[0li 00 UI U). XAVIER BECERRA Attorney General of California MARY CAIN-SIMON Supervising Deputy Attorney General - CAROLYNE EVANS Deputy Attorney General State Bar No. 289206 455 Golden Gate Avenue, suite 11000 San Francisco, CA 94102? 7004 Telephone: (415) 510-3448 Fax: (415) 703-5480 E-mail: Carolyne.Evans@doj.Ca.gov Attorneys for Petitioner and Real Party in Interest 300/890 gays SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO DEAN R. GRAFILO, DIRECTOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, STATE OF CALIFORNIA, Plaintiff, KAISER FOUNDATION PERMANENT MEDICAL GROUP Respondent, KIMBERLY KIRCHMEYER, EXECUTIVE DIRECTOR, MEDICAL BOARD OF CALIFORNIA, Real Party in Interest. DECLARATION OF INVESTIGATOR MONICA PERETTO IN SUPPORT OF PETITION FOR ORDER TO SHOW CAUSE AND ORDER COMPELLING COMPLIANCE WITH INVESTIGATIONAL SUBPOENA Case No. Date: Time: Dept: 302 Judge: Jon. Ethan P. Schulman Trial Date: Action Filed. June 12, 2019 I, MONICA PERETTO, declare that the following matters are true and correct: 1.. I am an Investigator with the California Department of Consumer Affairs, Division of Investigation, Health Quality Investigation Unit (HQIU), which investigates complaints received by the Medical Board of California (Board) and obtains the evidence necessary to determine DECLARATION OF INVESTIGATOR MONICA PERETTO whether physicians are violating the Medical Practice Act and related laws relating to the practice of medicine. 2. In 2017, the Board received complaints that school?aged children were obtaining vaccination exemptions based upon medical conditions that did not appear to be valid. 1 3. On February 23, 2017, the Board received a- complaint from the Assistant Chief of Pediatrics at Kaiser, Roseville, reporting that a Kaiser patient was given an inappropriate vaccine exemption letter by Dr. Mary Kelly Sutton. On March 28, 2017, the complainant submitted a copy of a vaccine exemption letter, which stated that the child was a patient of Dr. Sutton?s and that the child was permanently exempted from all immunizations. Subsequently, the complainant provided nearly?identical additional vaccine exemptions issued by Dr. Sutton to other school- aged children, including-letters dated April 5, 2017, August 14, 2018, and October 12, 2018., 4. On February 15, 2019, I served an investigational subpoena on The Perrnanate Medical Group (TPMG). The subpoena required TPMG to provide unredacted copies of the exemptions, as well as information identifying any other Kaiser pediatric patients who received vaccine exemptions from Dr. Sutton, andtheir parents. 5. On April 4, 2019, counsel for TPMG advised that the subpoenaed informationwould be provided, if the Board ?rst obtained a court order compelling its release. I 6. On May 31, 2019, the complaint and vaccine exemptions were reviewed by James Nuovo, M.D., who is a medical consultant to the Board. Dr. Nuovo advised that there was insuf?cient evidence that Dr. Sutton performed a good faith evaluation of the children and that further investigation was necessary to determine whether or not Dr. Sutton was violating the laws relating to physicians and vaccine exemptions. 7. Attached to this declaration are true and correct copies of the following documents: A. Complaint dated Bebruary 23, 2017 (redacted); 2 DECLARATION OF INVESTIGATOR MONICA PERETTO Vaccine exemption letters dated February 6, 2017, April 5, 2017, August 14, 2018, . and October 12, 2018 (redacted); C. Investigational subpoena, dated March 10, 2019; D. Letter dated April 4, 2019 from attorney Tom Freeman. Executed under penalty of perjury on June 6, 2019, at Sacramento, California. MONICA 3 DECLARATION OF INVESTIGATOR MONICA PERETTO ATTACHMENT A 2/23/17 12:14 PM Beard: License Type: Complaint Number: incident Date: Page'1013 Medical Board of California Physician's and Surgeon's 8002017030405 . 