on the part of said cross-complainant is only passive and secondary, and that 7 the negligence or fault of cross-defendants, and each of them, is active and primary. By reason of 8 said cross-defendants’ active and primary negligence or fault, cross-complainant is entitled to be F. 9 indemnified and held harmless from any judgment against cross-complainant. Further, cross- 10 complainant is entitled to be reimbursed for costs, expenses, and attorneys’ fees incurred in the 11 defense of the Complaint brought by plaintiff and also in prosecution of this Cross-Complaint. 12 THIRD CAUSE OF ACTION 13 (Declaratory Relief) U. 14 8. Cross-Complainant incorporates by reference each of the allegations of the first and. 15 second causes of action as though fully set forth herein. 16 9. An actual controversy has arisen and now exists between cross-complainant and 17 cross-defendants in that cross-complainant contends, and cross-defendants deny, that cross- 18 defendants are obligated to partially or fully indemnify cross-complainant for sums which cross- 19 complainant may be compelled to pay as a result of any damages, judgment, or other awards 20 recovered by plaintiff against cross-complainant. 21 10. Cross-complainant desires ajudicial determination of the respective rights and duties 22 of Cross-Complaint and cross-defendants with respect to the damages claimed in the Complaint of 23 plaintiff herein. In particular, cross-complainant desires a declaration of the respective liabilities of 24 cross-complainant and cross-defendants’ responsibility to indemnify cross-complainant for such 25 which cross-complainant may be compelled to pay and or which cross-defendants have been 26 determined responsible. 27 11. Such a declaration is necessary and appropriate at this time in order that cross- 28 complainant may ascertain its rights and duties with respect to the claim of plaintiff and the claim of 3 CROSS-COMPLAINT JRRJYo,,nanhlPleadin /CrossCornplaint EXHIBIT A - PAGE 000042 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 43 of 106 Page ID #:45
  44. 44. 1 cross-complainant arises out of the same transaction, and determination of both in one proceeding is 2 necessary and appropriate in order to avoid the circuity and multiplicity of actions that would result 3 if cross-complainant is required now to defend this action against plaintiff and then bring a separate 4 action against cross-defendants for indemnification. 5 WHEREFORE, cross-complainant prays for judgment against cross-defendants, and each of 6 them, as follows: 7 1. If there is a judgment against cross-complainant, then a judgment in that like amount 8 be entered against cross-defendants, and each of them, in favor of cross-complainant; 9 2. For an order of this court that cross-complainant is entitled to full indemnity by cross- 10 defendants, and each of them, for any settlement or compromise entered into by cross-complainant, 11 or for any judgment entered against cross-defendants; 12 3. For an order establishing and fixing the percentage of comparative fault attributable 13 to each person and/or entity whose combined negligence, if any, proximately caused or contributed 14 to the damages, if any, to plaintiff. 15 4. For an order permitting cross-complainant, if found to be liable, to recover from 16 cross-defendants, and each of them, that portion of the judgment that is attributable to the 17 comparative fault assessed or assessable against cross-defendants, and each of them; 18 5. For a judicial determination of cross-defendants’ responsibility and liability for the 19 damages claimed by plaintiff, if any, are found to exists; 20 6. For all costs incurred herein; 21 11 7. For attorneys’ fees according to proof; and LL 0 U) U U IL U. 0 -J 22 III :23 I/I "-24 III 26 r28 4 DMPLAINT EXHIBIT A PAGE 000043 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 44 of 106 Page ID #:46
  45. 45. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 U- U) LU U U-; o - .-. ..--.-. 8. For such other and further relief as this court deems just and proper. DATED: May A 2013 PR[NDLE, AMARO, GOETZ, HILLYARD, BARNES & RE[NHOLTZ LLP By:/ / JAC4 R. I.E[NHOLTZ Att neysf Defendant, kJZWCINO OUTPATIENT SURGERY CENTER, INC. 5 CROSS-COMPLAINT JCrossComplaint EXHIBIT A - PAGE 000044 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 45 of 106 Page ID #:47
  46. 46. 2 4 on . . PROOF OF SERVICE Younani v. New England Compounding Pharmacy, Inc. Case No. BC5051 76 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. 1 . am over the age of 18 years and am not a party to this action. My business address is 310 Golden Shore, Fourth Floor, Long Beach, California 90802. On May 15, 2013, I served the foregoing document described as SUMMON AND CROSS- COMPLAINT on interested parties in this action by placing a true copy thereof enclosed in sealed envelopes as follows: SEE ATTACHED SERVICE LIST (By U.S. Mail) I am readily familiar with my employer’s business practice for collection and processing of correspondence for mailing with the United States Postal Service, I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter is more than one day after date of deposit for mailing in affidavit. I deposited such envelope(s) with postage thereon fully prepaid to be placed in the United States Mail at Long Beach, California. El (By Facsimile) I served a true and correct copy by facsimile pursuant to C.C.P. 1013(e), calling for agreement and written confirmation of that agreement or court order, to the number(s) listed above or on attached sheet. Said transmission was reported complete and without error. (By Personal Service) I caused to be delivered by hand by to the interested parties in this action by placing the above mentioned document(s) thereof in envelope addressed to the office of the addressee(s) listed above or on attached sheet. (By Overnight Courier) I served the above referenced document(s) enclosed in a sealed package, for collection and for delivery marked for next day delivery in the ordinary course of business, addressed to the office of the addressee(s) listed above or on attached sheet. El (By E-Mail) I transmitted a copy of the foregoing documents(s) via e-mail to the addressee(s). EJ (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 0 (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 made. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on May 15, 2013, at Long Beach, California. _-TRACY G(JY ’ _ - ) 6 EXHIBIT A - PAGE 000045 10 11 12 13 14 15 16 17 18 19 20 21 22 r 23 24 (25 N26 (:27 .28 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 46 of 106 Page ID #:48
  47. 47. 1 Younani v. New England Compounding Pharmacy, Inc. Case No. BC5051 76 2 3 SERVICE LIST 4 Corinne Elfassi, Esq. Attorneys for Plaintiff Simon Resnik Hayes, LLP 6 15233 Ventura Blvd., Ste. 250 Sherman Oaks, CA 91403 7 (818)783-6251 Fax: (818) 783-6253 8 Email: Corinne(srh1aw.com 9 10 11 12 13 14 15 16 17 18 19 20 21 22 r23 24 25 26 27 28 EXHIBIT A - PAGE 000046 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 47 of 106 Page ID #:49
  48. 48. EXHIBIT A - PAGE 000047 Case 2:13-cv-05446-BRO-AGR Document 1 Filed 07/29/13 Page 48 of 106 Page ID #:50
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