`
`JEFFREY M. VUCINICH, ESQ. BAR#: 67906
`Email: jvucinich@clappmoroney.com
`SHERRETT O. WALKER, ESQ. BAR#: 286595
`Email: swalker@clappmoroney.com
`CLAPP, MORONEY, VUCINICH, BEEMAN and SCHELEY
`A PROFESSIONAL CORPORATION
`1730 S. El Camino Real, Suite 500
`San Mateo, CA 94402
`TEL: (650) 989-5400 | FAX: (650) 989-5499
`
`Attorneys for Defendants
`CITY OF ANTIOCH AND ANTIOCH WATER PARK
`
`
`
`JAYSON ROBINSON, a minor, by and
`through his Guardian Ad Litem, PHILANA
`STEARNE,
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`
`
`vs.
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`ANTIOCH UNIFIED SCHOOL DISTRICT;
`ANTIOCH WATER PARK; CITY OF
`ANTIOCH; and DOES 1 through 100,
`inclusive,
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`
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`
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`COUNTY OF CONTRA COSTA – UNLIMITED JURISDICTION
`
` Case No. CIVMSC20-02420
`
`DECLARATION OF SHERRETT
`WALKER IN SUPPORT OF DEFENDANT
`CITY OF ANTIOCH’S MOTION TO
`COMPEL INDEPENDENT MEDICAL
`EXAMINATION WITHOUT A THIRD
`PARTY
`
`
`Date:
`
`Time:
`Dept.: 18
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`Complaint filed: November 24, 2020
`Trial Date: October 27, 2025
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`
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`Plaintiff,
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`Defendants,
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`
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`I, Sherrett Walker, declare the following:
`1.
`I am an Attorney at Clapp, Moroney, Vucinich, Beeman & Scheley, counsel for the
`City of Antioch in this action. I have personal knowledge of the facts set forth in this Declaration,
`and if called as a witness, could and would testify competently to such facts under oath. I make this
`declaration in support of Defendant City of Antioch’s Motion for Leave for a Neurological
`Examination of Plaintiff JAYSON ROBINSON, a minor, by and through his Guardian Ad Litem,
`PHILANA STEARNE, without a Third-Party present and without audio or video recording.
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`DEC OF SHERRETT WALKER ISO DEF CITY OF ANTIOCH’S MTC IME WITHOUT THIRD PARTY
`OBSERVERS AND RECORDINGS
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`Electronically Filed Superior Court of CA County of Contra Costa 1/9/2025 2:26 PM By: A. Stewart, Deputy
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`2.
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`Plaintiff filed the Complaint on November 24, 2020, in the Superior Court of the
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`State of California County of Contra Costa.
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`3.
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`Plaintiff then filed the First Amended Complaint on September 13, 2021. Plaintiff’s
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`claims against Defendant are a liability claim pursuant to Gov. Code § 815.2, Negligence, and
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`negligent supervision of a minor. Plaintiff’s claims for damages include past and future medical,
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`psychotherapy, and related expenses, general damages for physical and mental pain and suffering,
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`sever and extreme emotional distress, and for damages for future lost wages and loss of earning
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`capacity Attached as Exhibit A is a true and correct copy of Plaintiff’s First Amended Complaint.
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`4.
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`On August 30, 2023, after reviewing the moving and opposing papers, and hearing
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`oral arguments from counsels, the Court granted Defendant’s motion for leave of court for mental
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`examination of Plaintiff Jayson Robinson under the following conditions: 1) Plaintiff’s
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`psychologist may be present, 2) Plaintiff may record the entirety of the examination; and 3)
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`Plaintiff will not sign any paperwork. Attached as Exhibit B is a true and correct copy of the
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`Order regarding Defendant’s Motion for Mental Examination.
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`5.
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`On August 1, 2024, Defendant’s counsel served Defendant’s Amended Demand for
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`Independent Neuropsychological Evaluation of Plaintiff Minor Jayson Robinson. Attached as
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`Exhibit C is a true and correct copy of the Amended Notice and Proof of Service.
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`6.
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`On August 7, 2024, Plaintiff’s counsel first insisted that Defendant had no right to
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`perform a neuropsychological exam and, later, asked Defendant if Defendant had contacted
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`Plaintiff’s psychologist to see if she would be available for the examination. Attached as Exhibit
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`D is a true and correct copy of the emails between Plaintiff’s counsel and Defendant’s counsel.
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`7.
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`Attached as Exhibit E is a true and correct copy of Dr. O’Grady’s Curriculum
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`Vitae.
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`8.
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`Attached as Exhibit F is a true and correct copy of the The Official Statement of
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`the National Academy of Neuropsychology, Archives of Clinical Neuropsychology, Vol. 15.
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`No.5, pp. 379-80, (2000).
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`9.
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`Attached as Exhibit G is a true and correct copy of the Kyle Brauner Boone, et
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`al.’s (2022) Official position of the American Academy of Clinical Neuropsychology on test
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`DEC OF SHERRETT WALKER ISO DEF CITY OF ANTIOCH’S MTC IME WITHOUT THIRD PARTY
`OBSERVERS AND RECORDINGS
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`security, The Clinical Psychologist, 36:3. 523-545, DOI: 10.1020/13854046.2021.2022214.
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`10.
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`On October 8, 2024, Plaintiff served a Response to the Demand. Attached as
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`Exhibit H is a true and correct copy of Plaintiff’s Response and the parties’ meet and confer
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`communications.
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`I declare under penalty of perjury under the laws of the state of California that the foregoing
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`is true and correct. Executed this 29th day of December 2024 at San Mateo, California.
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` Sherrett O. Walker, Declarant
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`3
`DEC OF SHERRETT WALKER ISO DEF CITY OF ANTIOCH’S MTC IME WITHOUT THIRD PARTY
`OBSERVERS AND RECORDINGS
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`EXHIBIT A
`EXHIBIT A
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`

