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BRADLEY, CURLEY,
BARRABEE &
KOWALSKI, P.C.
1100 Larkspur Landing
Circle, Suite 350
CA 94999
TEL (415) 464-8888
FAX (418) 464-6887
ARTHUR W. CURLEY, BAR NO. 60902
PETER F. FINN, BAR NO. 267810
BRADLEY, CURLEY, BARRABEE
& KOWALSKI, P.C.
1100 Larkspur Landing Circle, Suite 350
Larkspur, California 94939
Telephone: (415) 464-8888
Facsimile: (415) 464-8887
Attorneys for Defendant
ALTERNATIVE FAMILY SERVICES, INC.
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SONOMA
(UNLIMITED JURISDICTION)
C.F. by and through her Guardian and No. SCV264540
Guardian Ad Litem SOLOMON FARR;
E.F. by and through her Guardian and
Guardian Ad Litem SOLOMON FARR;
S.F. by and through his Guardian and
Guardian Ad Litem SOLOMON FARR,
Plaintiffs,
ASSIGNED FOR ALL PURPOSES TO
HONORABLE PATRICK BRODERICK.
DEPARTMENT 16
DEFENDANT ALTERNATIVE FAMILY
SERVICES, INC.’S AMENDED NOTICE OF
MOTION AND MOTION TO COMPEL
INDEPENDENT MENTAL
EXAMINATIONS OF PLAINTIFFS
Vv.
MARK ZAPATA MARTINEZ; MARTHA
MARTINEZ; ALTERNATIVE FAMILY
SERVICES, INC.; and DOES 1 - 30,
Date: May 11, 2022
Time: 3:00 p.m.
Defendants. Dept.: 16
Complaint Filed: May 31, 2019
Trial Date: July 8, 2022
LL aaaeeaereserseeeseeeeserrereree
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on May 11, 2022, at 3:00 p.m. in Department 16 of the
above-entitled Court, located at 3035 Cleveland Avenue, Santa Rosa, CA 95403, Defendant
ALTERNATIVE FAMILY SERVICES, INC. (“AFS”) will and hereby does move the Court for an
order compelling the independent mental examinations (“IMEs”) of Plaintiffs C.F., E.F., and S.F.,
by and through their Guardian and Guardian Ad Litem SOLOMON FARR (collectively
“Plaintiffs”).
-1-
DEFENDANT ALTERNATIVE FAMILY SERVICES, INC.’S AMENDED NOTICE OF MOTION AND MOTION
TO COMPEL INDEPENDENT MENTAL EXAMINATIONS OF PLAINTIFFSom YD HM Bw N
NR NY N N NN NY NO we ee ie
YA WwW SB YBN = SOwMe ADA BwWNH DS
28
BRADLEY, CURLEY,
BARRABEE &
KOWALSKI, P.C.
1100 Larkspur Landing
Circle, Suite 350
Larkspur, CA 84939
TEL (415) 464-8888
FAX (415) 464-8887
This Motion is made pursuant to Code of Civil Procedure §§ 2032.020, 2032.310, and
2032.320. Good cause for IMEs of Plaintiffs exists because Plaintiffs have claimed in verified
responses to written discovery that they have suffered “severe psychological trauma” as a result of
the alleged negligence of AFS and, in turn, “will need ongoing therapy/psychological care, likely
for life.”
AFS requests the IMEs be taken by a date certain on a date(s) mutually agreed to by the
parties. The IMEs will be conducted by licensed psychiatrist HARVEY A. LERCHIN, M.D. at 250
Bel Marin Keys Blvd., Suite B-4, Novato, CA 94949. The proposed IMEs will consist of an
approximate 90-minute in-office assessment of each Plaintiff. This will be comprised of a clinical
interview eliciting information that may include each Plaintiff's social history, family history,
educational history, past medical history, current medical complaints, the history of the episode
leading to the mental distress, prior history of emotional distress and the history of the subsequent
course of the psychological condition and treatment. In addition, Dr. Lerchin may utilize play-
therapy methods. The proposed IMEs will also consist of an approximate 2 % hour in-office
informational interview with Plaintiffs’ biological father, SOLOMON FARR. (Only 1 such
information interview with Mr. Farr will be conducted collectively for all three Plaintiffs. The
interview of Mr. Farr shall be conducted first, to be followed in succession by each Plaintiff.)