02106120117- v_ 2/23/1712:14 PM. . Description: Page-2 of 3 . My name is Wendy Cerny and i am a Pediatrician at KaiseraPermanente in Roseville.Callfornia. I'm the Assistant Chief at my?clinlc and on of my pediatricians brought to my attention that one of his new patients' mother requested that hesign a "MedicalExemption to Required ImmunizatiOns? form for her two children. - She had already gotten an exemption form signed for the older child before coming to Kaiser, and wanted to getone for each of her two older children. . _7 My colleague looked at the form she already had forthe older child and saw that this doctor: Mar Kell Sutton MD, had signed a form for to have a lifelong medical exemption from all vaccines. She wrote on the form thatthe . exemption was based on the child having "a personal history of genetic defect, neurologic vulnerability, and allergy, and family history of vaccine reaction, allergy, and neurologic and autoimmune disease". However, this patient actually does net have a history or family history of any of those things and he and his two younger siblings also don't in fact haVe a medical condition that would be an indication for exemption to being vaccinated. When my colleague told the mother he would not sign exemption A forms for her two younger children as she asked, she replied that she would just go back to this office to obtain such exemptions. My colleague and] looked at the website for this doctor: Idr-kelly-sutton and were very disturbed by it and the specials she runs on giving the exemptions ?at a low price. A Exemptions are featured in the website. We feel this doctor and perhaps her_ colleagues'in this medical group (Raphael Medicine 8. Therapies PC) are making easy money on these exemptions that are not based on true medical need and are actually putting children and other people in the community at risk for contracting and spreading serious infectious diseases. As a pediatrician for over 18 years, I have seen an increase in people refusing vaccines for their children, and with doctors encouraging parents to not vaccinate, they are going against medical evidence and indirectly causing harm. 2/23/17 12:14 PM Page 3 01 3 License Type: Physician's and Surgeon's - First Name: I MaryKelly I Last Name: Sutton Address: 9801 Fair Oaks Fair Oaks, CA 95628 . US Phone Number: . . 916-671-1736 Extension: I Email Address: .w Second Name: Marie Last Name: . - Cerny Gender: . Address: 1840 Sierra Gardens Dr Roseville,CA . US Phone Number: - - . - 616-767-6449 .Ex?tension: E-mail Address: 7 I wendy.m.cerny@kp.0rg (aP90) Case/Complaint - Web Submission - Complaint 7/ lofl I 'v -. - FAQsILinks Help Sign Oul' I VRHome I Entity I Application I License I Cash I Exam I?I'lmeTracklninnspeollonI Enforcement I Report I - - i Complaint Search Change Rocordinu License Type I Deloto Complaint I Mass Activity Update I Mess Discipline Update Maee Status Update I Public Case Into Domain 600 - Medical Board of California dca-fp-BB-hoz Logged in as: mbscarv VR Home Complaint Search Maintain Complaint Case/Complaint- Web Submission - Additional Complaint information Gaseicomplai'nt-Web Submission - Additional Complaint information Details igeb Submission - Additional Complaint Status Current Record Name CompinlhOlhAgy if} No Agency Name - Person Helping Phone Number Case Number Childcueidy? (F) Yes No CouriAppoianC? Yes No - I Joint Custody? (5) Yes No Attempthesoive Yes No if not. explain Treatment? nia Dates of irealm Patient Name: Danytlek. David DOB 09127i2017 RelationPaiient Assistant chief to pop Substandard Car Yes No loo 6 Yes No Unllconeed Prov 65: Yes @3 No I I Sexual Mlsoondu Yes 53") No impairment? C3 Yes No Conduct? Yes No omoe Practice 65 Yes. No Oih?r Yes No If other,expian I Yes No Oithilels Legal Action Ta Yes No if so, date: Result WtNamet WiiPhnNum1 WitAddrese1 WilNamez Wimliez WitNamea \MtTiilea WiiPhnNuma WiiAddreess Updated Feb 23, 2017 12:14:44 PM By webusor ?Get Adobe Reaider. 3/9/2017 12:12 PM (ap90) Case/Complaint - Incident Addres's EffHelp Sign Out Home I Entity I Application I License I Gosh I Exam It'lme TrackingIlnepecllenI Enforcement I Report I - Complaint Search Change Recording License Type I Delete comptalnt I Mesa Activity Update I Maee Discipline Update I Mans status Update I 1 Public Case Info Domain 1100 - Medical Board of California doa-fp-QH?r-02 Logged in as: mbscerv VR Home Complaint Search Maintain Complaint Case/Complaint - Incident Address Basalt: omplaint?