Statement Case Management ConferenceCal. Super. - 6th Dist.April 24, 2019ATTORNEY OR PARTY IM TROUT ATTORNEY I Name, Stele Bar number and Nfdmssf KARLENE ROGERS-ABERMAN (SBN 237883) STEPHENSON, ACQUISTO & COLMAN 303 N. Glenoaks Boulevard, Suite 700, Burbank, CA 91502-3226 TELEPNoNE No. (818) 559-4477 Fnx ND fopwmwf (818) 559-5484 E-MAIL ADDRESS fOPlmnali ATTQRNEY FoR INamef Plaintiff, Stanford Health Care suPERIQR coURT oF cALIFDRNIA, coUNTY oF Santa Clara-Unlimited Jurisdiction STREETAODRESS 191 N. First Street MAILING ADDRESS same cITYANDzIPGDDE Baft Jose, California 951 13 BRANON w ME Downtown Courthouse pLAINTIFF/pETITIONER. Stanford Health Care DEFENDANT/REST QNDENI California physicians'ervice CM-110 FOR COURT USE ONLY (Check one)7 CASE MANAGEMENT STATEMENT K UNLIMITED CASE H LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) CASE NUMBER 19'/346712 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date; June 2, 2020 Time. 10:00 a.m. Dept.. 6 Address of court (if diFerent from the address above): Div.. Room; Notice of Intent to Appear by Telephone, by (name) 7 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 ~4 This statement is submitted by party (nsme): Plaintiff, Stanford Health Care b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (lo be answered by plaintiffs snd cross-comp/ainan/s only) a. The complaint was filed on (da/e) 4/24/19; FAC 6/24/191 SAC t 2/ I 6/ t 9 b. ~ The cross-complaint, if any, was filed on (da/e). 3 Service (lo be answered by plaintiffs and cross-comp/ainants only) a. Mu'll parties 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) ~ have not been served (specify names and explain why nol): (2) ~ have been served but have not appeared and have not been dismissed (specify names): California Physicians'ervice due to filing of First Amended Complaint (3) ~ have had a default entered against them (speci/y names): c. ~ The following additional parties may be added (specify names, nslure ofinvolvementin case, and date by which they msy be served): 4. Descripfion of case a. Tyoe of case in [Z complaint CZ cross-complaint (Describe, including causes of action): 1. Breach of Oral Contract; 2. Implied-In-Fact Contract; and 3. Quantum Meriut. Form Adopted for Mandatory Use Judoist Counnl of Caldomia CM-110 IRev July I, 2011I CASE MANAGEMENT STATEMENT Paae 1 or S Cel Rules of Court. rules 3 720-3 730 www coups ca pov Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/18/2020 5:52 PM Reviewed By: System System Case #19CV346712 Envelope: 4350050 19CV346712 Santa Clara - Civil System System t PLAINTIFF/PETITIONER Stanford Health Care DEFENDANT/RESPONDENT California Physicians'ervice CASE NUMBER 19CV346712 CM-110 b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify Ihe injury and damages claimed, including medical expenses to dele (Indicale 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 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 $2,686,738.42 plus interest. (If more fhen one party, prowde the name of each party (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 M a jury trial Mv a nonjury trial. requesting ajury trial): 6. Trial date a. ~ The trial has been set for (dale): 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): Estimated length of trial The party or parties estimate that the trialwill take (check one): a. H3 days (specify number): 10-15 days b. ~ hours (short causes) (specify). Trial representation (Io 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 & Caiman 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. Plaintiff Additional representation is described in Attachment 6 9. Preference This case is entitled to preference (specify code secfion); 10. Alternative dispute resolution (ADR) (2) ~ Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141 11. (3) ~ This case is exempt from judicial arbitration under rule 3.611 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): 3.811(b)(8) Amount in controversy exceeds $50,000.00 CM-110 IReu July 1, 201 1I CASE MANAGEMENT STATEMENT pose 2 of 5 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 Zl has M 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 C3 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 sublect 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 limit. PLAINTIFF/PETITIONER: Stanford Health Care EFENDANT/RESPONDENT California Physicians'ervice ! CASE NUMBER: 19CV346712 CM-110 10. c, Indicate the ADR process or processes that the party or parties are willing to partidpate in, have agreed to participate in, or have already participated in (chsck 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 a/I 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 (allach a copy of