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Electronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon CAUSE NO. CL-22-4954-EVALERIE PAZ IN THE COUNTY COURT Plaintiffvs. AT LAW NO. 5OMAR ESCOBEDO IZAGUIRRE ANDERIKA JOANNA PENA, Defendant HIDALGO COUNTY, TEXAS F’ PAZ,R IN RTO OMAR ESCOBEDO IZAGUIRRE and ERIKA JOANNA PENA, Defendants, by and through their counsel of record: Joe Reyna VIDAURRI, RODRIGUEZ & REYNA, L.L.P. 202 North 10" Avenue Edinburg, Texas 75541 C. Brandon Holubar CHAVEZ LEGAL GROUP 11900 N. 26™ Street, Suite 200 Edinburg, Texas 78539 COMES NOW, VALERIE PAZ, Plaintiff in the above entitled and numberedcause, and serve these Required Initial Disclosures to Defendants OMARESCOBEDO IZAGUIRRE and ERIKA JOANNA PENA. Respectfully submitted, LAW OFFICES OF ROJELIO GARZA 4405 N. McCOLL ROAD MCALLEN, TEXAS 78504 (956) 664-0009 TELEPHONE (956) 664-2028 FACSIMILE Email: attorneyrgarza@yahoo.com BY. Df) ROJE GARZA Texas State Bar No. 07742900 ATTORNEY FOR PLAINTIFFElectronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon CERTIFICATE OF SERVICE I, ROJELIO GARZA, on the 18th day of January, 2023, do herebycertify that a true and correct copy of Plaintiff's, VALERIE PAZ, Required InitialDisclosures to Defendants, OMAR ESCOBEDO IZAGUIRRE and ERIKAJOANNA PENA, were forwarded to the following counsel of record:Via E-FILING and E-SERVE:Joe ReynaVIDAURRI, RODRIGUEZ & REYNA, L.L.P.202 N. 10™ Ave.Edinburg, Texas 78541Telephone No. (956) 381-6602E-mail : jreyna@vrrtxlaw.comATTORNEY FOR DEFENDANTOMAR ESCOBEDO IZAGUIRREC. Brandon HolubarCHAVEZ LEGAL GROUP11900 North 26" St., Suite 200Edinburg, Texas 78539Telephone: (956) 289-2199E-mail : hol r@chavezle Igroup. mEmail: adrian.leal@chavezlegalgroup.comATTORNEY FOR DEFENDANTERIKA JOANNA PENA « ROJELI |ARZA Texas State Bar No. 07742900 ATTORNEY FOR PLAINTIFFElectronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon Cm P Al E PAZ, AL DIREQUIRED INITIAL DISCLOSURE 1) The correct names of the parties to the lawsuit; N .:a) Valerie Paz - Plaintiffb) Omar Escobedo Izaguirre - Defendantc) Erika Joanna Pena - DefendantRE D_INITIA RE:2) the name, address, and telephone number of any potential parties;RESPONSE:a) Valerie Paz 1200 San Francisco Street San Juan, Texas 78589 (956) 685-6750b) Omar Escobedo Izaguirre 6707 Apache Circle Donna, Texas 78537 Telephone Unknownc) Erika Joanna Pena 1309 E. Camelia Ave., Unit D Mcallen, Texas 78501 (956) 445-3725REQUIRED INITIAL DISCLOSURE 3) the legal theories and, in general, the factual bases of the respondingparty’s claims or defenses (the responding party need not marshal allevidence that may offered at trial);RESPONSE:Please refer to Plaintiff's Original Petition. The legal theory is that ofnegligence on the part of the Defendant, ERIKA JOANNA PENA, failedto control her speed and struck a another vehicle from behind.RE IRE NITIAL DI RE:4) computation of each category of damages claimed by the respondingparty - who must also make available for inspection and copying thedocuments or other evidentiary material, unless privileged or protected fromdisclosure, on which each computation is based, including materials bearingon the nature and extent of injuries suffered;Electronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon RESPONSE: Valerie Paz .: $ 42,191.11 Loss Wages .: $ 204.00 The damages are a summation of Plaintiff’s medical expenses incurred to date as a result of the accident made the basis of this lawsuit. Ri IRED I L DI RE: 5) the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case; RESPONSE: a) Dr. Dani Talamantez, D.C. S.T.A.R. Chiropractic Center 2114-A N. 10" Street McAllen, Texas 78501 (956) 682-8300 and/or Custodian of Records b) Dr. Luis c. Juarez, Jr., D.C., PA-C CORE Chiropractic 3203 W. Alberta Rd. Edinburg, Texas 78539 (956) 627-5008 and/or Custodian of Recordsc) Dr. Joseph M. Koza, M.D. Rio Grande Regional Hospital 101 E. Ridge Rd. McAllen, Texas 78503 (956) 632-6000 and/or Custodian of Recordsdq) Employees, staff, agents and/or representatives of: ChartSwap 2951 Marina Bay Drive, Suite 130-132 League City, Texas 77573 (855) 879-7927 and/or Custodian of Recordse) Employees, staff, agents and/or representatives of: Oxbow Emergency Physicians, PLLC Rio Grande Regional Hospital-24 Hour Emergency CareElectronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon 200 E. Expressway 83 San Juan, Texas 78589 (956) 782-3300 and/or Custodian of Records f) Employees, staff, agents and/or representatives of: City of Pharr, EMS 200 E. Expressway 83 San Juan, Texas 78589 and/or Custodian of Records 9) Ajeesha Abraham, R. Ph. ASP Cares Pharmacy 1401 E. Ridge Rd., Unit B McAllen, Texas 78503 (956) 284-6687 and/or Custodian of Records h) Officer Juan M. Hernandez, ID. #9149 Pharr Police Department 1900 S. Cage Bivd Pharr, Texas 78577 (956) 402-4700 and/or Custodian of Recordsi) Valerie Paz 1200 San