Emily V. v. Team Health, LLC CA1/3

Filed 4/22/22 Emily V. v. Team Health, LLC CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE

EMILY V., a Minor, etc., et al., Plaintiffs and Appellants, v. A162455

TEAM HEALTH, LLC, (Sonoma County Defendant and Respondent. Super. Ct. No. SCV263680)

Plaintiff Emily V. (Emily) appeals from a February 5, 2021 order granting specially-appearing defendant Team Health, LLC (Team Health)’s motion to quash service of summons and complaint for lack of personal jurisdiction. As the notice of appeal was filed more than 60 days after the superior court clerk served a filed-endorsed copy of the order, we lack jurisdiction to review the order and the appeal must be dismissed.1

1 We deferred until this time consideration of Emily’s request to take judicial notice of certain documents and her separate motion to admit documentary evidence. In light of our determination, we now

1

BACKGROUND In 2018, Emily, by her mother and guardian ad litem, commenced an action for medical malpractice against several defendants for failure to timely diagnose and treat a hip dislocation. A Doe amendment was later filed, naming an entity identified as “TEAMHEALTH” as an additional defendant. Team Health specially appeared, alleging it had been erroneously sued as “TEAMHEALTH,” and moved to quash the service of the summons and complaint for lack of personal jurisdiction on the basis that it is a Tennessee holding company. On January 13, 20212, the superior court held a hearing on Team Health’s motion to quash at which it stated it would grant the motion, explained its reasons for doing so, and directed Team Health’s counsel to prepare a proposed order. On January 15, Team Health’s counsel served the proposed order by mail on opposing counsel, together with a proof of service. On February 5, the superior court signed3 and filed the order granting Team Health’s motion. That same day, the court clerk served

deny both the request for judicial notice and the motion to admit documentary evidence as they are moot. 2 All further dates occurred in 2021. 3 The appendix submitted by Emily does not include a copy of the proposed order showing the date the proposed order was filed in the superior court, but it does include a copy of the order signed by the superior court. The superior court signed the proposed order submitted by Team Health, making no substantive changes, and amending the title of the order to read: “[PROPOSED] ORDER GRANTING SPECIALLY APPEARING DEFENDANT TEAM HEALTH, LLC’S MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT FOR LACK OF PERSONAL JURISDICTION”. Further, the first page of the order includes an endorsed-stamped notation, “FILED Superior