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`DEL RIO & CARAWAY, P.C.
`Daniel R. Del Rio (SBN 237968)
`Charles D. Caraway (SBN 289360)
`Matthew D. Engebretson (SBN 231994)
`2335 American River Drive, Suite 200
`Sacramento, California 95825
`Telephone:
`(916) 378-4705
`Facsimile:
`(916)378-4706
`
`F' L En
`NOV 2 3 2021 ^
`
`Attorneys for Plaintiff
`
`By.
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`IN AND FOR THE COUNTY OF CONTRA COSTA
`
`Case No.: MSC20-02420
`
`FIRST AMENDED COMPLAINT
`FOR DAMAGES
`
`Jury Trial Demanded
`
`JAYSON ROBINSON, a minor, by and
`through his Guardian Ad Litem,
`PHILANA STEARNE,
`
`Plaintiff,
`
`v.
`
`ANTIOCH UNIFIED SCHOOL
`DISTRICT, ANTIOCH WATER PARK,
`CITY OF ANTIOCH, and DOES 1
`through 100, inclusive,
`
`Defendants.
`
`COMES NOW Plaintiff JAYSON ROBINSON, a minor, by and through his Guardian
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`Ad Litem, PHILANA STEARNE (“PLAINTIFF”) and allege against Defendants ANTIOCH
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`21 UNIFIED SCHOOL DISTRICT, ANTIOCH WATER PARK, CITY OF ANTIOCH, and
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`22 DOES 1 through 100, inclusive, and each ofthem as follows:
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`1 . PLAINTIFF is a minor and a natural person who is a resident of the Contra Costa
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`County, California.
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`2. Defendant ANTIOCH UNIFIED SCHOOL DISTRICT is, and all relevant times
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`herein, a public school district, organized and operating under the laws ofthe State of
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`California and ANTIOCH UNIFIED SCHOOL DISTRICT is located in and operating
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`in Contra Costa County, California.
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`1
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`FIRST AMENDED
`COMPLAINT FOR DAMAGES
`
`