- incident Address Details - RecordNamo incident Address Status Current Business Name MaryKolly Sutton MD Address Line 1 Raphael Medicine 8. Therapies PC Address Line 2 9301 Fair Oaks #300 City Fair Oaks State CA - California Zip 95628 Phone Number 916-671-1780 Hospital'- Yes 5% No Home E5 Yes @i No Other Yes {3 No Other medical outpatient clinic Updated Feb 23, 2017 12:14:44 PM By wobuaer QR. 7.. ?ll-lot Adobe Reader. lofl 3/9/2017 12:13 PM ATTACHMENT .1 - MaryKelly Sutton MD - Raphael Medicine Ilierapies PC . 9801 Fair Oaks #300? . Fair Oaks; California 95628 - Ph: (916) 671-1780 Fax; (916) 844-0083. CA LICENSE (3076932 February 6,2017 . .1 To whom it may-concern: My patient-H niedically'exempt from all vaccines on a - 2' permanent basis, to. personal history of genetic defect, n?llrologic vulnerability, and allergy, and family hismry of vaccine reamonyend neumlogic and amoimniun'e disease. This includes vaccination against ?ip?ria, hesati?s B, hemophilus in?uenza type B, measles, - mumps, pertussis, pohomyelitis, rubella, tetanus, varicella, pnemnococcus, meniugococcus, ?u and human papilloma Vims. The exemption Is for all vaccines-includingthose not mentioned here. Veccination?cons?mltes, a'greamr rislt than bene?t for this individual. Sincerely, . I I s- M. Kelly Sutton MD r, i Medical Exemption to Required- immunizations Optional Form for Licensed Physicians (MDor DO only) OF BIRTH Exemption-Dug to Physical Condition or Medical Circumstance"; i certify that the child has a physical condition or- medical circumstance such that immunization otherwise required for admission to school. child care center. day nursery. nursery school, family day care home. or development center in Ceilfomia is not . considered safe. i understand that." for the protection of the child and other students, the - child may be excluded fremettending school forproionged-periods "during outbreaks or exposure to disease for which immunization has not been completed. (17 OCR ?8060).' I {g immunizations included in Exemption: . . it? - - immunization Duration of physical condition or medical. circumstance - Ei Temporary until date._ - 'Mamanent 961%? El Temporary until . ?ermanent El Temporary until date: I [El/Pancanent I Temporary until date-z JE/Pennlnent? Hepatitis Temporary until date: I I i VIE/Permaner; 'E?dce?fa .Ei Temporary until date: I - E?nnanent? map El Temporary until dater; E?mianent: Licensed musician's mine. address. and telephone number. Signature: i . MD no Raphael Medicine Therapies . . .. 9801 Fair Oaks Bin., Suite ?300 - ?we ?when 676932 F?il? Oaks. CA 95628 91 71-1780 Date! 452.! 6 American AcademyofPedi?trics ,CALrpomm ACADEMYOF nemaxruo to me nest-m om; curious? FAMILY PHYSICIANS mam mm mm STRONGWFOR mums meme?mama 2010-10-25 13:52 Pediatric/?Jean - Fax . . 9167076450 MA 9162630141 MaryKelly Sutton MD Raphael Medicine Therapies PC . 9301 Fair 06125 #300 Fair-Oaks California 95528 Ph: (916) 671-1730 Fax: (915) 344-0003 CA 6076932 OctoberlZ. 2018 .e . To whom it may concern: - . - 3 My patient is medically exempt-from all vaCcines foir six months (until April 12, 2019) 'due to perconal? hitter-y of neurologic disorder and suspected vaccine reacrion, and family history of suspected vaccine reaction, allergy; and autoirnmune' and'neurologic disease. . . - . This includes vaccination against diphtheria, hepatitis B, hemophilus in?uenza type B, measles, mumps. pertussis. po?bmyelitls, rubella, tetanus, varicella, pneumococcus, .meningococcus, ?u . and human papilloma virus. The exemption is for all vaccines including those-not mentioned hereuVaccination constitutes a greater risk than benefit for this individual. Wm M. Kelly Sutton MD NOTICE To THE SCHOOL This document is a private and con?clen?nl record of the patient/student mined above. This document is protected from disclosure by applicable laws, htclucling but not limited to the Health Insurance Portability and Accountability Act (HIPAA) and the Family Educational Rights-and Pdvacy Act (FERPA). Further, I pursuant to Cal. Health 8: Safety Code section-120440 and other applicable student/patient privacy laws, this child?s gumdia?s) does not cement to outside shaditgct 3rd party sharing of the child's Vaccination 0t exemption record. RAPHAEL Manicure THERAPIES PC \x?