the parties'ADR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (dals): Agreed to complete mediation by (dale): Mediation completed on (dale): (2) Settlement conference CZ3 Settlement conference not yet scheduled Settlement conference scheduled for (dals): Agreed to complete settlement conference by (dale) Settlement conference completed on (dale): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dafs). Agreed to complete neutral evaluation by (dale): Neutral evaluation completed on (dale): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judidal arbitration scheduled for (dale): Agreed to complete judicial arbitration by (dale): Judiaal arbitration completed on (dale) (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (dale). C3 Agreed to complete private arbitration by (date): Priivate arbitration completed on (dale): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (dale): ADR completed on (dals): CM-110 [Rev July 1, 2011) CASE MANAGEMENT STATEMENT Peseeet6 pLAINTIFF/pETITIONER: Stanford Health Care OEFENDANTIREsr oNDENT: California Physicians'ervice CASE NUMBER 1 9CV3467 1 2 CNI-110 11. Insurance a. ~ Insurance camer, if any, tor party filing this statement (name): b Reservation of rights. M 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. M Bankruptcy C] Other (specify): Status: 13. Related cases, consolidation, and coordination~ There are companion, underlying, or related cases. (1) Name of case: Stanford Health v. California Physicians'ervice dba Blue Shield of California (2) Name of court Santa Clara Superior Court (3) Case number 19CV353876 (4) Status Pending~ Additional cases are described in Attachment 13a. b. C] A motion to C3 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 moung party, type of motion, Bnd reasons): 15. Other motions The parly or parties expect to file the following motions before trial (specify moving party, lype of motion, snd issues): Demurrer Hearing set for June 25, 2020 16. Discovery a. ~ The party or parties have completed all discovery. b. ~v The following discovery will be completed by the date specified (descnbe sll anticipated discovery): ~ra Descriotion Date Plaintiff Interrogatories Request for Production of Documents Request for Admissions Depositions c ~ The following discovery issues, including issues regarding the discovery of electronically stored antiapated (specify): Per C.C.P. Per C.C.P. Per C.C.P. Per C.C.P. information, are CM-110 IRev July 1, 2011) CASE MANAGEMENT STATEMENT Ruse cere PLAINTIFF/PETITIQNER: Stanford Health Care pEPENpANT/RfspQNpfNT California Physicians'ervice CASE NUMBER 19CV346712 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 (if checked, explain spscifica//y why economic i)f/gation procedures relating fo discovery or trial should not apply to this case): 18. Other issues~ The parly or parties request that the following additional matters be considered or determined at the case management conference (specify): Possible transfer to complex civil division 19. fifieet and confer a. ~v'he party or parties have met and conferred with afi parties on afi subjects required by rule 3.724 of the California Rules of Court (if not, explain): The parties could not meet and confer, as counsel has not yet appeared. b After meeting and conferring as required by rule 3 724 of the California Rules of Court, the parties agree on ths following (spec/fy): 20. Total number of pages attached (if any). 0 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 required. Date: 5/18/2020 KARLENE ROGERS-ABERMAN (TYPE OR PRINT NAME) ~SIGNATI(R+FF PARTY 0/ATTO)rhEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 (Reu July I, 2011] CASE MANAGEMENT STATEMENT Pede 5 ef d 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 18 May 2020, I served the foregoing document(s) entitled: PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 [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 of business. 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 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). 24 25 26 ] 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)] 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. [X] BY ELECTRONIC SERVICE [BY COURT]: 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 [ ] 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. 11 12 13 14 15 ANGELA DEMERS 16 17 18 19 20 21 22 23 24 25 26 27 SERVICE LIST Carol B. Lewis, Esq. VON BEHREN & HUNTER LLP 2041 Rosecrans Avenue, Suite 367 El Segundo, CA 90245 clewis@vbhlaw.corn 10 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 \OOOVONUl-bUJNv-A NNNNNNNNmr-iw-tr-tr-tr-tr-dt-tr-tv-dv-t WNONM-hWNflOOOOQQUI-bWNF-‘O ar l . ewis, s . osecr venue, ui 1 o, ew s@ aw com