This Motion is based on this Notice of Motion, the attached Memorandum of Points and
Authorities, the Separate Statement of Items in Dispute, the Declaration of Peter F. Finn, the
Declaration of Harvey A. Lerchin, M.D., the Request for Judicial Notice, the papers and records on
file herein, and on such oral and documentary evidence as may be presented at the hearing of the
Motion.
Dated: March 33, 2022 BRADLEY, CURLEY, BARRABEE &
KOWALSKI, P.C.
By:
Y PETER F. FINN
Attorneys for Defendant
ALTERNATIVE FAMILY SERVICES, INC.
-2-
DEFENDANT ALTERNATIVE FAMILY SERVICES, INC.’S AMENDED NOTICE OF MOTION AND MOTION
TO COMPEL INDEPENDENT MENTAL EXAMINATIONS OF PLAINTIFFS0 Oo IN DA HM BW DN
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IY A WwW FB WN | SO we NI DAH FF WN HY CO
28
BRADLEY, CURLEY,
BARRABEE &
KOWALSKI, P.C.
1100 Larkspur Landing
Circle, Suite 350
Larkspur, CA 94939
TEL (418) 464-8888
FAX (415) 464-8887
PROOF OF SERVICE
C.F, et al. v. Mark Zapata Martinez, et al.
Sonoma Superior Court, Case No. SCV264540
I, the undersigned, declare that:
lam employed in the County of Marin, State of California. I am over the age of 18 years
and not a party to the within action. My business address is 1100 Larkspur Landing Circle, Suite
350, Larkspur, CA 94939. My electronic service address is: koleary@professionals-law.com
On March 23, 2022, I served the attached:
DEFENDANT ALTERNATIVE FAMILY SERVICES, INC.’S AMENDED NOTICE OF
MOTION AND MOTION TO COMPEL INDEPENDENT MENTAL EXAMINATIONS OF
PLAINTIFFS
(XXX) BY ELECTRONIC SERVICE ONLY: Based on a mutual agreement between the
parties, and in accordance with Code of Civil Procedure § 1010.6, I caused the documents to be
sent electronically to the person(s) at the email address(es) listed below. I did not receive, within a
reasonable time after the transmission, any electronic message or other indication that the
transmission was unsuccessful.
Attorneys for Plaintiffs
Michael D. Green
Scott R. Montgomery
Abbey, Weitzenberg, Warren & Emery, P.C.
100 Stony Point Road, Suite 200
Santa Rosa, CA 95402-1566
Tel.: (707) 542-5050
Fax: (707) 542-2589
Email: mgreen@abbeylaw.com
smontgomery@abbeylaw.com
hnorton@abbeylaw.com
Attorneys for Plaintiffs
Johann Hall
The Law Office of Johann Hall
703 2™ Street, Suite 353
Santa Rosa, CA 95405
Tel.: (707) 360-8717
Fax: (707) 921-7378
Email: johann@jhallesq.com
Attorneys for County of Sonoma
Bruce D. Goldstein
Matthew Lilligren
County of Sonoma
575 Administration Drive, Room 105
Santa Rosa, CA 95403-2815
Tel.: (707) 565-2421
Email: matthew. lilligren@sonoma-county.org
Attorneys for Martha Martinez
Brian L. Hoffman
David Benton
Wood Smith Henning
10960 Wilshire Blvd. 18" Floor
Los Angeles, CA 90024
Tel.: (310) 481-7600
Email: bhoffman@wshblaw.com
ali.ostello@sonoma-county.org
dbentonewsholas com
mhernan ead wshblaw.com
nromo@wshblaw.com
Attorney for Mark Zapata Martinez
(Criminal)
Chris P. Andrian
Andrian & Gallenson
1100 Mendocino Avenue
Santa Rosa, CA 95401
Tel.: (707) 527-9381
Email: andgal.chris@sonic.net
PROOF OF SERVICE=
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed March 23, 2022, Larkspur, California.
Wait JL
‘Kimberly Nelson
oC om ay HAW FF WN
NH NY NY N NN NN me
IY DA WB Bw NH FF SO wy I Aw BF WN KE OO
28
BRADLEY, CURLEY,
BARRABEE &
KOWALSKI, P.C.