Francisco Street San Juan, Texas 78589 (956) 685-0790 Plaintiffi) Omar Escobedo Izaguirre 6707 Apache Circle Donna, Texas 78537 Telephone Unknown Defendantk) Erika Joanna Pena 1309 E. Camelia Ave., Unit D Mcallen, Texas 78501 (956) 445-3725 DefendantElectronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon ) Daniel Izaguirre Address unknown Telephone unknown Witnessm) Merari Arizahi Garcia Address unknown Telephone unknown Witnessn) Claudia Patricia Flores-Fuentes Address unknown Telephone unknown WitnessExpert witness letters a) through g), if called to testify, may testifyabout Plaintiff's injuries, the medical treatment administered, x-rays, diagnosis, prognosis and/or serviced rendered as a result ofthe accident of June 28, 2022. They may also testify as to medicalbills and/or records which are attached and marked Exhibit #1.Plaintiff will introduce all medical exhibits as evidence on her claim.Expert witness letter h) is expected to testify as to his/her accidentreport and investigation and his opinion regarding the accident.His/Her accident report will be introduced as evidence.The Custodian of Records listed in letter 2) through h), if called totestify, may testify as to the verification of records contained withintheir files.Plaintiff, VALERIE PAZ, was a passenger in Defendant Driver's,ERIKA JOANNA PENA, vehicle and was involved in the subjectaccident and has knowledge of the pain and suffering she hasendured as a result of the accident which forms the basis of thislawsuit.Defendant, OMAR ESCOBEDO IZAGUIRRE, was involved in theaccident and has knowledge of the occurrence.Defendant, ERIKA JOANNA PENA, was involved in the accident andhas knowledge of the occurrence.DANIEL IZAGUIRRE, was a passenger in Defendant Driver's, OMARESCOBEDO IZAGUIRRE, vehicle and has knowledge of theoccurrence.Electronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon Witness, MERARI ARIZAHI GARCIA, was involved in the accident and has knowledge of the occurrence. Witness, CLAUDIA PATRICIA FLORES-FUENTES, has knowledge about the accident.RE IR AL DI RE:6) a copy - ora description by category and location - of all documents,electronically stored information, and tangible things that the respondingparty has in its possession, custody, or control, and may use to support itsclaims or defenses, unless the use would be solely for impeachment;RESPONSE:Please refer to copies of medical bills and/or reports attached andmarked Exhibit #1. Plaintiff will introduce all medical exhibits asevidence of his claim. Additionally, please refer to a copy of theAccident Report attached and marked Exhibit # 2. Also, please referto atiached color copies of photographs.REQUIRED INITIAL DISCLOSURE7) any indemnity and insuring ag reements described in Rule 192.3(F);RE: .:None.R D INITIAL D: R8) any settlement agreements described in Rule 192.3(g);RESPONSE:None.RE IR) ITIAL D RE:9) any witness statements described in Rule 192.3(h); Pi .:None.R IRED IN DISCL' RE:10) ina suit alleging physical or mental injury and damages from theoccurrence that is the subject of the case, all medical records and bills thatare reasonably related to the injuries or damages asserted or, in lieuthereof, an authorization permitting the disclosure of such medical recordsand bills;Electronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E. FalconRESPONSE:Please refer to a copies of the medical bills and/or records attachedand marked Exhibit #1. Plaintiff will introduce all medical exhibitsas evidence on her claim. TIRED D. E11) in a suit alleging physical and mental injury and damages from theoccurrence that is the subject of the case, all medical records and billsobtained by the responding party by virtue of an authorization furnished bythe requesting party; andRESPONSE:Please refer to a copies of the medical bills and/or records attachedand marked Exhibit #1. Plaintiff will introduce all medical exhibitsas evidence on her claim. Plaintiff is willing to execute anauthorization upon being provided with same.RE RED I L RE:12) the name, address, and telephone number of any person who may bedesignated as a responsible third party.RESPONSENone.Electronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E. FalconFERRER EERE REE RARER EEE RARER AREA R AEE RARER REAR EERE EEEEEREAAE EERE EEE EEEVALERIE PAZ 22-99941200 SAN FRANCISCO STREETSAN JUAN TEXAS 78589 11-03-22FEE CII IO RIE EERE EEE EEE MEDICAL EXPENSESPHYSICIANS/MEDICAL FACILITIES AMOUNTSTAR CHIROPRACTIC $1,350.00CORE CHIROPRACTIC $6,535.00RIO GRANDE REGIONAL HOSPITAL $30,171.79CHARTSWAP(itemized) $23.45CHARTSWAP(medical records) $105.08OXBOW EMERGENCY PHYSICIANS. $2,260.00CHARTSWAP(itemized) $32.79PHARR EMS $1,165.00PHARR EMS(invoice) $50.00PRESCRIPTIONSASP CARES $498.00 TOTAL EXPENSES: $42,191.11 EXHIBIT#I1AM® @ Electronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk Accepted by: ~Falcon Statement of