Statement Case Management ConferenceCal. Super. - 6th Dist.July 17, 2018ATTDRNEY DR pARTY IMTHDINATTDRNEY IName, slate Bar number, and addressi KARLENE ROGERS-ABERMAN, ESQ. (SBN 237883) STEPHENSON, ACQUISTO & DOLMAN 303 N. Glenoaks Boulevard, Suite 700, Burbank, CA 91502-3226 TELEPHONE No (818) 559-4477 Fax No toamnali (818) 559-5484 E-MAILADDRESS toplmnali ATTORNEY FOR INamel Plaintiff, STANFORD HEALTH CARE SUPERIOR COURT OF CALIFORNIA,COUNTY OF Santa Clara-Unlimited Jurisdiction GREET AooREss 191 N. First Street MAILINGADDRESS same DITYANDzIPcoDE San Jose, California 951 13 BRA~c~ NAME Downtown Courthouse PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT'EALTHCOMP, ET AL. FOR COURT USE ONLY CM-110 (Check one): CASE MANAGEMENTSTATEMENTK UNLIMITEDCASE M LIMITEDCASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER 18CV331777 A CASE MANAGEMENTCONFERENCE is scheduled as follows: Date 10/30/18 Time: 3:45 PM Dept.: 06 DivJ Room: Address of court (ifdifferent from the address above): Notice of Intent to Appear by Telephone, by (name)i KARLENE ROGERS-ABERMAN, ESQ. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one). a. ~y This statement is submitted by party (name): Plaintiff, STANFORD HEALTH CARE b. ~ This statement is submitted jointly by parties (names): 2 Complaint and cross-complaint (lo be answered by plaintiffs and cross-comp/ainants only) a. The complaint was filed on (date)'/17/18; FAC 8/28/18 b ~ The cross-complaint, if any, was filed on (date) 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a. ~v'llparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) M have not been served (specify names and explain why noi). (2) ~ have been served but have not appeared and have not been dismissed (specify names): Defendant HEALTHCOMP and Defendant FRESNO FIREMANS BENEFIT (3) ~ have had a default entered against them (specify names). c. ~ The following additional parties may be added (specify names, nature ofinvolvementin case, and date by which they may be served): 4. Description of case a Type of case in ~z complaint cross-complaint (Describe, inc/udlng causes ofaction). 1. Quantum Meruit 2. Breach of Implied-In-Fact Contract; 3. Negligent Misrepresentation and 4. Unjust Enrichment Form Adopted for Mandatmy Use Judtual Counul of Caltfomta CM-110 [Rev July I, 2011) CASE MANAGEMENTSTATEMENT Paget ore Cel Rules of Court. miss 3 720-3 730 m oourlscagov Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/15/2018 2:11 PM Reviewed By: System System Case #18CV331777 Envelope: 2057380 18CV331777 Santa Clara - Civil System System PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT HEALTHCOMP, ET AL. CASE NUMBER 18CV331777 CM-110 4 b. Provide a bnef statement of the case, including any damages. (Ifpersonal in/ury damages are sought, specify the injury and damages claimed, including medical expenses to date (indicate source and amount), estimated future medical expenses, lost earnings lo date, and estimated future lost earnings. Ifequitable relief is sought, describe the nature of the relief) Plaintiff rendered medically necessary services and supplies to Defendants'nsureds. Upon demand for payment for said services, Defendants'ailed to pay and/or have underpaid the claims. Plaintiff has been damaged in the amount of $321,000.08 plus interest. (Ifmore space is needed, check this box and attach a page des/gnated as A/tachment 4b.) 5 Jury or nonjury trial The party or parties request H a jury tnal C~] a noniury trial. (Ifmore than one party, provide the name ofeach party requesting ajury trial) 6. Trial date a. ~ The tnal has been set for (date): b. ~ No trial date has been set This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain). c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one) a ~v'ays (specify number): Three (3) b. ~ hours (short causes) (spemfy): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ~ by the attorney or party listed in the caption ~ by the following a. Attorney: KARLENE ROGERS-ABERMAN, ESQ./RICHARD LOVICH, ESQ. b. Firm: Stephenson, Acquisto & Colman c. Address: 303 N. Glenoaks Blvd. ¹700, Burbank, CA 91502 d Telephone number: (818) 