1100 Larkspur Landing
Circle, Suite 350
FAX (415) 464-6887
PROOF OF SERVICE
Preview
Co wen DMN FF WN —& NNN NN NNN S&B Be Be Se we ew em eB NY DA UW Fw NY KF CO WOH DH FF wWN FY CS 28 BRADLEY, CURLEY, BARRABEE & KOWALSKI, P.C. 1100 Larkspur Landing Circle, Suite 350 CA 94999 TEL (415) 464-8888 FAX (418) 464-6887 ARTHUR W. CURLEY, BAR NO. 60902 PETER F. FINN, BAR NO. 267810 BRADLEY, CURLEY, BARRABEE & KOWALSKI, P.C. 1100 Larkspur Landing Circle, Suite 350 Larkspur, California 94939 Telephone: (415) 464-8888 Facsimile: (415) 464-8887 Attorneys for Defendant ALTERNATIVE FAMILY SERVICES, INC. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SONOMA (UNLIMITED JURISDICTION) C.F. by and through her Guardian and No. SCV264540 Guardian Ad Litem SOLOMON FARR; E.F. by and through her Guardian and Guardian Ad Litem SOLOMON FARR; S.F. by and through his Guardian and Guardian Ad Litem SOLOMON FARR, Plaintiffs, ASSIGNED FOR ALL PURPOSES TO HONORABLE PATRICK BRODERICK. DEPARTMENT 16 DEFENDANT ALTERNATIVE FAMILY SERVICES, INC.’S AMENDED NOTICE OF MOTION AND MOTION TO COMPEL INDEPENDENT MENTAL EXAMINATIONS OF PLAINTIFFS Vv. MARK ZAPATA MARTINEZ; MARTHA MARTINEZ; ALTERNATIVE FAMILY SERVICES, INC.; and DOES 1 - 30, Date: May 11, 2022 Time: 3:00 p.m. Defendants. Dept.: 16 Complaint Filed: May 31, 2019 Trial Date: July 8, 2022 LL aaaeeaereserseeeseeeeserrereree TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on May 11, 2022, at 3:00 p.m. in Department 16 of the above-entitled Court, located at 3035 Cleveland Avenue, Santa Rosa, CA 95403, Defendant ALTERNATIVE FAMILY SERVICES, INC. (“AFS”) will and hereby does move the Court for an order compelling the independent mental examinations (“IMEs”) of Plaintiffs C.F., E.F., and S.F., by and through their Guardian and Guardian Ad Litem SOLOMON FARR (collectively “Plaintiffs”). -1- DEFENDANT ALTERNATIVE FAMILY SERVICES, INC.’S AMENDED NOTICE OF MOTION AND MOTION TO COMPEL INDEPENDENT MENTAL EXAMINATIONS OF PLAINTIFFSom YD HM Bw N NR NY N N NN NY NO we ee ie YA WwW SB YBN = SOwMe ADA BwWNH DS 28 BRADLEY, CURLEY, BARRABEE & KOWALSKI, P.C. 1100 Larkspur Landing Circle, Suite 350 Larkspur, CA 84939 TEL (415) 464-8888 FAX (415) 464-8887 This Motion is made pursuant to Code of Civil Procedure §§ 2032.020, 2032.310, and 2032.320. Good cause for IMEs of Plaintiffs exists because Plaintiffs have claimed in verified responses to written discovery that they have suffered “severe psychological trauma” as a result of the alleged negligence of AFS and, in turn, “will need ongoing therapy/psychological care, likely for life.” AFS requests the IMEs be taken by a date certain on a date(s) mutually agreed to by the parties. The IMEs will be conducted by licensed psychiatrist HARVEY A. LERCHIN, M.D. at 250 Bel Marin Keys Blvd., Suite B-4, Novato, CA 94949. The proposed IMEs will consist of an approximate 90-minute in-office assessment of each Plaintiff. This will be comprised of a clinical interview eliciting information that may include each Plaintiff's social history, family history, educational history, past medical history, current medical complaints, the history of the episode leading to the mental distress, prior history of emotional distress and the history of the subsequent course of the psychological condition and treatment. In addition, Dr. Lerchin may utilize play- therapy methods. The proposed IMEs will also consist of an approximate 2 % hour in-office informational interview with Plaintiffs’ biological father, SOLOMON FARR. (Only 1 such information interview with Mr. Farr will be conducted collectively for all three Plaintiffs. The interview of Mr. Farr shall be conducted first, to be followed in succession by each Plaintiff.) This Motion is based on this Notice of Motion, the attached Memorandum of Points and Authorities, the Separate Statement of Items in Dispute, the Declaration of Peter F. Finn, the Declaration of Harvey A. Lerchin, M.D., the Request for Judicial Notice, the papers and records on file herein, and on such oral and documentary evidence as may be presented at the hearing of the Motion. Dated: March 33, 2022 BRADLEY, CURLEY, BARRABEE & KOWALSKI, P.C. By: Y PETER F. FINN Attorneys for Defendant ALTERNATIVE FAMILY SERVICES, INC. -2- DEFENDANT ALTERNATIVE FAMILY SERVICES, INC.’S AMENDED NOTICE OF MOTION AND MOTION TO COMPEL INDEPENDENT MENTAL EXAMINATIONS OF PLAINTIFFS0 Oo IN DA HM BW DN NNN YN NN NY SY Se Be ee ewe Be ee IY A WwW FB WN | SO we NI DAH FF WN HY CO 28 BRADLEY, CURLEY, BARRABEE & KOWALSKI, P.C. 1100 Larkspur Landing Circle, Suite 350 Larkspur, CA 94939 TEL (418) 464-8888 FAX (415) 464-8887 PROOF OF SERVICE C.F, et al. v. Mark Zapata Martinez, et al. Sonoma Superior Court, Case No. SCV264540 I, the undersigned, declare that: lam employed in the County of Marin, State of California. I am over the age of 18 years and not a party to the within action. My business address is 1100 Larkspur Landing Circle, Suite 350, Larkspur, CA 94939. My electronic service address is: koleary@professionals-law.com On March 23, 2022, I served the attached: DEFENDANT ALTERNATIVE FAMILY SERVICES, INC.’S AMENDED NOTICE OF MOTION AND MOTION TO COMPEL INDEPENDENT MENTAL EXAMINATIONS OF PLAINTIFFS (XXX) BY ELECTRONIC SERVICE ONLY: Based on a mutual agreement between the parties, and in accordance with Code of Civil Procedure § 1010.6, I caused the documents to be sent electronically to the person(s) at the email address(es) listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. Attorneys for Plaintiffs Michael D. Green Scott R. Montgomery Abbey, Weitzenberg, Warren & Emery, P.C. 100 Stony Point Road, Suite 200 Santa Rosa, CA 95402-1566 Tel.: (707) 542-5050 Fax: (707) 542-2589 Email: mgreen@abbeylaw.com smontgomery@abbeylaw.com hnorton@abbeylaw.com Attorneys for Plaintiffs Johann Hall The Law Office of Johann Hall 703 2™ Street, Suite 353 Santa Rosa, CA 95405 Tel.: (707) 360-8717 Fax: (707) 921-7378 Email: johann@jhallesq.com Attorneys for County of Sonoma Bruce D. Goldstein Matthew Lilligren County of Sonoma 575 Administration Drive, Room 105 Santa Rosa, CA 95403-2815 Tel.: (707) 565-2421 Email: matthew. lilligren@sonoma-county.org Attorneys for Martha Martinez Brian L. Hoffman David Benton Wood Smith Henning 10960 Wilshire Blvd. 18" Floor Los Angeles, CA 90024 Tel.: (310) 481-7600 Email: bhoffman@wshblaw.com ali.ostello@sonoma-county.org dbentonewsholas com mhernan ead wshblaw.com nromo@wshblaw.com Attorney for Mark Zapata Martinez (Criminal) Chris P. Andrian Andrian & Gallenson 1100 Mendocino Avenue Santa Rosa, CA 95401 Tel.: (707) 527-9381 Email: andgal.chris@sonic.net PROOF OF SERVICE= I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed March 23, 2022, Larkspur, California. Wait JL ‘Kimberly Nelson oC om ay HAW FF WN NH NY NY N NN NN me IY DA WB Bw NH FF SO wy I Aw BF WN KE OO 28 BRADLEY, CURLEY, BARRABEE & KOWALSKI, P.C. 1100 Larkspur Landing Circle, Suite 350 FAX (415) 464-6887 PROOF OF SERVICE