Account S.T.A.R. CHIROPRACTIC 2114.N. 10TH ST. SUITE A MCALLEN, TX. 78501 NUN | Page# (956) 682-8300, 12207 VALERIE A. PAZ fo D: pene 1200 SAN FRANCISCO ST SAN JUAN, TX 78589 - 08/09/2022 Date For Description Ref Charges Credits06/29/2022 VALERIE 99203 COMPREHENSIVE EXAM 17388 195.0006/29/2022 VALERIE 97014 ELECTRICAL STIMULATION 17388 50.0006/29/2022 VALERIE 97010 HEAT/COLD PACKS 17388 25.0006/29/2022 VALERIE 97124 VIBRATING MASSAGE 17388 40.0006/29/2022 VALERIE 97039 INFRASOUND(low frequency) 17388 35.0006/30/2022 VALERIE 97014 ELECTRICAL STIMULATION 17388 50.0006/30/2022 VALERIE 97010 HEAT/COLD PACKS 17388 25.0006/30/2022 VALERIE 97124 VIBRATING MASSAGE 17388 40.0007/05/2022 VALERIE 99214-25 REPORT OF FINDINGS 17388 175.0007/05/2022 VALERIE 98940 MANIPULATION 1-2 AREAS 17388 65.0007/05/2022 VALERIE 97014 ELECTRICAL STIMULATION 17388 50.0007/05/2022 VALERIE 97010 HEAT/COLD PACKS 17388 25.0007/05/2022 VALERIE 97124 VIBRATING MASSAGE 17388 40.0007/05/2022 VALERIE 97039 INFRASOUND(low frequency) 17388 35.0007/06/2022 VALERIE 97014 ELECTRICAL STIMULATION 17388 50.0007/06/2022 VALERIE 97010 HEAT/COLD PACKS 17388 25.0007/06/2022 VALERIE 97124 VIBRATING MASSAGE 17388 40.000-30 Days Ds Current ness lance Due Notese @ Electronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E- Falcon Statement of Account S.T.A.R. CHIROPRACTIC 2114.N. 10TH ST. SUITE A Page# MCALLEN, TX. 78501 AACCOL 10. (956) 682-8300, 12207 VALERIE A. PAZ 1200 SAN FRANCISCO ST SAN JUAN, TX 78589 Date For Description Ref Charges Credits07/06/2022 VALERIE 97039 INFRASOUND(low frequency) 17388 35.0007/07/2022 VALERIE 97014 ELECTRICAL STIMULATION 17388 50.0007/07/2022 VALERIE 97010 HEAT/COLD PACKS 17388 25.0007/07/2022 VALERIE 97124 VIBRATING MASSAGE 17388 40.0007/07/2022 VALERIE 97039 INFRASOUND(low frequency) 17388 35.0008/01/2022 VALERIE 99080 NARRATIVE REPORT 17388 150.0008/01/2022 VALERIE 99499 MEDICAL RECORDS 17388 50.000 Days 0 Di 0 | Current Du noo ist jue me $1360.00 $0.00 $0.00 $0.00 $0.00 $1 360.00 Notes® @ Electronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon South Texas Accident Rehab Dr. Dani Talamantez, D.C. 1400.N. Westgate, Ste. 103 Weslaco, Texas 78596 Tel: (956) 972-2229 Fax: (956) 973-2235 Preliminary Report Date of Consultation b 95-2Patient's Name Va laces begs” B z G27 kimpeType of Accident: Siip/Fall() M.V.A. Pedestrian ( ) OtherDriver ( ) enget ER d ~ S Juche Ceduol Airba pp es] —_ —— -92 A. Feral Comp. CHC St fe Ren Cervical Dist. ( ) Shdr.Dep.(}<* = Mi gram’s() Degrees ( ) Sir( ) :P Fabre( .) Y (/ beh bee Ranges of Motion Mildly, Moderate, nSnese Other ‘Iyu Ken ~ e~_ X-Rays Not Performed Due To( ) je 0 vee Read by Dr, ROR O/\ _ MRI of the ‘Was Taken At On Patient, —~ le, Ld- YS/ eo. ® Electronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk “Accepted by: Sandra E. Falcon STAR CHIROPRACTIC CENTER Patient Name: a ere Ams Can Paz Date: /,- 9-22 Date of Birth: S- 5-03 Diagnosis: eee clc Segmental Dysfunction, SP/ST, __1 Thoracic SP/ST; —Tamber —“ ae Aim toner SPST __UR Hand/ Wrist SP/ST, —HA’s, ___Head Contusion, __(Chést Wall Contusion, chin tt Other: 4llax~- ae ae@ Electronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk _ Accepted by: Sandra E. Falcon STA CHIROPRACTIC South Texas Accident Rehab Work-Auto-Personal Injury Dr. Dani Jglamantez, D.C. S.TA.R. PC EMS($35) EX REHAB($72)Va ere Hm2 (ari Pave, B-P($25) | MYOFASC($50) IK($35) ROK($175) nT Daily Progress Notes MANDGSS) ital A Date: G Jxa2 ben, Please indicate your pain: 0123 456 7@) 10 Remarks Change of condition, any accidents, falls or new trauma: pahent scpatts Tevet pris te ore 7 Nnentled\ @con_aleney £ _Sioarp Crcampn Aber back +e Sos Net b rhoos eA bw BLED MASS PMANIP See ee ‘OFASC /ROF Wico ueciclonk con hy Pier. yr nen Initials I? i Date: ZS=2a br Loy, Please indicate your pain: 0 123 4 Peas Remadks— Changs of condition, my accidents, falls ornew tum: eabeak wpcebs OO Sas > (EXMASD —ch spine 2 Freaent wouscle Sogsms. trk tes the EX REHAB/ MYOFAS! bbe nn, CI-G CT, G OV /LE SE Fee eo Wace OD 17 pot 72) — ate roar 0123 1 CB 8 9 0 Remarks — Change of condition, ny acids, falls or new trauma: pakcot clo Nahlrr tp beth ss, side ef ner raya —aifi.col ay ‘ MS HP /IF / MASS4 MANIP MYOFASC / ROF cating Hl laa be com bg 2114-A North 10th Street - McAllen, Texas 78501 - Ph (956) 682-8300 + Fax (956) 682-8304® Electronically Submitted 1/18/2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon STA CHIROPRA CTIC South Texas Accident Rehab Work-Auto-Personal Injury Dr. Dani jjalamantez, D.C. STAR. PC EMS($35) EX REHAB(S72) B:P($25) + MYOFASC(S50) IF($35) ROKF($175) Val v Arvatrany par MASS($40)w Daily Progress Notes MANIP(S55) Initials ahha a u Ton) Please indicate your pain: 0 23 eet 9 10 Remarks — Change of condition, any accidents, fills ornew trauma: _yolre nk desc inbred! —\h lbs” pain is onodrrcile- Sey 9 = corhhye = | QiSaas re gaaee Chase /ROF / aoe dea bn er yncidenl ¢ al, Nee: es es masaAPi Date: Please indicate your pain: 012345678910 Remarks Change of condition, any accidents, falls or new trauma: ———————___EMS /H-P/ IF / MASS / MANIPEX REHAB / MYOFASC/ROF ii Date: Please indicate your pain: 0123456789 10 Remarks Change of condition, any accidents, falls or new trauma: —_—————$—_—_______. OUEMS / H-P / IF / MASS / MANIP EX REHAB / MYOFASC /ROF Initials, her 2114-A North 10th Street - McAllen, Texas 78501 - Ph (956) 682-8300 + Fax (956) 682-8304Electronically SubmittedParallon Fax Server e' Qro2z 10:34:21 AM CDT u® 2/021 Fax Serv. /2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon Jun. 29. 