/jl i I 0141 2/2 2013-0930? 09:55 Pediatri??ieen - Fax. 9167876450 . e162 3 MawKeliy Sutton MD Raphael Medicine Therapies PC 9801 Fair-Oaks #300 Fair Oaks, California 95628 Ph: (915) 671-1780 Fax: (915) 844-0083 CA. LICENSE (3076932 April 5, 2017 -To whom it may concem: My patient edically exempt from all vaccines on a . permanent basis, ue to person history of genetic defect andaiiergy. and family histoty' of allergy, neurologic disease. and suspected vaccine reacdon. This includes vaccination against: diphtheria, hepatitis B, hemophilus in?uenza type B. measles, mumps, pemtssis, poliomyelitis, rubella. tetanus, varicena, 'pnetunococcus, meningococcus, ?u . and human pap?ioma virus. The exemption is for all vaccines including those no: mentioned - here; Vaccination constitutes a greater risk than bene it for this individual. - Privacy Act (PERM). Panther, pursuant :0 Cal. Health 84 Sa Eety Code section. 120440 and Other applicable Student/patient privacy laws, this ci?ld?s guardian(s) does not consent. to outside slm?ng or 3rd party sharing of the child's Vaccination ox: exemption record. - - Namom lggpii Riot-Peon Beltane em Raphael ?will? Mm Prov: CHOU. STEVE HUANG (MDJ I?n 1 i 9 162630141 .p 2/3 2018-08-27 11:19 PadiatriC/{Ieen - Fax 9167876450 9 MaryKerz Sutton MD Raphael Medicine Therapies PC 9301 Fair Oaks 319d #3110 Fair Oaks, Califoxi?? 95628 . Ph: (916) 67i-1780F?x: (913). 344.0033 CALICENSE G076932 August 14, 2018 Ta?hom?tmayco-nmm: I. I My pa?eh ls?zedically exempt from all vacdn?s- on a permanent basis due to personal histogr ofgeneujqdefecr and allergy, and family histoxy of allergy; autoimmune and neuralogk disease, andisuspected vacaine reaction. 1 RAPHAEL MEDICINE a. Pc ATTACHMENT 1 DIVISION OF INVESTIGATION . HEALTH QUALITY INVESTIGATION DECLARATION OF SERVICE CaseName: Sutton, Mary, MD - CaseNo: 8002017030405 _l declale that I ani employed. by the Division of Investigation' 111' the County of Sama111e..,11to California. I am over "the age of. eighteen years, and my business add1ess is: i 2535 Capitol Oaks Diive, Suite 220, Saci',an1e11to CA 95833 011 19/57?. . I sewed the attached (indiCate all that apply): Letter to patient Recluesting Medical Release. (EMF-420A) with. Constuner Information About. Release of 'Medical I11f01 mation (ENF- 21) Letter to patient Re. Subpoena f01 Medical Records with. Notice to Consumer and Objection (ENF- -20B) and copy of Investigational Subpoena Du'ces TeCuin Letter to patient advising has received thei1 medical (includes Attachment? Consume: Information about Release of Medzcai Records in Possession quOI) Authorization for ReleaSe of Medical Info1mat1011 (EMT-27A) Au'tho1ization 1701 Release of Alcohol and Drug Abuse Information Authorization for Release of Information (ENE-27C) Autl10ri'zation for Release of Medical information Medical Records. Request ComplianceAdVismy Declaration of Custodian of Records (ENE-.22) X- lnvestigationai Subpoena Duees Tecum investigational Subpoena to Appear and Testify Administrative, Hearing Subpoena Other (list): @By pesse? del1ve1y and selvic'e of" a true copy the1 eof to ?5 600le . at the following address: . BEAM 00001 Q. 0126; By placing a true copy the1e.,of along, with a cover letter, a copy of which is also attached, Enclosed 111 a sealed envelope with postage fully prepaid, by Certi?ed Mail, in the. United States mail at . Cailf01 111a to; At the last known address. Certi?ed Mail No.1 El Courtesy copy to [declare under penalty of'perjury the foregoing is true-and correct, and this declaration was executed at Sacramento ca?lifom'ia on . Monica Peretto? - WW - (Printed Name) (Signature) 113113223 (111w. 06f13l18) xv, l? ?3 a consumer: HQUSING - GGVERHOR newscast 13%, OF ENVESTIGATION Health Quality Investigation Unit 2535 Capitol Oaks Drive, Suite 220 Sacramento, CA 95833 Phone: (916) 263-2585 - Fax: (916) 263-2591 RECORDS REQUEST COMPLIANCE ADVISORY February? 