F11G. Office of the General Counsel TO MEMBERS OF THE COMMITTEE ON FINANCE: REPORT OF NEW LITIGATION. For Meeting of September 17, 2008
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1 F11G Office of the General Counsel TO MEMBERS OF THE COMMITTEE ON FINANCE: REPORT OF NEW LITIGATION For Meeting of September 17, 2008 The attached chart summarizes information concerning new litigation filed.
2 NEW LITIGATION AND ARBITRATION PROCEEDINGS Report Period: 6/5/08 8/18/08 Regents Meeting September 2008 Plaintiff Location Nature of Dispute Alleged by Plaintiff Forum Employment Cases Barajas, Paula (Custodian) UCSD Sexual Harassment; Retaliation Intentional Infliction of Emotional Distress; Negligent Infliction of Emotional Distress and Sexual Battery San Diego County Superior Court Branner, Richard (Professor) UCD Discrimination (Race, Age); Retaliation and Harassment in Violation of FEHA; Breach of Implied Covenant of Good Faith and Fair Dealing; Intentional Infliction of Emotional Distress and Breach of Contract Yolo County Superior Court Grace, Iris UCB Disability Discrimination: California Fair Employment and Housing Act Hack, Hillary (HazMat Technician) UCSD Disability Discrimination/Harassment San Diego County Superior Hamutoff, Ronald (Pharmacist) UCIMC Discrimination (disability, age); Retaliation, Intentional Infliction of Emotional Distress and Tortious Termination in Violation of Public Policy Orange County Superior Court Ostovar, Farshad Sirjani (Resident Physician) UCSF Writ of Mandamus (Code of Civil Procedure Section ); for Violation of Civil Rights (California Civil Code Section 51 et seq.) Fresno County Superior Court
3 Pardo, Francisco, M.D. (Radiation Oncologist) UCSD Retaliation in Violation of Public Policy; Health and Safety Codes San Diego County Superior Sisemore, Jacqueline (Assistant Director of Marketing) UCI Sex Discrimination and Retaliation; Wrongful Termination and Violation of Equal Pay Orange County Superior Court Professional Liability Cases Cake, Regina UCSF Medical Negligence, Breach of Oral Contract, Constructive Battery, Fraud, Corporate Negligence, Lack of Informed Consent and Loss of Consortium Fresno County Superior Court Campbell, Charles F. UCSD Medical Malpractice San Diego County Superior Court Carillo, Jamie Gonzalez UCSF Medical Negligence San Francisco County Superior Court Chavez, Robert UCLA Damages; Willful Misconduct, Negligence, Dependant Adult Abuse Christ, Connie UCLA Damages; Personal Injury, Medical Malpractice Cole, Craig R. (decedent), Cole, Nancy, Christie Marie, Colin Travis, and Courtney Ane UCI Medical Malpractice, Survival Action, Wrongful Death Orange County Superior Court Cortes, Evelyn UCSF Damages; Medical Malpractice San Francisco County Superior Court Cuevas, Tammy UCI Damages; Professional Negligence; Loss of Consortium Durand, Jean-Pierre UCLA Damages; Medical Malpractice, Negligent Hiring, Training & Supervision; Lack of Informed Consent, Negligence 2 Orange County Superior Court
4 Furia, David UCD Medical Negligence Sacramento County Superior Court Garcia, Jose UCSF Damages; Personal Injury, Medical Negligence San Francisco County Superior Court Garza, Ethan Anita Garza UCD Personal Injury, Medical Malpractice, Wrongful Death Sacramento County Superior Court Heckard, Vincent UCLA Professional Negligence, Failure to Obtain Informed Consent Hodges, Mamie UCD Damages; Medical Malpractice, Strict Products Liability, Products Liability (Manufacturing Defect), Products Liability (Failure to Warn), Products Liability (Negligence), Negligence Per Se Jimenez, David J. UCLA Damages; Negligence Healthcare Provider, Negligence Products Liability, Strict Liability, Breach of Express Warranty, and Breach of Implied Warranty Sacramento County Superior Court Johnson, Sharon Yvette Johnson, Willie Lee (decedent), Barbara and Albert Johnson UCLA- Affiliate (Honda Bayside Medical) Damages; Sexual Assault and Battery; Professional Negligence; Intentional Infliction of Emotional Distress; Negligent Hiring, Supervision, etc.; Punitive Damages UCSF Medical Malpractice, Wrongful Death San Francisco County Superior Court Jones, Heather UCLA Damages; Medical Negligence 3