`

`3 . At all times mentioned herein, Jack London Elementary School is a public elementary
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`school within ANTIOCH UNIFIED SCHOOL DISTRICT, and Jack London
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`Elementary School
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`is operated, managed, and controlled by ANTIOCH UNIFIED
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`SCHOOL DISTRICT.
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`4. Defendant ANTIOCH WATER PARK is, and all relevant times herein, was and is a
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`municipally organized amusement park duly organized and existing by virtue of the
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`laws of the State of California.
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`5.
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`Defendant CITY OF ANTIOCH is, and all relevant times herein, was and is a
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`municipal corporation duly organized and existing by virtue of the laws of the State
`
`of California.
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`6. The true and correct names and capacities of Defendants, whether individual,
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`corporate, associate, or otherwise, sued herein as DOES 1 through 100, inclusive, are
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`presently unknown to PLAINTIFF, who therefore sues such Defendants by fictitious
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`names, pursuant to Code of Civil Procedure section 474. PLAINTIFF is informed and
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`believes and thereon alleges that the fictitiously named Defendants, and each of them,
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`sued as DOES 1 through 100, inclusive, are in some manner legally responsible to
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`PLAINTIFF for the events and happenings herein referred to, and proximately caused
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`damages to PLAINTIFF as set forth herein. PLAINTIFF will seek leave of court to
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`amend this Complaint to insert the true names and capacities of said fictitiously named
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`Defendants, and each of them, when the same have been ascertained.
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`7. PLAINTIFF is informed and believes and on that basis alleges that at all times relevant
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`herein, each of the Defendants, including each fictitiously named Defendant, was the
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`partner, agent, joint venture, co-conspirators, servant and/or employee of each of the
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`Defendants, and in doing the acts or things alleged herein were acting within the
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`course and scope of such partnership, agency, joint venture, conspiracy, employment
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`and/or other relationship stated herein, and in doing the acts herein alleged was acting
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`with the consent, approval, ratification, permission and or authorization of each of the
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`other Defendants.
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`2
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`FIRST AMENDED
`COMPLAINT FOR DAMAGES
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`8. On or about November 5, 2019, PLAINTIFF presented to ANTIOCH UNIFIED
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`SCHOOL DISTRICT, by mailing to ANTIOCH UNIFIED SCHOOL DISTRICT, a
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`written claim for the injuries, disability, losses, and damages suffered and incurred by
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`him by reason of the acts and omissions described herein, all in compliance with the
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`requirements of California Government Code sections 900 through 915.4. A copy of
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`the claim is attached hereto as Exhibit A.
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`9. On or about January 7, 2020, ANTIOCH UNIFIED SCHOOL DISTRICT responded
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`stating they have received the written claim on November 12, 2019 and requested that
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`we not include ANTIOCH UNIFIED SCHOOL DISTRICT in the lawsuit. A copy of
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`the letter is attached hereto as Exhibit B.
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`10. On or about November 5, 2019, PLAINTIFF presented to CITY OF ANTIOCH,
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`by mailing to the CITY OF ANTIOCH, a written claim for the injuries, disability,
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`losses, and damages suffered and incurred by him by reason of the acts and omissions
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`described herein, all in compliance with the requirements of California Government
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`Code sections 900 through 915.4. A copy of the claim is attached hereto as Exhibit C.
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`11. On or about May 28, 2018, CITY OF ANTIOCH rejected the claim in its entirety
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`and failed to act on the claim within the period of 45 days after its presentation, and
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`the claim was thus deemed rejected, under the provisions of California Government
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`Code section 912.4 of the Government Code. A copy of the rejection is attached
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`hereto as Exhibit D.
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`12. From approximately 2012 - 2020, PLAINTIFF was a student at Jack London
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`Elementary School. While PLAINTIFF was a student at Jack London Elementary
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`School, Dolores Williams was the principal of Jack London Elementary School.
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`13. On or about May 28, 2018, PLAINTIFF was in the fifth-grade and assigned as a
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`student in Shelly Travers class.
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`III
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`3
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`FIRST AMENDED
`COMPLAINT FOR DAMAGES
`
`

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`14. PLAINTIFF is a fifth-grade student with Wolff-Parkinson White Syndrome and a
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`learning disability. PLAINTIFF is enrolled in special education instruction classes
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`which entail his removal from class 1 0 times a week for help with academics and to
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`be provided extra educational resources.
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`15. On May 28, 2019, PLAINTIFF attended school sponsored activity with his class to
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`Antioch Water Park located at 4701 Lone Tree Way, Antioch, CA 94531.
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`16. While at the water park, PLAINTIFF was concurrently under the direct supervision
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`of Defendants employed by Defendant ANTIOCH UNIFIED SCHOOL DISTRICT,
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`and employees of Defendant ANTIOCH WATER PARK.
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`17. Students were transported via bus from the school to Antioch Water Park.
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`1 8. PLAINTIFF’S Guardian Ad Litem, PHILANA STEARNE, provided written notice to
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`Defendants that PLAINTIFF could not swim, and was not to be allowed to swim on
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`the excursion.
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`19. Defendants ignored the written notice of PLAINTIFF’S Guardian Ad Litem,
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`PHILANA STEARNE, and through failed supervision, PLAINTIFF entered the pool.
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`20. Due to lack of supervision, PLAINTIFF was
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`found at
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`the bottom of the pool
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`unconscious after an unknown amount of time. PLAINTIFF was extracted from the
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`pool and found to be pulseless and apneic. Lifeguards performed 4 rounds of CPR and
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`PLAINTIFF finally awoke. PLAINTIFF was then airlifted and rushed to UCSF
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`Children’s Hospital in Oakland.
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`FIRST CAUSE OF ACTION
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`Liability Claim Pursuant to Gov. Code § 815.2 - As to Defendants ANTIOCH UNIFIED
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`SCHOOL DISTRICT and CITY OF ANTIOCH
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`21. PLAINTIFF re-alleges and incorporates by reference Paragraphs 1
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`through 20 as
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`though fully set forth herein.
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`4
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`FIRST AMENDED
`COMPLAINT FOR DAMAGES
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`