15, 2019 The Permanente Medical Group Legal Department - 1950 Franklin Street, 17th Floor Oakland, CA 94612 ATTN: Zennie Coughlin Dear Ms. Coughlin, The Division of Investigation isa regulatory law enforcement agency req uesting documentation for Confidential review.- In accordance with the enclosed Investigational Subpoena Duces. Tecum, please foniva'rd a certified copy of the complete requested documentation, to my attention at the above address _by' March 2019. Please complete the Declaration of . Custodian of Records, and return it with the complete documentation. .if you have. any questions regarding this request, please contact me at (916-) 263-2529, in time to ensure receipt of the complete records prior'to the due date listed above. Thank you for your cooperation in this matter. . - Sincerely, Monica Peretto Senior Investigator 8002017030405 Enclosures: investigational subpoena Duces Tecum Declaration of Custodian of Records Notice and Acknowledgement" of investigational Subpoena 10enz' BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Investigation of: - - - .) INVESTIGATIONAL SUBPOENA Sutton, Mary K., MD. - DUCES TECUM TO PRODUCE 8002017030405 . case Num 61 PAPERS AND DOCUMENTS To: The Permanente Medical Group - - Legal Department . Zennie Coughlin 7 1950 Franklin Street, 17?? 1001? Oakland, CA 94612 This subpoena duces tecurn is issued pursuant to the powers conferred upon the Director of the Department of Consumer Affairs (DCA) Of the State of California as head of the DCA by Sections 11180 through 11191 Of. the Government Code of California, which powers have been delegated by the Director unde1 Section 7 of the Government Code to Supervising Investigator II Andrew Hegelein of Division of Investigation, Health Quality Investigation?Unit. Parsuant to the federal Health Insurance Portability and Accountability Act (HIPAA), a covered. entity is permitted to. release protected health information and records. to DCA because DCA is a health oversight agency under (45 C.F.R. 164.512.) YOU ARE HEREBY CQMMANDED to appear before. Investi?g?atOr Monica Peretto and/or- any other duly authorized representatiVe(s) of the DivisiOn of Investigation Health Quality InvestigatiOn Unit staff, at 2535 Capitol Oaks Drive, Suite 220, Sacramento, Califomia 95833, telephone numbe1 (916) 263 2?529 on the -_d_ay Of ,2019 at the hour of 8:00 a. 111., then and there to testify and to answer questions prOpounded to you in connection with the above. titled investigation and to bring with you, and there p1oduce, any and. all writings as de?ned by Evidence Code section 25 0, including but not limited to, all the papers, books 9 accounts, documents and records described-in. the attached list, regardless Of the form in which they are kept, and including all electronic or digital forms of records. (Rev. 05/02/2018) .Investigational Subpoena Dumas, Tecum For purposes of this subpoena, all references to records and decumentation includes, but is not. limited to,- production of minutes, notes, electronic communications, audio, and video recurdings, reports=,- ?ndings, recommendations or evaluations, taken during any formal or informal conferences, discussions or meetings. For failure to comply with the commands of this subpoena, you will be subject to the proceedings and penalties prOvided by law. NOTICE: If you confirm with the above named investigator that the speci?c papers and documents commanded in this subpoena. duces tecum. including a certi?ed copy of the records and a completed ?Declaration of Custodian of Resords,? are being delivered to the address listed above, then you DO NOT need to appeaI. If the 1ecords pio?du'ced are not ce1ti?ed, you must pe1sonally appear on the date and time indicated If this subpoena 1equi?1es production of a consumer 3 records (including a patient? or