559-4477 f Fax number: (818) 559-5484 e E-mail address. g. Party rePresented: Piaintiff Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (spec/fy code section) 10. Alternative dispute resolution (ADR) a ADR information package. Please note that different ADR processes are available in different courts and communities, read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case (1) For parties represented by counsel: Counsel CZ has H has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client (2) For self-represented parties Party H has M has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (ifavailable). (1) ~ This matter is subject to mandatory ludicial arbitration under Code of Civil Procedure section 1141 11 or to civil action mediation under Code of Civil Procedure section 1775 3 because the amount in controversy does not exceed the statutory fimit. (2) ~ Plaintiff elects to refer this case to ludicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) ~v'his case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from evil action mediation under Code of Civil Procedure section 1775 et seq. (speixfy exempiionj: 3.811(b)(8) Amount in controversy exceeds $ 50,000.00 cM-115 IRev Jatr 1, 20111 CASE MANAGEMENTSTATEMENT Page2515 PLAINTIFF/PETITIONER STANFORD HEALTH CARE EFENDANT/RESPONDENT: HEALTHCOMP, ET AL. CASE NUMBER 1BCV331777 CM-110 10 c Indicate the ADR process or processes that the party or parties are willing to partimpate in, have agreed to participate in, or have already participated in (check a//that apply and provide the specifiedinformalion) The party or parties completing this form are willing to participate in the following ADR processes (check a/I that apply) If the party or parties completmg this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties'ADR stipulation) (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (data). Agreed to complete mediation by (date) Mediation completed on (date) (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date) Agreed to complete settlement conference by (date) Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date) Neutral evaluation completed on (data) (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (data): Agreed to complete judicial arbitration by (date). Judicial arbitration completed on (data). (5) Binding private arbitration Pnvate arbitration not yet scheduled Pnvate arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (data). (6) Other (spscify)'DR session not yet scheduledADR session scheduled for (data) Agreed to complete ADR session by (date) ADR completed on (dats). CM-110 [Ruu July 1, 2011] CASE MANAGEMENTSTATEMENT Pugu 3 ur 3 PLAINTIFF/PETITIONER'TANFORDHEALTH CARE DEFENDANT/RESPONDENT'EALTHCOMP, ET AL. CASE NUMBER 18CV331777 CM-110 11. Insurance a. ~ Insurance camer, ifany, for party filing this statement (name). b Reservation of rights: C] Yes H No c. ~ Coverage issues will significantly affect resolution of this case (explain) 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.~ Bankruptcy H Other (specify): Status: 13 Related cases, consolidation, and coordination~ There are companion, underlying, or related cases. (1) Name of case (2) Name ofcourt: (3) Case number. (4) Status~ Additional cases are described in Attachment 13a. b. H A motion to M consolidate ~ coordinate will be filed by (name party) 14. Bifurcation~ The party or parties intend to file a motion for an order bifurcating, sevenng, or coordinating the following issues or causes of action (specify moving party, type ofmotion, and reasons). 15. Other motions~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a ~ The party or parties have completed all discovery. b ~v The following discovery will be completed by the date specified (describe a/I anticipated discovery): ~Part Descriotion Date Plaintiff Interrogatories Request for Production of Documents Request for Admissions Depositions Per C.C.P. Per C.C.P. Per C.C.P. Per C.C.P. