Statement Case Management ConferenceCal. Super. - 6th Dist.February 4, 2019Santa Clara ATTORNEY OR PARTY WITHOUT ATTORNEY INeme, Stere Sar number and address/ Shadi Shayan, Esq. (SBN 265467) Law Offices of Stephenson, Acquisto & Colman, Inc. 303 N. Glenoaks Blvd., Suite 700 Buztyank, CA 91502 FOR COURT USE ONLY CM-110 Fax No (opt onag 8 1 8 - 5 5 9 - 5 4 8 4TELEPHDNEND: 818 - 559 - 4477 E.MAIL ADDRESS foptm el) ATTDRHEYFDRrvemet. StanfOrd Health Care SUPERIOR COURT OF CALIFORNIA, COUNTY OF BTREETADDREss 1 9 1 N . Fi z st Street MAILING ADDRESS cITYANDzIPGDDE San Jose, CA 95113 - 1090 BRANcH NAME Downtown Superior Court PLAINTIFF/PETITIONER:STANFORD HEALTH CARE DEFENDANT/RESPONDENT:PERALTA COMMUNITY COLLEGE DISTRICT PRE 7/2004 RETIREE BENEFIT PLAN CASE MANAGEMENT STATEMENT (Check one)7 X UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:09/24/2019 Time: 10: 00 a.m Dept.: 19 Address of court (lf different from the address above): CASE NUMBER 19CV342458 Divx Room: X Notice of Intent to Appear by Telephone, by (name)7 Stanfozd Health Care 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):Stanfozd Health Cazeb., This statement is submitted jointly by parties (names)r 2. Complaint and cross-complaint (lo be answered by plaintiffs and cross-comp/a/nanls only) a. The complaintwas filed on (da/e)t 02/04/2019b., The cross-complaint, if any, was filed on (da/e)/ 3. Service (to be answered by plaintiffs and cross-comp/a/nants only) a. X, All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. I The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specily names): (3) have had a default entered against them (spec//y names): The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in X complaint cross-complaint (Describe, including causes of action): 1. Breach of Implied-In-Fact Contract; and 2. Quantum Mezuit. Form Adopted for Mandatory Use Jud cat Coundl of Cabfomta CM-I ID [Rer July 1, 2011] CASE MANAGEMENT STATEMENT SOIULTons Page 1 of 3 Cal Rules of Court rules 3 72D-3 73D Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/9/2019 11:14 AM Reviewed By: System System Case #19CV342458 Envelope: 3364049 19CV342458 Santa Clara - Civil System System PLAINTIFF/PETITIONER: STANFORD HEALTH CARE CASE NUMBER CM-110 19CV342458DEFENDANT/RESPONDENT:PERALTA COMMUNITY COLLEGE DISTRICT PRE 7/2004 RETIREE BENEFIT PLAN 4 b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses lo date (indicate source and amount), estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, descn'be the nature of the relief) Plaintiff rendered medically necessary services to Patients. Plaintiff timely and properly submitted the billed charges to Peralta for payment. peralta has underpaid the claims, leaving a balance due and owing of an amount to be proven at trial according to proof but which exceeds $ 762, 932.85. (if more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request requesting ajury trial): a jury trial X a nonjury trial. (If more than one party, provide the name ofeach party 6. Trial date a. The tnal has been set for (dale): b. X No trial date has been set. This case will be ready for trial within 12 months of the date of the fikng 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. X days (specify number): One b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at tnal X by the attorney or party listed in the caption 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): by the following: 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 X has 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 parlies: Party has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) 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 kmit. (2) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount sperxfied in Code of Civil Procedure section 1141.11. (3) 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 exemptionj: CM-110 [Roy Jufy \, 20I Il CASE MANAGEMENT STATEMENT Peg@ 2 oi 5 PLAINTIFF/PETITIONER: STANFORD MEfafLTH CARE CASE NUMBER. CM-110 DEFENDANT/RESPONDENT: PERALTA COMIJIUNITY COLLEGE DISTRICT PRE 7/2004 RETIREE BENEFIT PLAN 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 tha! apply and provide lhe specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that app/y)i 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 (allach a copy of the parties'DR stipulation): (I) Mediation Mediation session not yet scheduled J Mediation session scheduled for (date): Q Agreed to complete mediation by (date)i I Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled 'ettlement conference scheduled for (dale): Agreed to complete settlement conference by (dale): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date)i Agreed to complete neutral evaluation by (date)i J Neutral evaluation completed on (dale): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (dale): Agreed to complete judicial arbitration by (dale): Judicial arbitration completed on (date): (5) Binding private arbitration j Private arbitration not yet scheduled J Private arbitration scheduled for (dale): Agreed to complete private arbitration by (dale): j Private arbitration completed on (date): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (dale): Agreed to complete ADR session by (dale): ADR completed on (dale); CM-110 IRe . 3 ly 1 2011) CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIONER; STANFORD HEALTH CARE DEFENDANT/RESPONDENT: PERALTA COMMDNITY COLLEGE DISTRICT PRE 7/2004 RETIREE BENEFIT PLAN 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of nghts: 'es No c. Coverage issues will significantly affect resolution of this case (explain): CASE NUMBER 19CV342458 CM-110 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and descnbe the status. Bankruptcy Other (specify): Status; 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: (2) Name of court (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate will be filed by (name party): 14. Bifurcation 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, (ype of motion, 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. X The following discovery will be completed by the date specified (describe a/I anticipated discovery): ~Part Descriotion Date Stanford Health Care Depositions Per CCP Stanford Health Care Stanford Health Care Form Interrogatories and Special Interrogatories Requests for Production and Requests for Admission Per CCP Per CCP c. i The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110IReu Jufy 1 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE CASE NUMBER CM-110 DEFENDANT/RESPONDENT'PERALTA CO(vite(UNITY COLLEGE DISTRICT 19CV342458 PRE 7/2004 RETIREE BENEFIT PLAN (7. 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. I 'his 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 lo discovery or ln'al should nol apply lo this case): 18. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (sperxiy): 19. Meet and confer a. I X 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 (speci iy): 20. Total number of pages attached (if any): I 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 wntten authority of the party where r Date: September 9, 2019 Shadi Shavan. Esa. (TYPE OR PR)NT NAME) (S)GNATURE OF PARTY OR ATTORNEY) (TYPE OR PR)NT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. cM-110 IRev 2 l)1,2011) CASE MANAGEMENT STATEMENT Page 5 et 5 PROOF OF SERVICE I am employed in the county of Los 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 September 9, 2019, I served the foregoing document(s) entitled: iniby placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. 10 12 13 14 15 16 [ 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 fully prepaid at Burbank, California in the ordinary course ofbusiness. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of 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, to be deposited with the Federal Express Corporation at a regularly maintained facility on the aforementioned date. [C.C.P. 1013(c) 1013(d)] 17 18 19 20 21 22 23 24 25 26 27 BY EXPRESS MAIL: I caused such envelope(s), with postage thereon fully prepaid 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 of Express 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 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 ELECTRONIC SERVICE: By email ing 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 ] State: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on September 9, 2019 in Burbank, California. 10 g J/ Karine Isagulyan 12 13 14 SERVICE LIST 15 16 17 18 19 20 Geoffrey T. Tong, Esq. Janet Ly, Esq. Erica S. Kim, Esq. Garcia Hernandez Sawhney, LLP 330 N. Brand Blvd., Suite 680 Glendale, CA 91203 Attorneysfor Defendant 21 22 23 24 25 26 27 28