employee? records): (1) The records are to be produced by the date and timespeci?ed in this subpoena- (but not sooner than 20 days after the issuance of this subpoena, or 15 days after service, whichever date is later). . (2) I If the identity of a consumer whose records are. being compelled is known to the I I Division o._f.h1Vestigation, we have attempted. to obtain a signed authorization for the release of the consmner records. ?At the time this subpoena is served, We are attempting, to notiiy' the censumer of our efforts to obtain their service of this subpoena. A copy of the Notice to Consumer, and a proof of'service of that notice, are being provided with Service of this. subpoena. If you have any questions, contact th {41301113 1181119431] tor. Given under my hand this 1 day 0 - 2019. - - yd ew /Hegele_in Supervising Investigator II Depaitment of Consumer Affairs Division Of Investigation Health Quality Investigation Unit (Rev. 05/02/2018) Invesdgalional Subpoena Dimes chum i 2 10_ SUBPOENA FOR INFORMATION Regarding the investigation of Mary Sutton, M. D., the following documents related to the above entitled investigation: I i 1. All submitted exemption letters composed and/ or issued by D1. Mary Sutton or Raphael Medicine and Therapies Full entity identity and contact information for those Who?were issued an -im1nunization eXernption letter by Dr. Mary Sutton or Raphael Medicine aiidIherapies PC, including but not limited'to: name, date of birth, legal guardian, residential address, phone number for the following Kaiser Pediatric patients: ?t Pull entity/ guardian identity and contact information for the prior listed Kaiser Pediatric patients, including but not limited to: name, date of birth, residential address, phone number; I Any and all documents related to immunization exemption letters composed and/or issued .by Dr. Mary Sutton or Raphael Medicine and Therapies PC. ENE-67 (Rct'. 06/09] . . I CONSUMER SERVICES. AND HOUSING AGENCY - GAVIN GOVERNOR . DIVISION pi: INVESTIGATION Health Quality Investigation-Unit Sacramento Fieid Of?ce 2535 Capitol Oaks Dr., Ste. 220 Sacramento, CA 95833 (916) 26342585 Fax (91 e) 263-2591 Patient: Record No.: Business Facility: Phone No.: Address: 7 City/State: . Zip: CERTIFICATION OF RECORDS To the best of my knowledge, the copied'docuinents, records and other things enclosed herewith were and are prepared and maintained in the ordinary course of business by authorized persons or personnel of this business or facility'at or near the time of the acts, conditions or events described by such records. The enclosed records of the business or facility are a true copy of the following records described in the patient authorization or subpoena duces tecum (check only one): g. . CI the com lete records bonsistin of ageS' a El the ceinplete records for' the geriod' beginning and ending pages; only, consisting of CI the completed records, except that the business or facility does not have the following: The copied records consist of . pages. CERTIFICATION OF NO RECORDS Ci A thorough search of our ?les carried out under my direction and control revealed that this business or facility does not have the records described in the patient-authorization or the subpoena duces teCuIn. DECLARATION OF OF RECORDS l, the undersigned, am the duly authorized Custodian of Records of the above named business or facility. I am familiar with the mode of preparation of, and have the authority to certify, the business or facility records. I declare under penalty of perjury under the lane of the State of California that the foregoing is true and correct. PrintName and Title I . Signature Date NOTICE: A licensee that fails to provide the certi?ed medical records within 15 days, or a health care facility within 30 days, of receipt of a request forcerti?cd medical records may constitute a violation of Section 2225.5 of the Medical Practice Act and may result in a civil penalty of $1,000 per day for each day that the documents have not been produced. ?Certi?ed medical records? is defined as ?a copy