Statement Case Management ConferenceCal. Super. - 6th Dist.September 6, 2018ATTORNEY OR PAR11 WITHOUT ATTORNEY INams. Slate Sar number a d amlresst Jin Hee Park, Esq./S.B.N. 309941 Lavf Offices of Stephenscn, Acauisto & Caiman, lnc 303 N. Glencaks Blvd., Suite 700 FOR COURT USE ONLY Burbank, CA 91502 TELEPHON Nou 818-559-4477 FAxmo.(oplmndi. 818 -559 -5484 EMAILADOREssioptmmd jhparkgsac irm. corn ATTORNEYFonwsmer Plaintiff SUPERIOR COURT OF CALIFORNIACOUNTY OF SANTA CLARA mREmnooREss 191 N. First Street MAILINGADDRESS cITYANDzlpcoDE San Jose, CA 95113 BRANCH NAME: PLAINTIFFIPETITIONER:STANFORD HEALTH CARE DEFENDANTIRESPONDENTWESTERN HEALTH ADVANTAGE CASE MANAGEMENTSTATEMENT (Check one): ~x UNLIMITEDCASE I, . I LIMITEDCASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENTCONFERENCE is scheduled as follows: CASE NUMBER'8CV334478 Date: 4/16/2019 Time;10: 00 am Dept.: 2 Address of court (ifdifferen from the address above): Divd Room: ~x Notice of intent to Appearby Telephone, by (name): Jin Hee Park, Bsq. INSTRUCTIONS: Allapplicable boxes must be checked, and the specified information must be provided. t. Party or parties (answer one): a. ~x This statementissubmittedby party(name):Plaintiff, Stanford Health Care b. ~ This statement is submitted jointlyby parties (names): 2. Complaint and cross-complaint (to be answered by piainiiffs and cmss-compiainanfs only) a. The complaint was filed on (date)i b. ~ The cross-complaint, if any, was filed on (date)i 3. Service (io be answered by piainiih's and cross-compiainanis only) a. ~x All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parttes named in the complaint or cross-complaint (I) I have not been served (specify names and expiam why noi) (2) ) have been served but have not appeared and have not been dismissed (specify names): (3) l'have had a default entered against them (speciiy names): The following additional parties may be added (specffy names, nature of involvement in case, snd date by which they may be served): 4. Description of case a. Type of case in ~ complaint ~ cross-complaint (Describe, inc/uding causes of ection): Breach cf Implied-In-Fact Contrac. and Quantum Nerui t Form Adopted fm Mendel my U5a Judtotsl Counol of Otltforttla CM-IID IReu July I, 20111 CASE MANAGEMENTSTATEMENT , jmaij Eclutxyns'42 Btis Pads I of 5 Cal Rules of Court, isles 3 120-3 T30 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/2/2019 12:00 AM Reviewed By: System System Case #18CV334478 Envelope: 2701387 18CV334478 Santa Clara - Civil System System Pi AINTIFFIPETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT:WESTERN HEALTH ADUANTAGE CASE NURSER. 18CV334478 CNI-118 4. b. Provide a brief statement of the case, including any damages. (Ifpersonal injuiydamages aie sought, specify the injury anddamages claimed, including medical expenses to date findicaie source and amouni), esbmafed future medical expenses, lostearnings to date, and esfimafed rufure lost earnings. Ifequitable rekef Is soughl, describe the nature of the relief) PlaiotAff provided medically raoaaaaty services aud auppliaa to insured of Defendant'5 haalth plan. Uponcompletion of ttaatmaot, diaohatga, aud demand for said services aud aupplAES, Defoudaut failed to properly reimburse plaintiff. Defendant caused damages in an omount to be ptovau at trial according to proof, but in uo event less thai. $ 610,010.07. (Ifmore space is needed, check this box and altach a page designated as Attachment 4b.j 5. Jury or nonjury trial The party or parties request ~ a jury trial x a nonjury trial. (Ifmore than one party, provide the name of each party requesting ajury trial): 6. Trial date a. j I The trial has been set for (dsleji b. xj 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):Please see attached 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~x days (specify number): 2 b. ~ hours(short causes) (specify): 8. Trial representation (to be answered foreach party) The party or parties willbe represented at tiial [ x by the attorney or party listed in the caption ~ by the foflowing; a. Attorney: b. Firm: c. Address: d. Telephone number. f. Fax number. e. E-mail address: g. Party represented:~ Additional representation is described in Attachment 8. 9. Preference~ This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; readthe ADR information package provided by the courl under rufe 3.221 for information about the processes available through thecourt and community programs in this case. (1) For parties represented by counsel: Counsel ~x has . has not provided the ADR information package identifiedin rule 3.221 to the client and reviewed ADR options with the client (2) Forself-represented parties: Party ~ has ~ has not reviewed the ADR information package identified in rule 3.221 b. Referral to judicial arbitration or civil action mediation (ifavailable). (1) I This matter is subiect to mandatory judicial arbitration under Code of Civil procedure section 1141.11 or to civil actionmediation under Code of Civil Procedure section 1775.3 because the amount m controversy does not exceed thestatutory limit. (2) Plaintiffelects to refer this case to judicial arbitration and agrees to limit recovery to the amount spemfied in Code ofCivil Procedure section 1141.11. (3), This case is exempt from judicial arbitration under rule 3.811 of the Cahfornia Rules of Court or from civil actionmediation under Code of Civil Procedure section 1775 et seq. (specify exemption): EJJ-110 IRev Jur 1,2011f CASEIyfANAGENIENTSTATENIENT Pago 2 ai 5 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE EFENDANT/RESPONDENT: WESTERN HEALTH ADVANTAGE CASE RUJJSER; 18CV334478 CM-110 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check a/I Ihat apply and provide the specified in/orms/ion): The party or parties completing this form are willing to participate in the