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`22. At all times herein mentioned, Defendant ANTIOCH UNIFIED SCHOOL DISTRICT
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`was the co-operator of Jack London Elementary School and was responsible for the
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`hiring, supervision, and retention of school employees, such as teachers, aides, and
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`school yard attendants.
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`23. PLAINTIFF is a minor who has Wolff-Parkinson White Syndrome and a learning
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`disability. Defendants ANTIOCH UNIFIED SCHOOL DISTRICT and DOES 1-100
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`were well aware of PLAINTIFF’S disabilities.
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`24. On May 28, 2019, PLAINTIFF lawfully attended a school sponsored activity with his
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`class at Jack London Elementary School. PLAINTIFF’S Guardian Ad Litem,
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`PHILANA STEARNE, had signed a permission slip that clearly indicated that
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`PLAINTIFF could not swim. During the excursion at Antioch Water Park,
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`PLAINTIFF was found at the bottom of a pool unconscious after an unknown amount
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`of time, while under the supervision of Defendant ANTIOCH UNIFIED SCHOOL
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`DISTRICT and DOES 1-100.
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`25. Defendants ANTIOCH UNIFIED SCHOOL DISTRICT were provided with written
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`notice of PLAINTIFF’S inability to swim and told not to allow him to attempt
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`swimming.
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`26. PLAINTIFF’S harm was caused by Defendants’
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`ignorance of the written notice and
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`their failure to properly supervise PLAINTIFF. Defendants ANTIOCH UNIFIED
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`SCHOOL DISTRICT and CITY OF ANTIOCH are responsible for that harm because
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`they negligently hired, supervised, and retained DOES 1-100.
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`27. As a proximate result of the wrongful act of defendants, PLAINTIFF is also entitled
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`to recover statutory damages of three times the amount of actual damages, plus
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`attorney's fees, as provided in Civil Code Section 52.
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`28. The above-recited actions of Defendants were done with malice, fraud, or oppression,
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`and in reckless disregard of PLAINTIFF’S safety.
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`5
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`FIRST AMENDED
`COMPLAINT FOR DAMAGES
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`SECOND CAUSE OF ACTION
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`Negligence: Negligent Supervision of PLAINTIFF, a minor - As to All Defendants
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`29. PLAINTIFF re-alleges and incorporates by reference Paragraphs 1
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`through 21 as
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`though fully set forth herein.
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`30. ANTIOCH UNIFIED SCHOOL DISTRICT, ANTIOCH WATER PARK, and CITY
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`OF ANTIOCH had a duty to provide reasonable supervision of PLAINTIFF and to
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`use reasonable care in supervising PLAINTIFF when PLAINTIFF was at Antioch
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`Water Park with his Jack London Elementary School class.
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`31. ANTIOCH UNIFIED SCHOOL DISTRICT, ANTIOCH WATER PARK and CITY
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`OF ANTIOCH knew that PLAINTIFF could not swim.
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`32. Despite the knowledge held by ANTIOCH UNIFIED SCHOOL DISTRICT,
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`ANTIOCH WATER PARK, and CITY OF ANTIOCH, ANTIOCH UNIFIED
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`SCHOOL DISTRICT, ANTICOH WATER PARK, and CITY OF ANTIOCH
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`negligently, carelessly, recklessly and/or unlawfully failed to supervise,
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`failed to
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`provide reasonable supervision of PLAINTIFF, and failed to use reasonable care in
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`protecting PLAITNIFF from drowning.
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`33. As a direct and proximate result of the above described conduct, PLAINTIFF was
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`harmed and suffered extreme physical, emotional, psychological and economic
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`damages as hereinafter described.
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`WHEREFORE, PLAINTIFF prays judgment against Defendants, and each of them, as
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`follows:
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`a.
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`For damages for past and future medical, psychotherapy and related expenses
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`according to proof at the time of trial;
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`b. For general damages for physical and mental pain and suffering, and severe and
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`extreme emotional distress in a sum to be proven at the time of trial;
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`c.
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`For damages for future lost wages and a loss of earning capacity according to proof
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`at the time of trial;
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`FIRST AMENDED
`COMPLAINT FOR DAMAGES
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`d. For damages for past and future education costs according to proof at the time of
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`trial;
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`e. For attorney’s fees;
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`f. Any appropriate statutory damages;
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`g. For prejudgment interest pursuant to statute;
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`h. For the costs of suit herein; and,
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`i. For such other and further relief as the Court deems proper.
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`Dated: September \3 , 2021
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`DEL RIO & CARAWAY, P.C.
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`By:
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`DANIEL
`
`CHARLES D. CARAWAY
`MATTHEW D. ENGEBRETSON
`Attorneys for Plaintiff
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`FIRST AMENDED
`COMPLAINT FOR DAMAGES
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`