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM.110 IRee JU111,2011) CASE MANAGEMENTSTATEMENT Page 4 of 5 PLAINTIFF/PETITIONER STANFORD HEALTH CARE DEFENDANT/RESPONDENT. HEALTHCOMP, ET AL, CASE NUMBER 18CV331777 CM-110 17. Economic litigation a ~ This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case b ~ This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (ifchecked, exp/am specifically why economic litigation procedures relating to discovery or trial should not apply to this case). 18 Otherissues~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19 Meet and confer a. ~ The party or parties have met and conferred with all parties on afi subjects required by rule 3.724 of the California Rules of Court (ifnot, explain). Counsel for Defendants have not yet appeared in this rnatter. The Undersigned counsel for Plaintiff, has only had informal discussions with Defendant Healthcomp's corporated representative Thomas Georqouses. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (ifany) 0 I am completely familiar with this case and will be fully prepared t as well as other issues raised by this statement, and will possess the case management conference, including the written authority Date: 10/t 5/18 ative dispute resolution, ese issues at the time of KARLENE ROGERS-ABERMAN, ESQ (TYPE OR PRINT NAME) 781 (SIGNATURE OF P Y OR ~Y) (TYPE OR PRINT NAME) (SIGNATOREOf PARIY OR ATTORNEY)~ Additional signatures are attached cM-110 (Re u July I, 201)) CASE MANAGEMENTSTATEMENT Pege 0 ore PROOF OF SERVICE I am employed in the county ofLos Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 303 North Glenoaks Boulevard, Suite 700, Burbank, California 91502-3226. On 15 October 2018, I served the foregoing document(s) entitled: PLAINTIFF'S CASE MANAGEMENTCONFERENCE STATEMENT by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 [X] BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on that same day with postage thereon fullyprepaid at Burbank, California in the ordinary course ofbusiness. I am aware that on motion of the party served, service is presumed invalid ifpostal cancellation date or postage meter date is more than one day after date ofdeposit for mailing in affidavit. [C.C.P. 1013a(3); F.R.C.P. 5(b)] [ ] BY PERSONAL SERVICE: I caused the above-stated document(s) to be served by personally delivering a true copy thereof to the individuals identified above. [C.C.P. 1011(a); F.R.C.P. 5(b)] [ ] BY TELECOPIER: Service was effected on all parties at approximately am/pm by transmitting said document(s) from this firm's facsimile machine (818/559-4477) to the facsimile machine number(s) shown above. Transmission to said numbers was successful as evidenced by a Transmission Report produced by the machine indicating the documents had been transmitted completely and without error. C.R.C. 2008(e), Cal. Civ. Proc. Code $ 1013(e). [ ] BY FEDERAL EXPRESS: I caused such envelope(s), with overnight Federal Express Delivery Charges to be paid by this firm, to be deposited with the Federal Express Corporation at a regularly maintained facility on the aforementioned date. [C.C.P. 1013(c) 1013(d)] 26 27 28 ] BY ELECTRONIC SERVICE: By emailing true and correct copies to the persons at the electronic notification address(es) shown on the accompanying service list. The document(s) was/were served electronically and the transmission was reported as complete and without error. ] BY ELECTRONIC SERVICE [BYCOURT]: by causing the foregoing document(s) to be electronically filed using the Court's Electronic Filing System which constitutes service of the filed document(s) at the electronic service address of the individual(s) listed on the attached mailing list. [X] State: I declare under penalty ofperjury under the laws of the State of California that the above is true and correct. 9 10 12 13 15 ] Federal; I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on 15 October 2018 in Burbank, Ca ifornia ,/I UU ANGELADEMERS 16 17 19 20 21 22 23 24 25 26 27 28 SERVICE LIST 3 4 5 6 7 8 9 10 Fresno Fireman's Benefit & Relief Fund C/0 Shane Archer or person authorized to accept service 911 H Street Fresno CA 93721 Healthcomp c/o THOMAS GEORGOUSES Legal Counsel (Attorney Authorized to Accept Service) 911 H Street Fresno CA 93721 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