5 Kelly, David (decedent), Jessica and Morgan Kelly and Sheila Greer UCSD Damages; Medical Negligence; Dependent Adult Abuse San Diego County Superior Court Kerrigan Hayes, Tara Terrence Hayes UCLA Damages Negligence, Loss of Consortium Kotak, Mary Ann UCSF Medical Malpractice, Professional Negligence, General Negligence Marcondes, Ana Angelica UCLA Damages; Negligence Medical Malpractice, Negligent Infliction of Emotional Distress- Bystander Theory, Negligent Infliction of Emotional Distress Direct Victim Matz, Lisa Johnson UCSD Damages; Personal Injury Medical Negligence McKenzie, Daryl UCD Personal Injuries Medical Malpractice, Lack of Informed Consent, Loss of Consortium San Francisco County Superior Court San Diego County Superior Court Sacramento County Superior Court Purcell, Melissa UCLA Medical Malpractice General Negligence San Francisco County Superior Court Reiterman, Jadon, a minor UCD Medical Negligence and Loss of Consortium Sacramento County Superior Court Renneisen, Arthur J. UCD Damages; Elder Abuse, Negligence, Negligent Infliction of Emotional Distress, and Wrongful Death Sacramento County Superior Court Romero, John (decedent), Loraine and Cassandra Romero UCSD Damages; Medical Malpractice/Negligence, Wrongful Death San Diego County Superior Court Tater-Alexander, Michael UCSF- Fresno Damages, Medical Malpractice; For Violation of Civil Rights United States District Court Eastern District 4
6 Tennity, Thomas J. (decedent), Elaine L. and Michael S. Tennity UCLA Complaint for Wrongful Death, Negligent Infliction of Emotional Distress, and Survival Action Topete, Alfredo UCI Damages Medical Negligence Orange County Superior Court Torihara, Genji UCLA Negligence Trotter, Anderson Demond (decedent) Letrisha Y. Trotter, et al. UCD Wrongful Death Sacramento County Superior Court Other Cases Baptiste, Karima UCSF Personal Injury, General Negligence, Premises Liability San Francisco County Superior Court California Sportfishing Protection Alliance LBNL Violation of Federal Clean Water Act U.S. District Court Northern District Colen, John UCR Breach of Contract, Agreement, Obligation, Petition for Judicial Review Riverside County Superior Court Flannery, Colleen UCB Personal injury - Slip and Fall San Francisco Superior Court Gabriel, Louise UCLA Personal injury Slip and Fall Gersten, Ronald UCB Personal Injury, Strict Liability, Breach of Warranties, Negligence, Fraud, Aiding and Abetting, Premises Liability, Dangerous Conditions, Loss of Consortium, Asbestos Integrated Genomics, Inc. LBNL Violation of Employment Agreement; tortious interference with prospective economic advantage; breach of duty; unfair competition U.S. District Court Illinois 5
7 Leandro, Alvin UCB and UCSF Loss of Consortium; Asbestos San Francisco County Superior Court Lee, Maria UCSF Personal Injury and Premises Liability Slip and Fall San Francisco Superior Court Lubinsky, Rita UCLAMC Personal Injury Slip and Fall Madani-Larijani, Kaveh UCD General Negligence, Premises Liability, Dangerous Condition of Property Napolis, Diana UCI Negligence, Defamation, Violation of Right to Privacy, False Light, Intentional Infliction of Emotional Distress, Conspiracy Yolo County Superior Court U.S. District Court, Southern District of California Physicians Committee For Responsible Medicine, an organization Systemwide Petition for Writ of Mandamus Under the Public Records Act Save Strawberry Canyon LBNL / UCB Save Strawberry Canyon LBNL / UCB Save Strawberry Canyon LBNL / UCB Challenge to Environmental Impact Report (EIR) for the Construction of the Computational Research and Theory Facility (CRT) Challenge to Environmental Impact Report (EIR) for the Construction of the Helios Energy Research Facility Violation of the National Environmental Policy Act (NEPA) for the Construction of the Computational Research and Theory Facility (CRT) U.S. District Court Northern District Reyes, Moises UCLA Personal Injury, Premises Liability and General Negligence Los Angeles Superior Court 6
8 Sananas, Simon UCLA Negligence, Negligence Per Se, Assault, Battery, Infliction of Emotional Distress Sprenger, William UCD Motor Vehicle, Property Damage and Personal Injury Los Angeles Superior Court Yolo County Superior Court Stop Animal Exploitation Now aka SAEN UCLA Violation of the California Records Act, Violation of Equal Protection Clause of Free Speech Public Employment Relations Board ( PERB ) Unfair Practices Alleged by Charging Party Sprague, Richard LA-CE-1042H UCSDMC Retaliatory dismissal by supervisor following medical absences and in violation of notice and union representation provisions of collective bargaining agreement. PERB
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