`

`Jayson Robinson, a minor, v. Antioch Unified School District, et al.
`Contra Costa Superior Court Case No. MSC20—02420
`PROOF 0F SERVICE
`I am a resident of the State of California, over the age of eighteen years, and not a party to the
`within action. My business address is the Del Rio & Caraway P.C. 2335 American River Drive, Suite
`200, Sacramento, California 95825. On the date below I served the within document(s):
`FIRST AMENDED COMPLAINT FOR DAMAGES
`BY ELECTRONIC SERVICE: By electronically transmitting the document(s)
`listed above to the email address(es) of the pers0n(s) set forth below, based on a
`court order or agreement of the parties to accept service via electronic transmission.
`The email address I used to transmit these documents is vicki@delriolawoffice.conn
`on this date. No electronic message or other indication that the transmission was
`unsuccessful was received within a reasonable time after the transmission. We will
`provide a physical copy, upon request only.
`
`m
`
`Attorneys for Defendant,
`ANTIOCH UNIFIED SCHOOL
`DISTRICT
`
`Attorneys for Defendant,
`CITY OF ANTIOCH
`
`Timothy P. Murphy, Esq.
`Cody Lee Saal, Esq.
`EDRINGTON, SCHIRMER & MURPHY LLP
`2300 Contra Costa Boulevard, Suite 450
`Pleasant Hill, CA 94523-3936
`Tel: (925) 827-3300
`Fax: (925) 827-3320
`Emails: tmurphyéb,esnnlawfinn.com
`csaalfcbeqmlawfirm cont
`Jeffrey M. Vucinich, Esq.
`Elizabeth D. Rhodes, Esq.
`CLAPP, MORONEY, VUCINICH, BEEMAN
`and SCHELEY
`A PROFESSIONAL CORPORATION
`1111 Bayhill Drive, Suite 300
`San Bruno, CA 94066
`Tel: (650) 989-5400
`Fax:
`989-5499
`Emai s: ivucinich@clappmoroney.com
`€650)
`erhodesftbclannmoronev com
`
`I declare under penalty of perjury under the laws of the State of California that the above is true
`and correct.
`
`Executed on December 9, 2021 at Sacr
`
`ento California.
`
`By
`
`Vicki Tsverov
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`EXHIBIT B
`EXHIBIT B
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`E10
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`SE
`
`DEL RIO & CARAWAY, P.C.
`Daniel R. Del Rio (SBN 237968)
`Charles D. Caraway (SBN 289360)
`Matthew D. Engebretson (SBN 231994)
`2335 American River Drive, Suite 200
`Sacramento, California 95825
`Telephone: (916) 378-4705
`Facsimile: (916) 378-4706
`Attorneys for Plaintifi's
`
`123456789
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`IN AND FOR THE COUNTY OF CONTRA COSTA
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`JAYSON ROBINSON, a minor, by and
`through his Guardian ad Litem, PHILANA
`STEARNE,
`
`Plaintifi',
`
`v.
`ANTIOCH UNIFIED SCHOOL DISTRICT,
`ANTIOCH WATER PARK, CITY OF
`ANTIOCH, and DOES l through 100,
`inclusive,
`_m&ndams.
`
`Case No.: MSC20-02420
`w
`madman/n1 ORDER
`
`Hearing Date:
`Hearing Time:
`Dept:
`
`August 21, 2023
`9:00 A.M.
`18
`
`Complaint Filed:
`Trial Date:
`
`November 24, 2020
`TBD
`
`This matter came before the Court for hearing on August 21, 2023. Charles D. Caraway,
`of Del Rio & Caraway, A Professional Law Corporation, appeared on behalf of Plaintiff,
`JAYSON ROBINSON, a minor, by and through his Guardian Ad Litem, PHILANA STEARNE
`(hereinafier "Plaintifi"). Sherrett Walker, of Clapp, Moroney, Vucinich, Beeman, & Scheley,
`appeared on behalf of Defendants, CITY OF ANTIOCH and ANTIOCH WATER PARK
`(hereinafier "Defendants").
`The Court having reviewed the moving and opposing papers for Defendant's Motion for
`Leave of Court for a Mental Examination of Plaintifl' and entertained oral arguments of counsel,
`the Court finds, adjudges, and orders as follows:
`///
`
`-1 -
`[PROPOSED] ORDER
`
`7\
`
`

`

`1. The Court adopts the tentative ruling attached hereto as Exhibit 1.
`2. The parties are to meet and confer concerning the proprietary information of the mental
`examiner's policies, procedures, and writings.
`
`1234567009
`
`(V)
`CC
`Honorable Judge D
`Contra Costa County SPpQ'iyrm
`
`T
`
`l\
`
`Dated:
`<22 -30.-
`
`Zclj
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`-2 _
`[PROPOSED] ORDER
`
`