following ADR processes (check a/I that apply): Ifthe party or parties completing 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 (at/acn a copy of the pail/eS'ADR s/ipu/a/ion): (1) Mediation ~x'ediation session not yet scheduled Mediation session scheduled for {date)/ Agreed to complete mediation by (date}J Mediation completed on (date); (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (da/a): Agreed to complete settlement conference by (data): Settlement conference completed on (date): (3) Neutral evaluation j Neutral evaluation not yet scheduled I Neutral evaluation scheduled for (date) Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (dale): (4) Nonbinding judicial arbitration I Judicial arbitration not yet scheduled Judicial arbitration scheduled for {date): Agreed to complete judicial arbitration by (da/e)i Judicial arbitration completed on (dale): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (dale)i Agreed to complete pnvate arbitration by (date): Private arbitration completed on (date): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (dale): Agreed to complete ADR session by (da/e): ADR completed on (dale): cu.1 10 Inee. July 1, 2011I CASE MANAGEMENTSTATEMENT RASe S er S Insurance a ~ Insurance carrier, ifany, for party filing this statement (name) b Reseniation of rights:, Yes j 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.MBankruptcy ~ Other (specify)i Status: 13. Related cases, consolidation, and coordination a. I i There are companion, underlying, or related cases. (1) Name of case: (2) Nameofcourt: (3) Case number: (4) Status: ( Additional cases are descnbed in Attachment 13a. b. ~ A motion to ~ consohdate j coordinate will be filed by (name party): 14. Bifurcation j The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes ofaction (specify moving party, type of motion, and reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (specify moving parly, type of motion, and issues): 16. Discovery a. i,i The party or parties have completed all discovery. b. ~x The following discovery will be completed by the date specified (describe a/I anticipated discovery): ~Part ~Descn tion DatePlaintiff Deoosition Pursuant to C.C.P. Code c. j ! The following discovery issues, mcluding issues regarding the discovery of electronically stored information, areanticipated (speofy); cu.iio[nev tulr i,zoril CASE MANAGEMENTSTATEMENT rwesvrr PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT: WESTERN HEALTH ADVANTAGE CASE NUYISER 18CV334478 17. Economic litigation a. j 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. i j 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, explain specifically why economic ii(igalion procedures re(sling io discovery or (rial should nor apply(a ibis case): 18. Other issues j The party or parties request that the following additional matters be considered or determined at the case management conference (specify]: 19. Nest and confer a. i i The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules ofcourt (ifno(, explain)'. After meeting and conferring as required by rule 3.724 of the California Rules of Court the parties agree on the fallowing (specify]: 20. Total number of pages attached (ifany]: 1 I am completely familiar with this case and wig be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. JTN HEE PARK. ESO. (TYPE OR PRINT NAME) ,'I 'ATUREO PARTYORATTORNEY) (TYPE OR PRIN NAMEI (SIGNATURE OP PARTY OR ATTORNEY) Additional signatures are attached. cel.1 lg iRee July ', 2011( CASE NIANAGEMENTSTATEMENT page gers SHORTTITLFsi STANFORD HEALTH CARE VS. WESTERN HEALTH AND ADVANTAGE 1 6c 2 5/14/19-5/17/19 Arbi 5/20/19-5/24/19 Arbi 5/28/19-5/30/19 Arbi 5/30/19- 3 5/31/19 Arbi 6/19/19-6/28/2019 Vacation; 6/11/19 Arbi 7/1/19-7/5/19 Arbi 4 9/30/19-10/7/19 Triali 11/5/19 Nediationi 12/9/19-12/10/19 Trial; 2/17/20- 6 2/21/20 Arb; 2/18/20-2/26/20 Arbi 3/23/20-4/1/20 Arb; 5/4/20-5/8/20 Arb; 6 5/18/20-5/22/20 Arbi 8/24/20-8/28/20 Arb; 8/31/20 Arb; 9/21/20-9/25/20 Arb; 7 9/28/20-10/2/20 Arbi 11/9/20-11/13/20 Arb; 2/22/21-2/26/21 Arb 10 12 13 14 15 18 19 20 21 22 23 24 25 26 27 9 golLui it nh Legal Q I/1JS ADDITIONALPAGE Attach to Judicial Council Form or Other Court Paper ponlr Approosd Or itis Jodhoal Coaooa oi Col roan,a Monad Plan J am an 1, ', sari olalonal pttllll (Required for verified pleading) The items on this page stated on information and belief (specify item numbers, not line numbers): This page may be used with any Judicial Council form or any other paper filed with this court. Pa 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 1 April 2019, I served the foregoing document(s) entitled: CASE MANAGEMENTSTATEMENT 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 27 [ X ] BY U.S. 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 of business. 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 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)] 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 EXPRESS MAIL: I caused such envelope(s), with postage thereon fullyprepaid and addressed to the party(s) shown above, to be deposited in a facility operated by the U.S. Postal Service and regularly maintained for the receipt ofExpress Mail on the aforementioned date. [C.C.P. 1013(c)] 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 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. [ X j State: I declare under penalty ofperjury under the laws of the State of California that the above is true and correct. Executed on I April2019 in Burbank, California. 10 grj AIDAGRIGORIAN 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 SERVICE LIST Michael J. Daponde, Esq. David P. McDonough, Esq. DAPONDE SIMPSON ROWE PC 500 Capitol Mall, Suite 2260 Sacramento, CA 95814 (Email mdaoortd~dsrhealthlaw. corn) 10 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28