of the patient?s medical records authenticated by the licensee or health care facility, as appropriate, on a form prescribed by the board.? - . DOI CASE 8002017030405 ENE-22 (REV. 8i] 4) r?u? 10- .?the matter of the Investigation of: Mary MD Case Number 8002017030405 . To: The .Permanente Medical Group ISEFORE THE DIVISION OF INVESTIGATION I DEPARTMENT OF CONSUMER AFFAIRS CALIFORNIA NOTICE AND ACKNOWLEDGEMENT OF INVESTIGATIONAL SUBPQENA Legal Department 1950 Franklin Street, 17"11 Floor Oakland; CA 94612 ATTN: Zennie Coughlin NOTICE ?This Investigational Subpoena Duces ?Tecum is served pursuant to California I Government Code ?11 184 and Code of Civil Procedure ?4 1 5 .30. Failure to complete this form and return it to the sender within 20 days may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a subpoena upon you in any other mannefpermitted'by law. Ifyou are served on behalf of a corporation, unincorporated association (including a partnership) or other entity, this form must'be signed in the name of such entity by you. or by a person authorized to receive service of process on . behalf of such entity. In all other caSes, this form must be signed by you pelsonally or by a person authorized by you to acknowledge receipt of a subpoena. Section 415.30 p1 ovides that this subpoena-is deemed served onthe date of execution of an aclmowledgment ofreceipt of subpoena. . I Dated: Febr'uarv 15 72.019 . ACKNOWLEDGMENT OF RECEIPT This acknowledges receipt on . 20 of .a copy iof the - investigatibnal subpoena. Signature -- Printed Name [New 2109) inthe matter of?le Investigation of} THE DIVISION oh comsvm Arum STATE 01v CALIFORNIA 16 _tt' NOTICE amt Case Number 8002017030405 ACKNOWLEDGEMENT 9.3" To: The?rmanente Medical Group, HSVESTEGATIONAL SWPOENA . Legal Department 1 IMOanlcliu Streht, 171911100:- Oakland, CA 94612 ATTN: Zennle'Gonghlin NQTICE This Investigatianal Suhpoena Dunes Team is served pursua?t to California 3 Government Code 1184 and Code ofCivil Procaduw ?415.30. Failm'e to complete this form. and return it to the sender within 20 days may suhj Get you (or the party on who'sa- Behalf you are being served) to liahility for the payment ofany expenses incurred' :11 serving a subpoena upon you in _my other manner pennitted by law. If you are served on behalfofa corporation, unincorporated association (including apartnorship) or other exitity, this form must be signed in the name of such by you or by a person authorized to receive sex-juries: of procass on I behalf of hue}: entity In all other mes, this must be signed by you personally or by a person authoring! 53! you to witnowled?ge receipt of a subpoena Section 415 .30 provides that thia 311pr is damned served on the date. of execution ofan ofteceipt of . suhpaena. . Dated: ACKNOWLEDGMENT Oi? RECEIPT . This acknowledges receipt on . 20 of a copy of the_ ?1%in 7 ?Zam- 1210?.?qu Signature - hinted Name (m ATTACHMENT Marion?s Inn up Mark Palley Latham Square Telephone ThomasM. Freeman 1611 Telegraph Axle? Suite 707 . (510) 451-6770 Yvonne-M. Pierrou Oakland, California 94612-2145 . Facsimile .. (510)451-1711 Denise Ngo John A. Newton RECENED April 2019 . an a 2839 Ms. Monica Peretto Division of Investigation HQIU Health Quality Investigation Unit 2535 Capitol Oaks Driye, Suite 220 Sacramento, CA 95833 BY U.S. MAIL - RE: In. the mailer ofth'e investigation. of? Mm'y?Sutton Before The Department of Consumer Affairs Case No. 8002017030405 Dear Ms. Peretto, I am attaching the response from The Permanente Medical Group, Inc. to the investigational subpoena recently "served 011? of the Permanente Medical G1 oup, I..nc Qu1 client' IS prepared to provide the names and the other information of Its patients, as requested inlthe subpoena, if ordered to do so by a court and our client Is p1epared to stipulate to the issuance? of such an order. Accordingly, please See the Response from to the SDT, and a draftistipulation and draft order 'for your censideration. Please feel free to call me' or Denise Ngo- ifyou have any questions. Thank you. Sincerely, Thomas M. F1eeman