`

`
`EXHIBIT 1EXHIBIT 1
`EXHIBIT1
`
`

`

`Superior Court of California, Contra Costa County
`
`K. BIeker
`Court Executive Officer
`
`Department 18
`925-608-1000
`_w_\_vw.cc-courts.org
`
`ROBINSON VS ANTIOCH UNIFIED SCHOOL
`
`MINUTE ORDER
`
`MSC20-02420
`HEARING one 03/21/2023
`'HEARING ON MOTION IN RE LEAVE OF COURT FOR A MENTAL EXAMINATION OF
`PLTF
`
`_
`
`PROCEEDINGS
`
`DEPARTMENT 18
`JUDICIAL OFFICER DANIELLE K DOUGLAS
`
`_
`
`CLERK ELLEN ROMERO
`COURT REPORTER NOT REPORTED
`
`JOURNAL ENTRIES
`
`Attorney Charles Caroway appeanng on behalf of PlaIntIff Via Zoom
`Attorney Sherrett Walker appearing on behalf of Defendant VIa Zoom
`After heanng oral arguments the Court adopts the tentative ruIIng as follow5'
`Defendant's motIon for leave of court for mental examInatIon of PIaIntIff Jayson RobInson Is granted
`under the following conditions: (1) Plaintiff's psychologist may be present; (2) Plaintiff may record the
`entirety of the examination; and (3) Plaintiff will not sign any paperwork.
`
`FUTURE HEARINGISI
`
`DATED: 8/21/2023
`
`BY:
`
`-—
`
`E. ROMERO, DEPUTY CLERK
`
`

`

`Robinson v. Antioch Unified School District, er a1.
`Contra Costa County Court Case No. MSC20-02420
`PROOF OF SERVICE
`I am a resident of the State of California, over the age of eighteen years, and not a party
`to the within action My business address IS the Del Rio & Caraway P.C 2335 American River
`Drive, Suite 200, Sacramento, California 95825. On the date below I served the within
`document(s):
`
`i
`
`g
`
`.Ej
`
`I
`B
`
`_
`
`E!
`
`El
`
`[PROPOSED] ORDER
`BY FAX: by transmitting via facsimile the-deeument(s) listed above
`to the fax numbcrts) set fortli below on this datebefore 5:00 D.m.'
`BY EMAIL: by transmitting?via electronic mail the document(s)
`listed above from nicole@_'déliiolaWoffice.cam to
`email
`the
`addresstcs') set forth below onthis date
`BY MAIL: by placing the docUme'nt(s) listedabOVe in a sealed
`in'theUnited States mail
`envelbpewithpostagethereonfully
`atSacramento. Californiaaddresse assetforthbelow
`dprcpaid,
`-.BY OVERNIGHTMAIL: by. causing docmhenttsé) to be picked up
`.by-an Overnight delivery service company for delivery to;the:
`Faddréés'eds):onthe next business day"
`,'BY_ PERSONAL SERVICE:bypersonally deliveringa true copy
`thereof to the office of the addressee below:
`
`'
`
`Attorneys for DefendantJCross-
`Complainant, CITY OF
`EANTIOCH/ANTIOCH WATER:
`PARK
`
`I
`
`|
`
`I
`
`l
`
`Attorneys for Cross-Defendant
`ANTIOCH UNIFIED SCHOOLI
`DISTRICT
`
`Jeffrey M Vuclmch Esq
`Sherrett 0 Walker, Es
`CLAPP MORONEY VUCINICH
`BEEMAN & bCI-IELBY
`1730 S E] Cam1no Real Sulte 500
`San Mateo, CA 94402
`Tel: (650) §89-54oo
`Emails: 3vuc1n1ch@clappmoronegcom
`5wwalker®clannmoroneY.com
`Timothy P. Murphy
`Cod Lee Saal
`EDRINGTON, SCI-IIRMFR &
`MURPHY
`2300 Conh'a Costa Blvd Smte 450
`Pleasant Hill, CA 94523
`Tel: (925) 827-3300
`e'smlawfim.c m'
`Emails. tmu 1'1
`csaal@esml awf'lnncom
`I declare under penalty of perjury under the laws of the State of Califomia that the above
`-is true and correct. Executed on August 22, 2023, at Sacramento, California.
`
`I
`
`y:Nicole Rcnfioe
`
`WWW
`
`-1 -
`PROOF OF SERVICE
`
`1234567801
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`EXHIBIT C
`EXHIBIT C
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`

