EUN JUNG LIM
17192 Murphy Ave., # 17723
Irvine, CA 92623
949/229-0302
invokemyright@protonmail.com
Plaintiff In Pro Per
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
EUN JUNG LIM,
Plaintiff
v.
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN; and HERBERT
CONRAD,
Defendants
Case No.: 30-2022-01242187
STATEMENT OF UNDISPUTED
MATERIAL FACTS IN SUPPORT OF
MOTION FOR SUMMARY JUDGMENT.
COMES NOW, Plaintiff, EUN JUNG LIM, pro se, files this Statement of Undisputed
Material Facts in Support of Motion for Summary Judgment pursuant to Cal. R. 3.1350(c)(2).
Plaintiff’s undisputed material facts and
Supporting Evidence
Defendant’s Response and Supporting
Evidence
1. Plaintiff filed an action against Hoag
Memorial Hospital Presbyterian (hereinafter
"Hoag Hospital") and Herbert Conrad on or
about January 25, 2022. In the Complaint,
Plaintiff alleged that Defendants were
blameworthy for negligence, malicious
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STATEMENT OF UNDISPUTED MATERIAL FACTS
prosecution, and intentional infliction of
emotional distress. (Evidence A; Plaintiff’s
Complaint and summons, pg. 3)
2. Summons was also served on Hoag Hospital
and on Feb 2, 2022, Herbert Conrad on August
5, 2022. The Defendants had 30 days to
respond according to the law. (Evidence A;
Plaintiff’s Complaint and summons, pg. 3)
3. On or about March 8, 2022, Defendant Hoag
Memorial Hospital Presbyterian filed an
Answer to Plaintiff’s Complaint. (Evidence. B,
Hoag Hospital’s Answer, pg. 22)
4. Hoag Hospital’s Answer was filed beyond
the thirty days’ time limit required under the
law. This Defendant’s conduct was a blatant
violation of Rule 3.110(d), which provides that
responsive pleadings must be filed within
thirty (30) days of the filing of a Complaint, or
within a 15-day extension as stipulated by the
parties to the case.
5. Plaintiff filed a Motion to Strike
Defendant’s Answer. (Evidence F, pg. 49)
6. In the Judge’s tentative ruling, the Judge
only noted that Plaintiff had prematurely filed
the motion “only 8 days after Defendant Hoag
answered.” (Evidence C, The Tentative
Order, pg. 31)
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STATEMENT OF UNDISPUTED MATERIAL FACTS
7. In the Tentative Ruling, the Judge did not
notice that the Defendant had filed their answer
beyond the statutorily allowed time limit of
thirty (30) days. Contrary to the Judge’s
statement, the Motion for Summary Judgment
was filed eight days after the Defendant’s
untimely answer, and not eight days after
initial services. The parties had not stipulated
that the Defendant could file the responsive
pleading any time after the thirty days.
(Evidence C, The Tentative Order, pg. 31)
8. Plaintiff filed a Motion for Reconsideration
(Evidence G, pg. 58)
9. At the time Plaintiff filed the motion for
summary judgment, Defendant Herbert Conrad
had not been served because this Defendant
intentionally hid his identity to avoid
Defending the case.
10. Plaintiff filed a Response to the
Declaration of Jo Lynn Valoff and Scott
Runnel in support of the opposition to
Plaintiff’s motion for summary judgment
(Evidence H, pg. 71)
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STATEMENT OF UNDISPUTED MATERIAL FACTS
Plaintiff’s undisputed material facts and
Supporting Evidence
Defendant’s Response and Supporting
Evidence
1. The Court was aware that the Defendants
had not filed any response to the Plaintiff’s
Complaint within the required timeline. (
Evidence D, Docket statement, pg. 33)
2. Defendant Hoag Hospital filed their answer
on March 8, 2022, which is beyond the thirty
days requirement. (Evidence B, Hoag
Hospital’s Answer, pg. 22)
3. Herbert Conrad, the second Defendant, had
not filed any response at the time that Plaintiff
filed the motion for summary judgment.
4. Plaintiff had filed an Affidavit of Fee
Schedule, at the time the motion for summary
judgment was filed. (Evidence E, Affidavit of
Fee Schedule, pg. 40)
Respectfully submitted,
Signature
_________________________
EUN JUNG LIM
17192 Murphy Ave., # 17723
Irvine, CA 92623
949/229-0302
invokemyright@protonmail.com
Plaintiff In Pro Per
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STATEMENT OF UNDISPUTED MATERIAL FACTS
CERTIFICATE OF SERVICE
I hereby certify that on [ENTER DATE], copies of the foregoing document have been
sent to the Defendant in the following address:
CARROLL, KELLY, TROTTER & FRANZEN
MICHAEL J. TROTTER (SBN 139034)
JO LYNN VALOFF (SBN 177081)
111 West Ocean Boulevard, 14th Floor
Post Office Box 22636
Long Beach, California 90801-5636
Telephone No. (562) 432-5855 / Facsimile No. (562) 432-8785
mjtrotter@cktflaw.com / jlvaloff@cktflaw.com
Attorneys for Defendant, Hoag Memorial Hospital Presbyterian
DATED: ______________
Respectfully submitted,
Signature
_________________________
EUN JUNG LIM
17192 Murphy Ave., # 17723
Irvine, CA 92623
949/229-0302
invokemyright@protonmail.com
Plaintiff In Pro Per
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