Fong v. Kaiser Foundation Health Plan

Filed 5/18/06  Fong v. Kaiser Foundation Health Plan CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

                      APPEAL from orders of the Superior Court of Los Angeles County, David  A. Workman, Judge.  Affirmed.

                      Jon W. Fong in pro. per.

                      Seyfarth & Shaw, David D. Kadue, Holger G. Besch and Edith Lee for Martin Gilbert, Oliver Goldsmith, H.S. Kim, Calvin Ted Wood, Steve Nguyen and Gerald Karten, Defendants and Respondents.

INTRODUCTION

                      Plaintiff and appellant Jon W. Fong, D.O. (Dr. Fong) sued a number of Kaiser Foundation entities (referred to collectively as Kaiser) as well as a number of physicians.  The trial court granted the motion to quash service brought by six of the physicians, defendants and respondents Martin Gilbert, M.D., Oliver Goldsmith, M.D., H.S. Kim, M.D., Calvin Ted Wood, M.D., Steve Nguyen, M.D., and Gerald Karten, M.D. (collectively respondents).  When Dr. Fong did not effectuate service, the case was dismissed as to respondents.

                      Dr. Fong appeals from the order granting the motion to quash service and from the order of dismissal.  We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

                      1.  Preliminary facts.

                      On June 28, 2004, Dr. Fong, in propria persona, filed a 94‑ page complaint alleging 22 causes of action against 13 defendants, including respondents and Kaiser.  Dr. Fong was a Kaiser partner.

                      On July 29, 2004, Dr. Fong filed a proof of service for each respondent.  The proofs of service indicated that each respondent had been personally served on June 29, 2004, by Gregory Elamin who had presented the summons and complaints and other documents to Jeff Rogers, a Kaiser partner employed in Kaiser's legal department at Kaiser's office located in Pasadena, California.

                      On July 30, 2004, Dr. Fong requested the trial court enter defaults against respondents and requested judgments in the sum of $21,450,000.  Declarations of mailing indicated that copies of the default requests had been mailed to each respondent at Kaiser's Pasadena address.  The clerk did not enter defaults against respondents.[1]  Dr. Fong admits he was notified that defaults had not been entered.  Dr. Fong states that on August  6, 2004, he received from the clerk of the court notices â€