Takus testified that the only company authorized to collect on behalf of Stanford was NCI.   He also testified that Bone & Associates was the only agency authorized to collect on behalf of UCI.   But yet, WCSC had been paid for liens from these two hospitals when none of the hospital representatives knew WCSC from Adam. 

This is a theme which had come up before and would repeatedly come up again.  

After the DOI witness stepped down, the DA, Thomas Schultz, moved to have the Civil Depositions of Hector Porrata dated February 2007, and Rene Montes dated December 2006, admitted into evidence.

Thomas Schultz, DA:  “There are limited portions I am asking to have introduced.”  

But, Mary Kreber, George Martinez’ defense attorney, was the first of the three defense attorneys present in the Court Room to object to the depositions being entered into evidence. 

Mary Kreber, Esq.: “I do not believe any of this evidence can be entered against my client, George Martinez.” 

Judge Streger: "Her client wasn’t a party to the law suit."

Thomas Schultz, DA:  "There is evidence of this conspiracy.  These are the admissions of co-conspirators." 

Mary, whom I’ve privately nicknamed “Mary Mary Quite Contrary” and also “The Conscientious Objector” loves to object to prosecution questions and witness answers in spades.  She seems to voice objections four to five times more than the other defense attorneys and she’s very big on “Objection: Hearsay”.   But I saw this objection of Mary’s as one of her most reasonable: indeed, her client, George Martinez, had not even been a party to that law suit.  The only two defendants who had been sued by Coast Hospital in that 2006 Civil Case were Hector Porrata and Rene Montes.

The Civil Complaint had been filed on August 11, 2006 by Coast Plaza Hospital against Rene Montes and Hector Porrata for Fraud, Conversion, and Interference with Transactional Relations.

Judge Elaine Streger:  “Has the Civil Case been resolved?” 

Tom Schultz, DA: “My understanding is that the Civil matter has been resolved.”

Fred McBride, Rene Montes’ counsel, then objected.  McBride’s argument against having the Depositions admitted into evidence is what I’m calling the “voluntariness argument”. 

McBride asserted that for evidence to be submitted it has to have been given voluntarily.  Fred says his client, Montes, was subpoenaed by a civil action and his deposition was demanded, therefore he had to give his deposition.  It wasn’t voluntary.  But Judge Streger gave a quizzical look plus some further discussion, then finally told McBride to research this argument further.

The next witness for the prosecution was Marla Mullins.  She had been a collector with Grant & Weber in Calabasas from March 2005 to November 2007.  She carried herself with an air of power and beauty like a Demi Moore character.

Marla had been collecting for Northridge Hospital Medical Center on a case for a Melody Antos, who was the claimant with AIG.  Her file started in December 2004, so she had picked up the case from a previous collector in the Spring of 2005. 

The first adjuster she had contacted at AIG was someone named Leticia.  Never got the last name.  Leticia spoke to Marla and told her she had to track down the client contract, which was either a PPO or a Payer contract, but once she located the contract she would call her back.  Marla made a note to follow up. 

But by the time Marla followed up, Leticia was gone and the new adjuster was someone named Cara.  She came to know of her as Cara Cruz.  On August 2nd 2005 she spoke to Cara, and Cara said exactly as Leticia had said that she would look for the contract. But Cara added that if she didn’t locate the contract within two weeks, she would settle the lien with her without the contract.   Thus, she told Marla to call her back in two weeks.

So, in two weeks time, Marla called Cara back.  Cara answered the call and said to Marla, “You mean no one has contacted you on this?”  Marla stated that no, nobody had contacted her.  To Marla, Cara seemed annoyed.  Then, Cara explained she was going to have Rene Montes call her. Then, Cara told Marla not to tell anybody about Rene calling her.

During the course of her testimony, Marla Mullins stated twice that Cara had asked her not to tell anybody that she was having Rene Montes call her. 

Marla Mullins:  She asked me not to tell anybody (that Rene was going to be the one calling her).  She seemed annoyed.

Two days later, Marla had not yet heard from Rene Montes, so she called Cara again.  Again, according to Marla’s testimony, Cara seemed slightly irritated and anxious to pay this claim.  Cara said to hang tight, she had just spoken to Rene.  He would call Marla that day.

Henceforth that day, August 26th 2005, Rene Montes called Marla.   She asked for $11,000.  Rene said that was kind of high according to the Surgery Fee Schedule.  Rene offered to pay $7,500.  Marla got approval from her boss to settle for $7,500 because Rene promised payment within 10 days.  Rene paid Northridge Hospital $7,500 as he promised within the 10 days and faxed a copy of the check to Marla on September 6th 2005.

Marla testified that she thought Rene worked directly for AIG as either their hearing rep or attorney, or else he was their outside counsel.  She said that was the normal thing so it seemed normal in that sense: defense attorneys and hearing reps are not uncommonly the ones who settle liens.  Marla further testified that Rene Montes insisted that the check be written out directly to Northridge Hospital.  Marla agreed to do that because that wasn’t so unusual either: adjusters often demand to pay the provider directly. 

The DA then asked this witness to look at Exhibit 65.   It was the Notice of Representation by Northridge Hospital for Reed Steinfeld.  Reed Steinfeld is the attorney for Grant & Weber in Calabasas.   The next document was a letter to Cara Cruz Thompson from WCSC stating that WCSC was representing Northridge Hospital.

Thomas Schultz, DA:  “Did Rene Montes tell you he had received $13,500 from AIG for Northridge Hospital?”

Marla Mullins:  “No.” 

After Marla’s testimony, the DA continued with his motion for getting some sections of the Civil Case depositions of Rene Montes and Hector Porrata entered into evidence.  Gil Carreon, Hector’s attorney, as the last defense attorney to object, now finally objected.  He objected on the grounds that his client did not receive the Deposition copy in order to review it and make changes. Since he was not given this opportunity of making any changes, and he was also not allowed to sign it under penalty of perjury, Carreon asked that it not be admissible. 

Judge Elaine Streger (to the DA):  “Do you need it?” 

Thomas Schultz, DA:  “It’s the cherry on the sundae.” 

Judge Streger had asked the same question earlier in the proceedings, and Schultz had hemmed and hawed and not given a direct answer.  I was wondering why he wouldn’t just directly state, yes, I need it.  Or no, I really don’t need it.  He seemed reluctant to make a black or white answer of a yes or no.  So, he stammered around a lot.  Then finally, he made his most unequivocal statement.

Thomas Schultz, DA:  “Let me put on the record a vociferous statement that I would like it in.   Hector admits to things.   He admits to things in the depo.”

Judge Streger: “What did he admit?  That he knew these guys socially?” 

To be continued... Readers may write to writer Lonce LaMon at lonce@adjustercom.com