2922 4:33FM STAR C-ZROFRAC™°C \o. E1E F 1 $s T A R Cc HIROPRACTIC ~ae South Texas Accident Rehab e2TaAr Work-Auto-Perseonal Injury Dr. Dani Talamantez, D.c. MEDICAL AUTHORIZATION To Whom It May Concem: KGR S21 Juan This letter will constitute your authority to release to $.T.A.R. Chiropractic te Center, or their authorized representatives, any and all medical concerming examinations and information treatment of including hospital records, reports, x-rays, diagnostic sdies, boratory slides, clinical abstracts, histories, charts, physicians’ notes and any end all other records or information, docume nts and opinions relevant to my past, present or future physic al or mental condition, treatment, care or hospitalizations and any bills, statements of services and charges related thereto. This authorization specifical ly authorizes Dr. Talam antez, D.C.to disclose HIV test results or diagnosis of AIDS and AIDS-related condi tions. A copy of this authorizationis agreed by the unders to ig have ne the d samc effe ‘ect and force as an original. This authorization, or a copy thereof rescinds any prior authorizations and it is specifically requested that no records or reports of any kind are to be released to anyone other than my doctors. Dated: b-ds-a>. Patient Signature; ‘Date of Birth: ee. ie 8.8. #: (037- 86—-Yloy Date of Injury: Co K-22. 2114-4 North 10th, Street . McAllen, Texas 78501. Ph (956) 682-83 00 . Fax (956) 682-8304Electronically SubmittedParallon Fax Server © oor 10:34:21 AM CDT uv® 3/021 Fax Serv 1/2023 4:14 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon RIO CRANDE RECIONAL HOSPITAL (COCRR) EMERGENCY PROVIDER REPORT REPORT# : 0628-0090 REPORT STATUS: Signed DATE:06/28/22 TIME: 0900 PATIENT: PAZ, VALERIE UNIT #: HAQL285030 ACCOUNT#: HA1025194335 ROOM/BED: AGE: 19 SEX: P PCP PHYS: No Primary or Family Physician SERVICE DT: 06/28/22 AUTHOR: Koza,Joseph M MD * ALL edits or amendments must be made on the electronic/computer document * HPIELMVC General Confirmed Patient Yes Initial Greet Date/Time 06/28/22 0839 Presentation Chief Complaint Head pain, Neck pain, Extremity Pain Hx Obtained From Patient, FMS. Onset Occurred Just prior to arrival Assoc! wi Reports: Headache ("stuffiness"), Neck pain. Denies: Abdominal pain, Amnesia, Chest pain, Confusion, Difficulty breathing, Fever, Inability to bear weight, Loss of consciousness, Nausea, Neuro symptoms pre-arriv, Numb extremity, Pain on walking, Seizure, Shortness of breath, Syncope, Unable to walk, Vision change, Vomiting, Weak extremity. Free Text HPI Notes Free Text HPI Noles 19-year-old female brought in by EMS status post MVC. C-collar in place upon arrival. Patient complaining of neck pain and left shoulder/arrv/elbow pain. States restrained front passenger of vehicle that was traveling about 55 mph when vehicles for look into a stop due to anot! accident and she hit the back end of another vehicle and then the vehicle behind her hit her. States no airbag deployment, ambulatory at scene. Patient states that the pains are aching, nonradiating, constant, worsens with movement or position and better with rest. No other complaints. Patient unsure if pr nant. Patient denies LOC but states feels dazed after hitting her head against the seat. Denies pain post states her head feels stuffy. Risk-MVC Risk Stratification Nexus C-Spine Cr Post midline tenderness. No: Intoxicated, Altered LOC/alertness, focal neuro deficit pres, Disractin in, jury | pres, ore: X is!” Page 1 of 10 a “) Patient:PAZ, VALERIE MRN:HA01286030 Encounter:HA1026194335 Page 1 of 10Electronically SubmittedParallon Fax Server © 2022 10:34:21 AM CDT rao® 4/021 Fax Sen 1/18/2023 4:14 PM County Clerk Accepted by: Sandra E. Falcon Patient: PAZ, VALERIE Unit#:HA01285030 Date:06/28/22 Acct#: HA1025194335 Copyright Sir Graham Teasdale Copyright Sir Graham Teasdale Versaopel response: ning: (4) Spontaneous (5) Oriented Best motor response: (6) Obeys commands GCS Score: 15 Review of Systems ROS Statements I systems rev & neg except as marked. 