ANDREW J. ZUCKER, SB#167348 THE ZUCKER LAW FIRM, A Professional Corporation 43434 Business Park Drive Temecula, CA 92590 Tel: 951-699-2100 / Fax: 951-699-2102 SUZANNE H. MINDLIN, SB# 182237 P.O. Box 9 Cardiff by the Sea, CA 92007 Tel: 760-822-8908 / Fax: 760-454-7389 JOHN J. RICE, SB# 162968 LaFave & Rice 2333 First Avenue, #201 San Diego, CA 92104 Tel: 619-525-3918 / Fax: 619-233-5089 Attorneys for Plaintiff KELLY BENEFIELD FILED Superior Court Of California County Of Riverside 05/01/2014 N. TAVAGLIONE BY FAX SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE-CENTRAL DIVISION KELLY BENEFIELD, Plaintiff, v. ABTTC, INC., dib/a A Better Tomorrow Treatment Centers: FORTERUS, INC.; FORTERUS HEALTH CARE SERVICES, INC.; JERROD MENZ. JAMES ANDREW. FENT; NOREEN BUMBY, D.O.; PAUL! HOWARTH; JOSIE GANN, and DOES 1 to 100, inclusive, Defendant(s). KELLY BENEFIELD as Successor-In- Interest of the ESTATE OF GARY BENEFIELD, Plaintiff, v. ABTTC, INC., d/b/a A Better Tomorrow Treatment Centers; FORTERUS, INC.; FORTERUS HEALTH CARE SERVICES, INC.: JERROD MENZ. JAMES ANDREW FENT: NOREEN BUMBY, D.O.; PAUL’ HOWARTH; JOSIE GANN, and DOES 1 to 100, inclusive, Defendant(s). CASE NO. RIC 1112376 (Lead Case) (Consolidated with Case No: RIC 1203162) DECLARATION OF JOSE RUTILLO OCHOA JR. IN SUPPORT OF PLAINITIFF*S SUPPLEMENTAL SEPARATE STATEMENT OF DISPUTED. AND UNDISPUTED MATERIAL FACTS IN OPPOSITION TO DEFENDANT JERROD MENZ'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION RES: 25893 Date: Time: Dept May 23, 2014 10:00am. "1DECLARATION OF JOSE RUTILO OCHOA J 1, JOSE RUTILO OCHOA, JR, declare as follows: 1. Thave personal knowledge of the following facts, and ifcalled upon to testify as to the same in a court of law. I could and would do so. 2, During my employment at A Better Tomorrow Treatment Centers, Ine, (ABTTC) starting in approximately September of 2008 until | was fired in April of 2012, | had extensive interaction with Mr, Menz. Prior to Gary Benefield’s arrival at ABTTC J was a part of the ‘management team that was directed by Mr. Menz. AS a part of the management team | sat in weekly management mectings and regularly talked with Mr. Menz. 3. On or about the Thursday before Mr. Benefield arrived, | received an email from Jodi rueske the intake coordinator for Gary Benefield. This email included specific information about Gary Benefield’s medical condition, COPD and need for oxygen 24/7. 4. When I received the email about Mr, Benefield | asked Mr. Fent to not bring in Mr. Benefield as | knew we could not take care of all of his medical needs, and that it would be dangerous to bring in Mr. Benefield to ABTTC’s care and custody. 5. Mr. Fent said that he would speak with Mr. Menz who would be the one making the decision whether Gary Benefield was going to come to ABTTC. A while later Mr. Fent told me that he had spoken with Mr. Menz about Mr. Benefield, and that Mr. Menz had authorized the admission of Gary Benefield. 6. The is no question in my mind that Mr. Menz, knew of Gary Benefield’s pending arrival at ABTTC, and that he was the ultimate decision maker on wh her or not ABTTC should} admit Gary Benefield in light of his extensive medical issues and needs. <1. DECLARATION OF JOSE RUTILLO OCHOA JR.©MRNYFHRORN 10 " 12 || 13 14 15 16 7 18 19 20 21 22 23 || 24 25 26 a7 28 | declare that the foregoing is true and correct under penalty of perjury under the laws of the State of California, Signed this 27 day of April, 2014, at Lrwe@szuxe_, CA. what. he (Merino Jose Rutillo Ochoa, Jr, 12 DECLARATION OF JOSE RUTILLO OCHOA JR.