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`
`
`JEFFREY M. VUCINICH, ESQ. BAR#: 67906
`Email: jvucinich@clappmoroney.com
`SHERRETT O. WALKER, ESQ. BAR#: 286595
`Email: swalker@clappmoroney.com
`CLAPP, MORONEY, VUCINICH, BEEMAN and SCHELEY
`A PROFESSIONAL CORPORATION
`1730 S. El Camino Real, Suite 500
`San Mateo, CA 94402
`TEL: (650) 989-5400; FAX: (650) 989-5499
`
`Attorneys for Defendant
`CITY OF ANTIOCH
`
`
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`COUNTY OF CONTRA COSTA – UNLIMITED JURISDICTION
`
` Case No. CIVMSC20-02420
`
`DEFENDANT CITY OF ANTIOCH’S
`AMENDED DEMAND FOR
`INDEPENDENT
`NEUROPSYCHOLOGICAL
`EVALUATION OF PLAINTIFF MINOR
`JAYSON ROBINSON
`
`
`Complaint filed: November 24, 2020
`Trial Date: N/A
`
`
`
`Plaintiff,
`
`
`
`
`
`JAYSON ROBINSON, a minor, by and
`through his Guardian Ad Litem, PHILANA
`STEARNE,
`
`
`
`vs.
`
`ANTIOCH UNIFIED SCHOOL DISTRICT;
`ANTIOCH WATER PARK; CITY OF
`ANTIOCH; and DOES 1 through 100,
`inclusive,
`
`
`
`
`Defendants,
`
`
`TO PLAINTIFF AND TO PLAINTIFF'S COUNSEL OF RECORD:
`
`
`
`Pursuant to CCP §2032.220, defendant, CITY OF ANTIOCH, demands that plaintiff minor,
`
`JAYSON ROBINSON, appear on November 4, 2024, at 9:00 a.m., at located at 1600 South Main
`
`Street, Suite 177, Walnut Creek, CA 94596, 925-256-9696, and submit to a mental examination
`
`conducted by David O'Grady, Ph.D., ABPP, a licensed psychologist, to determine the scope and
`
`extent of Plaintiff minor's emotional, mental, and psychological injuries. The examination shall
`
`continue so long as reasonably required. It will not include any diagnostic test or procedure that is
`
`1
`DEFENDANT CITY OF ANTIOCH’S AMENDED DEMAND FOR INDEPENDENT
`NEUROPSYCHOLOGICAL EVALUATION OF PLAINTIFF MINOR JAYSON ROBINSON
`
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`painful, protracted, or intrusive. Dr. O’Grady is a neuropsychologist. His qualifications are set forth
`
`in the attached curriculum vitae.
`
`The evaluation will consist of (1) a clinical interview, approximately 1 to 1.5 hours; and (2)
`
`a battery of neuropsychological tests (5-7 hours). These are standardized objective tests to evaluate
`
`Plaintiff’s functional abilities in various neurocognitive domains. All the neuropsychological tests
`
`are researched, have been subject to peer review and publication, have known or potential error
`
`rates, and are generally accepted in the appropriate scientific literature. An exam of this nature is
`
`typically conducted over one full day (9:00am -5:30 pm). A lunch break is offered. This examination
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`will not include any diagnostic test or procedure that is painful, protracted, or intrusive. COVID-19
`
`precautions will be observed as needed. Upon request, the claimant must consent to take a COVID-
`
`19 rapid test immediately before the exam (within 24 hours).
`
`Dr. O'Grady requests an opportunity to interview the Plaintiff minor's parents regarding their
`
`child's development and their observations of their child's behavior, learning, mood, and social
`
`functioning. The interview would last 1.5 to 2 hours and could be conducted in person or remotely
`
`by video.
`
`The child's parents will be asked to complete questionnaires to report their observations and
`
`concerns regarding
`
`their child's behavior,
`
`learning, and academic performance. These
`
`questionnaires are standardized, well-researched clinical instruments that are commonly used in
`
`clinical practice and might include: Adaptive Behavior Assessment System-3; Barkley Disruptive
`
`Behavior Rating Scale; Behavioral Assessment System for Children-3; Behavior Rating Inventory
`
`of Executive Function-2; and Child Behavior Checklist.
`
`It is customary in neuropsychology to administer a flexible battery of tests to evaluate
`
`cognitive functioning. In a flexible battery, several tests are administered routinely, and then
`
`decisions are made to give additional tests based on the examinee's performance. This flexible
`
`
`
`
`
`2
`DEFENDANT CITY OF ANTIOCH’S AMENDED DEMAND FOR INDEPENDENT
`NEUROPSYCHOLOGICAL EVALUATION OF PLAINTIFF MINOR JAYSON ROBINSON
`
`
`
`
`
`