1. . - Stated int MVC Alle: Coded All No Known Allergies (06/28/22) Calculated Suicide Risk (nurs) No risk rf: rebests no significant: Past medical history, Past surgical history, [amily history, Social Smoking status for patients 13 years old or older: Never Smoker Physical Exam wines First Documented Result Date Time Pulse Ox B/P Mean 106 | 06/28 087. O72 Delivery Room air [06/28 0843) Temp 37.0 [06/28 0843 | Pulse 87 [06/28 0843 Resp Zz Last Documented: Result Date Time Pulse Ox 98 | 06/28 0843 B/P Mean 106 |O6/28 0843 Page 2 of 10 Patient:PAZ, VALERIE MRN:HAO1286030 Encounter:HA1026194335 Page 2 of 10Electronically Submitted (2023 4:14 PMParallon Fax Server © @202 10:34:21 AM CDT rv@® 5/021 Fax Se: jo County Clerk Accepted by: Sandra E. Falcon Patient: PAZ, VALERIE Unit#:HA01285030 Date :06/28/22 Acct#: HA1025194335 a Delivery Roo! m air |06/28 0843) 37.0 [06/28 0845 ise Resp 20 [06/28 0843) Review of Vital Signs Revicwcd Focused PE = General/Const General/Const Awake, Alert, No acute distress, Well appearing, Cooperative, Not toxic MeHeadHeadAtraumatic, Normocephalic Eyes PERRL, EOM Ears/Nose/Throat Atraumatic, Airway patent, Mucous membranes moist, Pharynx NL, No pooling of secretions, No trismus, Tympanic membs NL, Ext aud canal NL, Mastoid area NL, Nose exam NL, No sinus tenderness, No facial swelling, Gums/dentition NL N Neck Supple, No meningismus, Full range of motion, No swelling, No masses, No crepitus, No JVD, No tracheal deviation jusct }ess Midline tenderness mid, Midline tenderness low, Paraspinal R, Paraspinal L, Trapezius L. Negative: Midline tenderness high, Sternoclcidomastoid R, Sternocicidomastoid L, Submandibular R, Submandibular L, Trapezius R. /Chest Atraumalic, Breath sounds NL, Breath sounds = bilal, No respiralory distress, No rales, No rhonchi, No wheezing, No retractions, No stridor, No chest tenderness, No c hi est wall deformity, No crepitus Cardiovascular ** Cardiovascular Heart rate NL, Re ular rhythm, Heart sounds NL, No gallop, No murmurs, No rubs, Cap refil not delayed, Peripheral circulation NL, Pulses = bilaterally Abd 1 Abdomen/G! Atraumatic, Soft, Non-tender, McBurney's non-tender, No guarding, No rel bound, BS normoactive, No distention, No palpable mass, No pulsatile mass M! Back Atraumatic, Inspection NL, Full range of motion, Painless range of motion, Non-tender, No midline vertebral tend, No paraspinal tenderness, No muscle spasm, No CVA te! NCSS MS Page 3 of 10 Patient:PAZ, VALERIE MRN:HA01285030 Encounter:HA1026194335 Page 3 of 10Electronically SubmittedParallon Fax Server © @2022 10:34:21 AM CDT w® 6/021 Fax Seryui 1/2023 4:14 PM jo County Clerk Accepted by: Sandra E. Falcon Patient: PAZ, VALERIE Unit#:HA01285030 Date :06/28/22 Acct#: HA1025194335 Clavicle/Shoulder Girdle fed jeformity L, AC i ot int swollen R, AC joint swollen L, AC Negative: Clavicle swellin, Clavicle swelli L, Clavicle tender R, Clavicle tender L, Clavicle deformity R, Clavic! lig ae AC lig ten rk. it er Negative: Swelling present, Tenderness present, Ecchymosis present, Erythema p1 Warmth present, ROM reduced, Joint cffusion present, Dcformity pr eseni it, Deformity c/w ant disloc, juction reduced, Can't hold at 90 deg abd, Deltoid sensory di icit, efi Open fracture present, Pulses distal absent, Pulses distal decreased, Neuro deficit present. Left Shoulder Tenderness present. Ni ive: Swelling present, Foch osis present, Frythema present, Warmth present, ROM rt luced, Joint effusion present, formity pri eseni it, Deformity c/w ant disloc, duction reduced, Can't hold at 90 deg abd, Deltoid sensory d icit, Open fracture ef present, Pulses distal absent, Pulses distal decreased, Neuro deficit present. Negative: Swelling present, Tenderness present, Ecchymosis ; present, Erythema present, Warmth present, Deformity humerus prox, Deformi humerus mid, Deformi humerus it, Pulse brachial absent, Pulse brachial decreased, Pulses distal distal, Open fractu re abeert Fuse distal I decreas|, Neuro deficit present. Tenderness present. Negative: Swelling present, Ecchymosis present, Erythema present, Warmth present, Deformity humerus prox, Deformity humerus mid, Deformity humerus absent, Pulses distaldec distal, Open fractu re present, Pulse brachial absent, Pulse br
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Matter on the Law & Motion calendar for Monday, August 12, 2024, Line 8. DEFENDANT MAVENFORM, INC. DBA PATHRISE, LEIF TECHNOLOGIES, INC, LEIF SERVICING, LLC's Motion To Compel Arbitration And Stay Proceedings. Defendants Mavenform, Inc. dba Pathrise (Pathrise), Leif Technologies, Inc. and Leif Servicing, LLC's (collectively, Leif) motion to compel arbitration and stay proceedings is denied. (The Court's complete tentative ruling has been emailed to the parties.) For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
GRACIAN vs AGUILAR
Aug 12, 2024 |CVSW2400656
MOTION TO BE RELIEVED ASCVSW2400656 GRACIAN VS AGUILARCOUNSEL FOR ADELA MEDINA RUIZTentative Ruling:The Motion is GRANTED. Counsel will be relieved once this order is served and proof ofservice of same is returned to the court.
