Statement Case Management Conference

Cal. Super. - 6th Dist.October 4, 2018

180V335939 Santa Clara - Civil ?mwmstem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Geraldine S. Garcia, Esq. [SBN 319561] Electronically Filed LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. by superior court of CA, 303 N. Glenoaks Blvd., Suite 700 County of Santa Clara, Burbank, CA 91502 on 8/26/2019 11:35 AM TELEPHONE No.: (81 8) 559-4477 FAX No. (Optional): (81 8) 559-5484 . _ E-MAIL ADDRESS (Optional): ggarcia@sacfirm.com Rev'ewed By' System SYStem ATTORNEYFOR (Name); Plaintiff CALIFORNIA SPINE AND NEUROSURGERY Case #1 3CV335939 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA EnveIOPG: 33091 69 STREETADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: California Spine and Neurosurgery Institute DEFENDANT/RESPONDENT; California Physicians’ Service & TriNet Group CASE MANAGEMENT STATEMENT :ASEQ/UMBER: (Check one): X UNLIMITED CASE D LIMITED CASE 8 335939 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 10, 2019 Time: 10:00 a.m. Dept: 2 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Geraldine S. Garcia, Esq. (Attorney for Plaintiff) INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. X This statement is submitted by party (name): California Spine and Neurosurgery Institute b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): October 4, 2018 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. X All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): Description of case a. Type of case in g complaint D cross-complaint (Describe, including causes ofaction): Breach of implied-in-fact contract, breach of contract, and quantum meruit Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3120-3130 CM-1 10 [Rev. July 1, 201 1] www.courfs.ca.gov CM-110 _DEFENDANT/RESPONDENT: California Physicians’ Service & TriNet Group, Inc. _ . . . - CASE NUMBER:PLAINTIFF/PETITIONER. California Spine and Neurosurgery Institute 18CV335939 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff alleges that Defendants breached an implied-in-fact contract and express contract by failing to properly pay for the medically necessary treatment and care provided by Plaintiff to patient who is a beneficiary of the Defendants’ health plan. As a result of the breach by Defendants, Plaintiff has suffered damages of $ 75,359.42 plus applicable interest. D (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request D a jury trial g a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. D The trial has been set for (date): b. E No trial date has been set. This case will be ready for trial within 12 months ofthe 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): Plaintiff’s counsel has arbitration set for: Nov. 4-8 2019; Dec. 4-5, 2019; Dec. 16-19, 2019; Apr. 13-17, 2020. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 2-3 days b. D hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial g by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. Preference D 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; 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 g has D 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 D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatory judicial 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 limit. (2) D Plaintiff elects to refer this case tojudicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141 .1 1. (3) D This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 PLAINTIFF/PETITIONER: California Spine and Neurosurgery Institute CASE NUMBER: D-EFENDANT/RESPONDENT: California Physicians’ Service & TriNet Group, Inc. 180V335939 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 all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the 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 (attach a copy of the parties'ADR stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): D (1) Mediation D D D Agreed to complete mediation by (date): D Mediation completed on (date): E Settlement conference not yet scheduled (2) Settlement g D Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date) .' D Settlement conference completed on (date): D Neutral evaluation not yet scheduled _ D Neutral evaluation scheduled for (date): (3) NeUtral evaluatlon D D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D D ADR session scheduled for (date): D D Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1o [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page3of5 CM-110 -DEFENDANT/RESPONDENT: California Physicians’ Service & TriNet Group, Inc. I . . . - CASE NUMBER:PLAINTIFF/PETITIONER. Callforma Spme and Neurosurgery Institute 1 BCV335939 11. 12. 13. 14. 15. 16. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D Coverage issues will significantly affect resolution of this case (explain): Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. D Bankruptcy D Other (specify): Status: Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D Amotionto D consolidate D coordinate willbe filed by (name party): Bifurcation D The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): Other motions D The party or parties expect to file the following motions before trial (specify moving pan‘y, type of motion, and issues): Defendants intend to move for summaryjudgment. Discovery a. D The party or parties have completed all discovery. b E The following discovery will be completed by the date specified (describe all anticipated discovery): Party DescriQtion Date All Parties Written Discovery Per Code All Parties Depositions Per Code All Parties Expert Discovery Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): The parties anticipate that discovery will involve the production of confidential health information necessitating the entry of a confidentiality stipulation and order. CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page4of5 CM-‘l 10 . ' ' ' ' CASE NUMBER:PLAINTIFF/PETITIONER. Calufomla Spine and Neurosurgery Institute 180/335939 ?EFENDAm/RESPONDENT: California Physicians’ Service & TriNet Group, Inc. 17. Economic litigation a. D 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. D 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 (if checked, explain specifically why economic litigation procedures relating to discovery or trial should no! apply to this case): 18. Other issues X The party or patties request that the following additional matters be considered or detennined at the case management conference (specify): 19. Meet and confer a. E The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court {if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (SPGCITY): 20. Total number of pages attached (if any): | am completely familiar with this case and will 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. Date: August 26, 2019 Geraldine s. Garcia > 75° “°J' ' “W“ 7h“ (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) P (TYPE OR PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY) D Additional signatures are attached. cm“) IR“ “V ‘- 2°11} CASE MANAGEMENT STATEMENT "9° ‘ °' 5 KOOOQQLh-bUJNr-t NNNNNNNNNr-Ar-Ar-AHHHHHr-dr-d OOQQUl-hUJNF-‘OKOOOQONUI-bUJNHO PROOF OF SERVICE I am employed in the county 0f Los Angeles, State of California. I am over the age 0f 18 and not a party t0 the within action; my business address is 303 North Glenoaks Boulevard, Suite 700, Burbank, California 91502-3226. On 26 August 2019, I served the foregoing document(s) entitled: CASE MANAGEMENT CONFERENCE STATEMENT by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. [] [] [] BY U.S. MAIL: I am "readily familiar" With the firm's practice 0f collection and processing correspondence for mailing. Under that practice it would be deposited With the United States Postal Service 0n that same day With postage thereon fully prepaid at Burbank, California in the ordinary course of business. I am aware that 0n motion 0f the party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date 0f deposit 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, t0 be deposited With the Federal Express Corporation at a regularly maintained facility on the aforementioned date. [C.C.P. 1013(0) 1013(d)] BY PERSONAL SERVICE: I caused the above-stated document(s) t0 be served by personally delivering a true copy thereof to the individuals identified above. [C.C.P. 101 1(a); F.R.C.P. 5(b)] BY EXPRESS MAIL: I caused such envelope(s), with postage thereon fully prepaid and addressed t0 the party(s) shown above, t0 be deposited in a facility operated by the U.S. Postal Service and regularly maintained for the receipt 0f Express Mail on the aforementioned date. [C.C.P. 1013(0)] BY TELECOPIER: Service was effected 0n all parties at approximately_ am/pm by transmitting said document(s) from this firm's facsimile machine (818/559-4477) t0 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(6), Cal. CiV. Proc. Code § 1013(6). KOOOQONUI-PUJNr-t NNNNNNNNNr-Ar-AHHHHHHHH OONQUI-RUJNr-‘OKOOOQONUI-bWNV-‘O [X ] BY ELECTRONIC SERVICE: By emailing true and correct copies t0 the persons at the electronic notification address(es) shown 0n the accompanying service list. The document(s) was/were served electronically and the transmission was reported as complete and without error. [ X ] State: I declare under penalty 0f perjury under the laws 0f the State 0f California that the above is true and correct. Executed 0n 26 August 2019 in Burbank, California.W LORENAbENCOMO lbencomo@sacfirm.com SERVICE LIST John T. Fogarty, Esq. Joanna L. Allen, Esq. Manatt, Phelps & Phillips, LLP Manatt, Phelps & Phillips, LLP 11355 West Olympic Boulevard One Embarcadero Center, 30th Floor Los Angeles, CA 90064-1614 San Francisco, CA 941 11 (3 10) 3 12-4000 (415) 29 1 -7400 (3 10) 3 12-4224 fax (415) 291-7474 fax ifogafiv@manatt.com ilallen@manatt.com