ANDREW J. ZUCKER, SBN 167348 THE ZUCKER LAW FIRM, APC. 43434 Business Park Drive Temecula, CA.92590 Tel: 951-699-2100 / Fax: 951-699-2102 SUZANNE H. MINDLIN, SBN 182237 P.O, Box 9 Cardiff by the Sea, CA 92007 Tel: 760-822-8908 / Fax: 760-454-7389 Attomeys for Plaintiff: KELLY BENEFIELD IEEE EE ESI t KBM FEB 1110 7S 3 L. VILLANUEV = al SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE - CENTRAL DIVISION Kelly Benefield, Plaintiff, v. ABTTC, Inc. dba A Better Tomoprrow ‘Treatment Centers, Forterus Inc., Forterus Health Care Services, Ine., Paul Howarth, Noreen Bumby, D.O., Jerod Meng, James Andrew Fent, Andrea Powell, Beth Stetar, Jose Rutilo Ochoa, Jr., Kris McCausland, and DOES 1-100, Defendants KELLY BENEPIELD as Sucessor-In-Interest of the ESTATE OF GARY BENEFIELD, Plaintiff, v. ABTTC, Inc,, d/b/a A Better Tomorrow ‘Treatment Centers; FORTERUS INC. FORTERUS HEALTH CARE SERVICES, INC, PAUL HOWART!I; JEROD MENZ: JAMES ANDREW FENT; BETH STETAR; JOSE RUTILO OCHOA, JR.; NOREEN BUMBY, D.O.; ANDREA POWELL; KRIS MCCAUSLAND; JOSIE GANN, and DOES 1-100, Defendants, Case No.: RIC 1112376 (Lead Case) Complaint Filed: 07/26/2011 Consolidated with Case No. RIC 1203152 DECLARATION OF ROBERT SWENSRUD IN SUPPORT OF PLAINTIFI’S OPPOSITION TO DEFENDANTS ABTTC, INC. dha A BETTER TOMORROW TREATMENT CENTER, FORTERUS INC., FORTERUS HEALTH CARE SERVICES, INC’S MOTION FOR SUMMARY JUDGMENT/ADJUDICATION RES #28302 DATE: Feb, 25,2014 ‘TIME: 8:30 a. DEPT: 11 DECLARATION OF ROBERT SWENSRUD ISO PLAINTINF'S OPPOSITION TO DEFENDANTS ARTIC, ING dba A ‘BETTER TOMORROW IREATMENT CENTER, FORTERUS INC, FORTERUS HEALTH CARE SERVICES, INC'S MOTION FOR SUMMARY JUDGMENT/ADIUPICATION CASE NO. RIC 1112376ear anr on 10 12 13 4 15 16 7 18 19 20 24 22 24 25 a |, Robert Swensrud, declare the following to be true and correct: 3. ‘Te Facts set forth in this declaration are within my personal kowledge an, ifcalled a3 witness, Icould and would competently testify thereto, was an employee of A Better Tomorrow for approximately four years starting in 2008, My job duties for A Better Tomorrow Included being a driver and a "house manager" of various homes where patients would be brought to detox from drugs and alcohol. ‘As a house manager | was told by A Better Tamorrow management to follow the “detox protocol” when administering prescription medication to patients. The “detox protocol} was a document that had a list of controlled medications that house managers were to {ive to patients, depending on what drugs or alcohol they were detoxing from. ‘The house managers would talk to incoming patients and look at paperwork to determine what new patients were detoxing from. Then the house manager would look at the detox protocol to determine which medications the patient would be given. ‘The protocol for patients detoxing from alcohol was to give them serax and trazadone ‘These medications would be given to patients at times prior toa patient seeing a ‘medical doctor and without the patient having a prescription for the medication. Dediaration of Rabon Swensrod©evrenr ona 10 12 13 14 15 16 7 18 19 20 24 22 23 24 25 27 28 10. On July 25, 2010 | was a house manager and driver for the San Diego detox house of A Better Tomorrow. 11, On July 25, 2010 | was assigned to pick up Gary Benefield from the San Diego airport bring him to the San Diego detox house where he was to stay for @ 30 day program. 12. When I met Gary at the airport, he arrived with an empty onygen container and | could immediately tell that he was very sick and needed a higher level of care than could be provided at the San Diego house. | asked him if he wanted at that time to have the oxygen container filled and he said, no that he would be fine. 13, Gary smelled of alcohol and | could tell that he had been drinking that day. He also seemed to be confused and agitated and it was unclear if Gary understood everything that | had asked him. 14, Ithen called Meg Dean and told her that Gary appeared to be very sick and that he needed a higher level of medical care than the San Diego house could provide. 15. also told Meg Dean that Gary did not have any Oxygen with him and she said thathe ‘would be given the Oxygen at the Murrieta house later that night. 16, Meg Dean also told me to give Gary two 15mg tablets of Serax to calm Gary down, and to walt at the San Diego house for a driver from Murrieta to come down and pick Gary up and bring him to the Murrieta detox house. 117, When Gary and | arrived at the San Diego house | gave Gary two 15mg tablets of Serax that were from the “house meds” that came from the *house supply” of prescription medicines that were kept on hand as needed. -2- Dediaraton of Rober Swen©ereeer ono 10 1 12 13 4 15 18 7 18 19 20 a 22 23 24 25 ar 19. Gary Benefield did not see a doctor during the time | was with him. 20. After about an hour and a halt a driver came down to the San Diego detox house and picked Gary up. That was the last time saw Gary Benefleld. I declare under penalty of perjury under the laws of the State of California the information provided in this declaration is true and correct. Executed this" day of August, 2013, in San Bernardino, California. esi ‘by Deciarant Robert Swensrud. RTT TF