Ruling
B. A. VS BILLY VALDIVIA, ET AL.
Aug 14, 2024 |24NWCV00084
Case Number: 24NWCV00084 Hearing Date: August 14, 2024 Dept: C B. A. vs Billy Valdivia, et al., Case No.: 24NWCV00084 This is a sexual abuse case. Plaintiff B.A. and Defendants Efren Martinez and Graciela Ortiz jointly apply ex parte for an order shortening time to hear (1) Defendants demurrer to Plaintiff, B.A.s First Amended Complaint and (2) Plaintiffs request for an order shortening time to hear Plaintiffs Motion to Compel Further Responses from the Huntington Park Police Department, a third party. Defendants demurrer is currently scheduled for hearing on March 13, 2025. Plaintiffs motion to compel further responses is scheduled to be heard on May 7, 2025. Trial is not currently set in this matter. Defendants Martinez and Ortiz are both candidates in the November of 2024 general election. Defendant Martinez contends there are ads being run against him which ask voters to impute negative character traits to him based on the allegations of the complaint. (App., p. 2.) Defendants contend that if this motion is not heard before the election, they will suffer irreparable injury to their political campaigns which are incapable of being remedied. Plaintiff contends that if her motion is not heard sooner she will suffer irreparable harm to her causes of action because she will be forced to wait nearly a year to get the necessary business records to identify witnesses and participants in the events surrounding the conduct of Billy Valdivia. Third party City of Huntington Park argues Plaintiff has failed to demonstrate irreparable harm. The ex parte application is GRANTED. Although Plaintiff has not demonstrated irreparable harm, the Court exercises its discretion to advance Plaintiffs motion to compel further responses. Accordingly, Defendants demurrer to Plaintiff, B.A.s First Amended Complaint is ADVANCED from March 13, 2025 to todays date and CONTINUED to October 10, 2024 at 9:30 a.m. in Dept. SE-C. Plaintiffs Motion to Compel Further Responses is ADVANCED from May 7, 2025 to todays date and CONTINUED to December 3, 2024 at 9:30 a.m. in Dept. SE-C. Defendants to give notice.
Ruling
JAMES PARKER, AN INDIVIDUAL VS LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, A PUBLIC ENTITY, ET AL.
Aug 13, 2024 |22STCV11018
Case Number: 22STCV11018 Hearing Date: August 13, 2024 Dept: W JAMES PARKER V. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, et al. DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITYS MOTION TO COMPEL DEFENSE NUEROLOGICAL EXAMINATION OF PLAINTIFF JAMES PARKER Date of Hearing: August 13, 2024 Trial Date: None set. Department: W Case No.: 22STCV11018 Moving Party: Defendant Los Angeles County Metropolitan Transportation Authority Responding Party: No opposition. Meet and Confer: Yes. (Cole Decl. ¶6.) BACKGROUND On April 4, 2024, Plaintiff James Parker filed a complaint against Defendant Los Angeles County Metropolitan Transportation Authority (LACMTA) and John Doe for motor vehicle negligence and general negligence. Plaintiff alleges in August 2021, while operating his bicycle, a LACMTA bus came into contact with Plaintiff after the LACMTA driver, John Doe, illegally crossed the intersection. [Tentative] Ruling Defendant Los Angeles County Metropolitan Transportation Authoritys Motion to Compel Defense Neurological Examination of Plaintiff James Parker is GRANTED. discussion Defendant LACMTA moves this court for an order compelling Plaintiff James Parker to appear, without objection, for a defense neurological examination, pursuant to Code of Civil Procedure section 2032.220, at the offices of Edwin Amos, M.D., 2021 Santa Monica Blvd., Suite 525E, Santa Monica, CA 90404, on a date and time earliest available to the doctor. Defendant LACMTA also asks this court to impose sanctions on Plaintiff James Parker. Except for defense physicals in personal injury cases (in which one examination is permitted as a matter of course) and exams arranged by stipulation, a court order is required for a physical or mental examination. Such order may be made only after notice and hearing, and for good cause shown. (CCP §2032.320(a).) The examination will be limited to whatever condition is in controversy in the action. (CCP §2032.020(a).) This means the examination must be directly related to the specific injury or condition that is the subject of the litigation. (Roberts v. Superior Court (1973) 9 Cal.3d 330, 337.) Plaintiff previously appeared for a medical examination with Defendants orthopedic expert, Kevin M. Erhardt, M.D. (Cole Decl. ¶4.) Later at Plaintiffs deposition Plaintiff testified to prolonged memory loss. (Cole Decl. ¶5, Exh. B.) Thereafter, the parties agreed for Plaintiff to attend a second defense examination with neurologist Edwin Amos, M.D. for June 11, 2024. (Cole Decl. ¶6, Exhs. D, E.) Plaintiff served no objections and on June 10, 2024, Plaintiffs counsel confirmed that his client would attend the examination as noticed. (Cole Decl. ¶6, Exh. F.) However, Plaintiff failed to appear for the appointment. (Cole Decl. ¶6.) Dr. Amos submitted an invoice for his standard no-show fee of $750.00, which LACMTA has paid. (Cole Decl., ¶6, Exh. G.) LACMTA contacted Plaintiffs counsel advising him on the no show and requested to reschedule the examination. (Cole Decl. ¶6, Exh. H.) However, LACMTA has received no response. (Cole Decl. ¶6.) The court finds good cause to compel the neurological examination of Plaintiff Parker. Mr. Parker has claimed serious neurological injuries. Moreover, Mr. Parker originally agreed to participate in the neurological examination yet chose not to appear. Plaintiff did not file any opposition to the motion or otherwise dispute the injuries claimed have necessitated an additional examination by a neurologist. Accordingly, the Motion to Compel Defense Neurological Examination of Plaintiff James Parker is GRANTED.