`

`
`
`method allows the neuropsychologist to explore specific areas of deficit revealed during the exam.
`
`A complete test battery cannot be specified beforehand because doing so would constrain the
`
`diagnostic process. Tests administered will be selected from the following list, but not all tests listed
`
`will be administered: California Verbal Learning Test (CVLT); CAPS-CA-5; Differential Abilities
`
`Scale-2; DKEFS; Dot Counting Test; Finger Oscillation Test; Finger Tapping Test; Grooved
`
`Pegboard; MSVT; Multidimensional Anxiety Scale for Children-2; NEPSY-2 Neuropsychological
`
`Assessment Battery; PAI-Adolescent; Rey Complex Figure Test and Recognition Trial; Incomplete
`
`Sentences Test; Reynolds Adolescent Depression Scale; Ruff 2 & 7 Selective Attention Test; Test
`
`of Word Reading Efficiency-2; The "b" Test; TOMM; Tower of London-2; Wechsler Individual
`
`Achievement Test-4; Wechsler Adult Intelligence Scale-IV (WAIS-IV); Wechsler Intelligence
`
`Scale for Children-IV (WISC-V); Wechsler Memory Scale-IV (WMS-IV); Wide Range Assessment
`
`of Memory and Learning-3; Wide Range Assessment of Visual-Motor Ability; WMT; and
`
`Wisconsin Card Sorting Test (WCST).
`
`The presence of third parties can have a distorting influence on the clinical process, so third
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`parties may not attend any portion of the evaluation in which tests are administered. A third party
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`may be present during the interview. Audio-recording is the least intrusive means of documenting
`
`the interview and is permissible. The testing may not be tape-recorded because research shows it
`
`alters test performance and risks compromising test security. Raw testing data will be shared only
`
`with a qualified neuropsychologist, not counsel.
`
`
`
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`
`
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`3
`DEFENDANT CITY OF ANTIOCH’S AMENDED DEMAND FOR INDEPENDENT
`NEUROPSYCHOLOGICAL EVALUATION OF PLAINTIFF MINOR JAYSON ROBINSON
`
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`

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`Dated: August 1, 2024
`
`CLAPP, MORONEY, VUCINICH, BEEMAN
`and SCHELEY
`r/
`
`By
`
`JEFFKW W/UCINICH, ESQ.
`SHERRETTO. WALKER, ESQ.
`Attorneys for Defendant
`CITY OF ANTIOCH
`
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`DEFENDANT CITY 0F ANTIOCH'S AMENDED DEMAND FOR INDEPENDENT
`NEUROPSYCHOLOGICAL EVALUATION OF PLAINIIFF MINOR JAYSON ROBINSON
`
`

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` ☐
`
`ROBINSON, JAYSON, et al. v. ANTIOCH UNIFIED SCHOOL DISTRICT, et al.
`
`Contra Costa Superior Court Case No. MSC20-02420
`PROOF OF SERVICE - Civil
`[Code of Civ. Proc. §§ 1011, 1013, 1031a, 2015.5]
`
`METHOD OF SERVICE:
`□ By Mail
`□ By Overnight Delivery
` By Personal Service
`
`☐ By Messenger Service □ By Facsimile
`▣ By E-Mail/Electronic Transmission
`
`
`1.
`
`
`2.
`
`3.
`
`
`I am a citizen of the United States and am employed in the County of San Mateo, State of
`California. I am over the age of 18 years and not a party to the within action.
`My place of employment is 1730 El Camino Real, Suite 500, San Mateo, CA 94402.
`On the date set forth below, I caused to be served a true and correct copy of the document
`described as:
`
`DEFENDANT CITY OF ANTIOCH’S AMENDED DEMAND FOR INDEPENDENT
`NEUROPSYCHOLOGICAL EVALUATION OF PLAINTIFF MINOR JAYSON
`ROBINSON
`
`I served the document on the persons below, as follows:
`
`4.
`
`
`
`5.
`
`
`
`
`
`
`
`
`
`
`Charles D. Caraway, Esq.
`Del Rio & Caraway, P.C.
`2335 American River Drive, Suite 200
`Sacramento, CA 95825
`Tel: (916) 378-4705
`Fax: (916) 378-4706
`Email: charles@delriolawoffice.com
`Ashley Avila-Mendoza
`Email: ashley@delriolawoffice.com
`Nicole Renfroe
`Email: nicole@delriolawoffice.com
`Attorneys for Plaintiff JAYSON ROBINSON,
`a minor, by and through his Guardian Ad
`Litem PHILANA STEARNE
`
`Timothy P. Murphy, Esq.
`James Marzan, Esq.
`Edrington, Schirmer & Murphy LLP
`2300 Contra Costa Boulevard, Suite 450
`Pleasant Hill, CA 94523
`Tel: (925) 827-3300
`Fax: (925) 827-3320
`Email: tmurphy@esmlawfirm.com
`Email: jmarzan@esmlawfirm.com
`Dana Moxley
`Email: dana@esmlawfirm.com
`Attorneys for Defendant/Cross-Defendant
`ANTIOCH UNIFIED SCHOOL DISTRICT
`
`
`The document was served by the following means (specify):
`BY PERSONA