Ruling
CORNELIUS MURPHY ET AL VS. 3M COMPANY ET AL
Aug 13, 2024 |CGC23277169
(Part 2 of 2) (Tentative ruling continued from previous entry.) 9. A further case management conference is set for October 15, 2024, at 1:30 p.m. a. Case management conference statements are not required. b. Parties may appear at the conference by zoom. c. If the parties agree that no CMC is necessary, they shall notify the Court at least two court days before the hearing. 10. Plaintiffs will send a settlement demand to Defendants no later than October 21, 2024. Response to the settlement demand is due November 5, 2024. The parties shall separately submit confidential settlement demands/offers. This confidential value must be separately submitted to Department503@sftc.org via electronic mail on November 12, 2024. 11. A mandatory settlement conference is set for Thursday, November 21, 2024, at 9:30 a.m. in Department 503. Personal appearance is required by all unless a party is excused for good cause. A request to excuse a personal appearance must be submitted to Department503@sftc.org two weeks before the mandatory settlement conference. The prevailing party shall lodge with the clerk in Department 301 by the time set for this hearing a proposed order repeating verbatim the substantive portion of the tentative ruling. Any party wishing to contest the tentative ruling must email contestasbestostr@sftc.org by 4:00 p.m. on the day before the hearing and state their intention to contest. If a hearing is requested, it will be on August 13, 2024 at 9:30 a.m. Attorneys may appear in person or remotely. Face coverings are optional. Remote appearances must be arranged through CourtCall (1-888-88-COURT). No prior notice or permission is required. If a party wishes to have the matter reported, the parties must meet and confer to agree on only one court reporter, who must be licensed under Bus. & Prof. Code, sec. 8016. There will be only one official record. If the parties cannot agree, the Court will designate a qualified court reporter to provide the official transcript for the matter, and the party or parties will bear the cost. = (301/RCE)
Ruling
CAMILA LOPEZ MAGALLANES VS LOS ANGELES UNIFIED SCHOOL DISTRI
Aug 12, 2024 |BC684669
Case Number: BC684669 Hearing Date: August 12, 2024 Dept: 55 Tentative on Defendants Remaining Outstanding Motions in Limine (8/12/24) At the 11/18/2022, the Court ruled on some of Defendants motions in limine and deferred ruling on other motions in limine. The Court now tentatively rules as follows on Defendants motions: Defendants MIL No. 3 to Exclude Testimony of Elizabeth Banuelos, Karen Brown, and any Other Statements Lacking Foundation is denied. Defendants MIL No. 4 to Preclude Plaintiffs Counsel from Making Arguments that School District should do all that is possible to prevent accidents, or must comply with a standard that is higher than a reasonable person standard is denied. This is not a motion in limine as it does not seek exclusion or limitation of any evidence. Defendants MIL No. 6 to Exclude any Argument or Testimony that the Volunteer at the Front Office said Plaintiffs was a Cry Baby because the District is not liable for volunteers pursuant to case law; thus making the statement irrelevant under Sections 350 and 352, is denied. Defendant has provided no evidence demonstrating that the cry baby statement was made by a school volunteer as opposed to a school employee. Without such evidence, the statement appears to be a party admission that can come in through Mabel Gaeta, the individual who purportedly heard the statement. The Court has weighed the probative value of such evidence against the danger of undue prejudice and risk of necessitating undue consumption of time. The Court has determined that the probative value of such evidence is not substantially outweighed by the probability that its admission will necessitate undue consumption of time or create substantial danger of undue prejudice, confusing the issues, or misleading the jury. (EV. CODE § 352.) Notwithstanding the denial of this motion in limine, Defendant may renew the objection to the introduction of this evidence at trial, and the Court will rule on the evidentiary objection anew in the context of the other evidence that is presented at trial. Defendants MIL No. 7 to Exclude Excessive Gruesome Pictures of Plaintiff pursuant to Evidence Code Sections 350 and 352 is deferred. During the parties continued meet and confer regarding Plaintiffs exhibits, counsel shall discuss Plaintiffs proposed picture exhibits. If Defendant still objects to certain or all of the proposed picture exhibits, Defendant shall identify those proposed exhibits for the Court so the Court can make a ruling on this motion. Defendants MIL No. 8 to Exclude Evidence of Cracks Outside the Areas of the U.S. Map and Kickball court at Marvin Avenue Elementary School Playground pursuant to Evidence Code Sections 350, 352 is denied. The motion is not specific enough for the Court to make a meaningful order because Defendant does not specify any particular exhibit that contains evidence of cracks on the playground outside the area with the U.S. map and the kickball area. Nor does Defendant specify any particular witness who might testify about such cracks. Even if Defendant had specified specific evidence it intends to exclude, such evidence is relevant to Plaintiffs claim for dangerous condition of public property, and what constitutes a dangerous condition and notice of such a condition. The Court has weighed the probative value of such evidence against the danger of undue prejudice and risk of necessitating undue consumption of time. The Court has determined that the probative value of such evidence is not substantially outweighed by the probability that its admission will necessitate undue consumption of time or create substantial danger of undue prejudice, confusing the issues, or misleading the jury. (EV. CODE § 352.) Notwithstanding the denial of this motion in limine, Defendant may renew the objection to the introduction of this evidence at trial, and the Court will rule on the evidentiary objection anew in the context of the other evidence that is presented at trial. Defendants MIL No. 9 to Exclude Evidence of the Misleading Pictures and Video of the cracks, taken by Plaintiffs GAL on 4/20/2017, at Marvin Elementary School, pursuant to Evidence Code Sections 350, 352 is denied. The Court has weighed the probative value of such evidence against the danger of undue prejudice and risk of necessitating undue consumption of time. The Court has determined that the probative value of such evidence is not substantially outweighed by the probability that its admission will necessitate undue consumption of time or create substantial danger of undue prejudice, confusing the issues, or misleading the jury. (EV. CODE § 352.) Notwithstanding the denial of this motion in limine, Defendant may renew the objection to the introduction of this evidence at trial, and the Court will rule on the evidentiary objection anew in the context of the other evidence that is presented at trial. Defendants MIL No. 10 to Exclude Plaintiffs Neuroradiologist Bradley A. Jabour M.D. from testifying regarding advanced imaging techniques is deferred. The Court will take testimony from Dr. Jabour outside the presence of the jury to determine whether a sufficient scientific basis exists for Dr. Jabour to testify regarding opinions about this case based on DTI advanced imaging techniques. Defendants MIL No. 11 to Preclude Plaintiff from Referring to Head Injury Guidelines as Protocols is granted because the First Aid document is not entitled a protocol and thus it is confusing and unduly prejudicial to refer to it as such. Parties shall instead refer to the document by its title: LAUSD Student Health and Human Services Division, District Nursing Service First Aid Procedures or First Aid Procedures for short. As for the second document, entitled Information Regarding Head Injuries, that document is excluded per ruling on MIL No. 13. Defendants MIL No. 13 to Exclude Evidence of and reference to subsequent remedial measures, including documents entitled Information Regarding Head Injuries and Marvin Ave Elementary Protocol for Head Injuries, which were drafted after the incident, is granted. But such evidence may by used as impeachment evidence upon an offer of proof outside the presence of the jury. Defendants MIL No. 14 to Exclude Evidence and Argument that Caroline Lund was part of the School Site Crisis Team is denied. Defendants MIL No. 15 to Exclude any Evidence, Reports, and Testimony from Susan Fosnot, Ph.D and Defendants MIL No. 16 to Exclude any evidence from Vista Del Mar Child Family Service and Susan Fosnot because they were not properly disclosed during discovery are both deferred because the briefing on this motion was filed in 2021. Several additional depositions have taken place since that time, so the Court will hear from counsel about whether Defendant has had an opportunity to depose Dr. Fosnot and Karen Owens before ruling on these motions. Defendants MIL No. 17 to Exclude any Evidence related to the surveillance cameras at Marvin Elementary School pursuant to Evidence Code Section 350, 352 is denied. There is no Defendants MIL No. 18 Defendants MIL No. 19 to exclude any argument related to the School District allegedly withholding witness statements is granted. Defendants MIL No. 20 to exclude any testimony from Sharon Grandinette outside the scope of her expertise and expert designation, including testimony on traumatic brain injury is deferred. Counsel shall meet and confer regarding the scope of Grandinettes expected expert testimony. If Plaintiff maintains that Grandinette should be able to opine that the Plaintiff had a traumatic brain injury, then the Court will take testimony from Grandinette outside the presence of the jury to determine whether a sufficient basis exists for her to offer such an opinion given that she was designated as an expert as an educational consultant and she has no medical degree or medical training. Defendants MIL No. 21 to exclude evidence or mention of Jesus Melendez as a witness in the case is moot because Melendez does not appear on the most recent witness list, and thus will not be testifying at trial. Defendants MIL No. 22, filed 8/7/2024, is deferred because Plaintiff has not yet filed an opposition.
Ruling
HACKWORTH, et al. vs. BERKEY
Aug 14, 2024 |CVPO21-0197833
HACKWORTH, ET AL. VS. BERKEYCase Number: CVPO21-0197833This matter is on calendar for review regarding status of bankruptcy. As previously noted, theCourt is in receipt of a Stipulated Judgment in this matter. However, the Court remains withoutjurisdiction because this matter is currently stayed by the bankruptcy court. This Court will needan order granting the parties relief from the stay before this Court can execute the StipulatedJudgment. The parties have filed Case Management Statements indicating that the parties areseeking relief from the bankruptcy stay so that this matter may be resolved. This matter iscontinued to Tuesday, November 12, 2024, at 9:00 a.m. in Department 64 for review regardingstatus of bankruptcy. No appearance is necessary on today’s calendar.
Ruling
Rebecca Mead vs Reyes Noriega Jr et al.
Aug 13, 2024 |STK-CV-UPI-2022-0010844
Please use Case Management Search for Tentative Ruling(s).
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