Stipulation and Order

Cal. Super. - 6th Dist.April 24, 2019

\ooaqo‘mhmmw NNNNNNNNNHHHHHHHHHH OOH¢MAWNHOWWQONManNHQ on 6/11/2020 2:51 PM Reviewed By: R. Nguyen Envelope: 4445196 STEPHENSON, ACQUISTO & COLMAN MELANIE JOY STEPHENSON-LAWS, ESQ. (SBN 113755) Filed RICHARD A. LOVICH, ESQ. (SBN 113472) June 12, 2020 KARLENE J. ROGERs-ABERMAN, ESQ. Clerk of the Court (SBN 237883) Superior Court of CA 303 N. Glenoaks Blvd, Suite 700 County of Santa Clara Burbank, CA 91502 19CV34671 2 By: jviramontes Telephone: (8 1 8) 559-4477 Facsimile: (818) 559-5484 Attorneys for Plaintiff STANFORD EEALTH CARE, a California non- profit public benefit corporation SUPERIOR COURT OF CALIFORNLA FOR THE COUNTY OF SANTA CLARA UNLIMITED JURISDICTION STANFORD HEALTH CARE, a Case No.: 19CV346712 California non-profit public benefit corporation, STIPULATION TO CONTINUE THE DEMURRER HEARING Plaintiff, AND RELATED OPPOSITION AND REPLY DEADLINES; v. AND CALIFORNIA PHYSICIANS’ 2. W ORDER. SERVICE, dba BLUE SHIELD 0F . CALIFORNIA, a California corporation; and DOES 1 THROUGH 25, INCLUSIVE, Defendants. //// //// 22003 - 1 - STIPULATION T0 CONTINUE THE DEMURRER HEARING AND RELATED OPPOSITION AND REPLY DEADLINES STIPULATION TO CONTINUE DEMURRER HEARING AND RELATED OPPOSITION AND REPLY DEADLINES RECITALS 10 12 13 14 15 16 18 19 20 22 l. On April 24, 2019, Plaintiff Stanford Hospital & Clinics ("Stanford Hospital" ) brought this action to seek additional reimbursement for medical treatment provided to patients whose care Stanford Hospital contended was the financial responsibility of defendant California Physicians'ervice, dba Blue Shield of California ("Blue Shield"). On June 24, 2019, Stanford Hospital filed a First Amended Complaint. Following this Court's November 26, 2019 ruling on Blue Shield's demurrer to The First Amended Complaint, Stanford Hospital Filed a Second Amended Complaint on December 16, 2019. The Second Amended Complaint is the operative complaint. 2. On January 16, 2020, Blue Shield filed a Demurrer to the Second Amended Complaint. The Notice of Demurrer set the Demurrer Hearing for June 25, 2020 at 9:00 a.m. in Department 6. 3. On or about May 27, 2020, the Court sua sponte continued a previously set Case Management Conference from June 2, 2020 to November 17. 2020 at 10:00 a.m. in Department 6. 24 25 26 27 4. No trial date has been set. 5. Pursuant to California Rules of Court 3.1320(d), "[f)or good cause shown, the court may order the hearing held on an earlier or later day on notice prescribed by the court." 22003 2 - STIPULATION To CONTINUE THE DEMlIRRER HEARING AND RELATED OPPOSITION AND REPLY DEADLINES 6. Here, good cause exists for the Court to continue the demurrer hearing by at least 60 days. The parties are exploring a potential resolution of this matter, and would like additional time to focus on those efforts. 7. Accordingly, the parties mutually request the Court continue the demurrer hearing by at least 60 days, until August 25, 2020 at 9:00 a.m. in Department 6, or until such later date as the Court's calendar permits. 10 8. Additionally, the parties mutually agree to continue their respective Opposition and Reply deadlines in accordance with the new demurrer hearing date. 13 STIPULATIOX 14 15 16 17 18 19 20 21 Based upon the foregoing, Stanford Hospital and Blue Shield hereby STIPULATE AND AGREE that a) good cause having been shown, the demurrer hearing shall be continued until August 25, 2020 at 9:00 am. in Department 6, or until such later date as the Court's calendar permits; and b) Stanford's Opposition and Blue Shield's Reply deadlines are continued in accordance with the new demurrer hearing date. 23 24 25 26 27 28 22003 - 3 - STIPULATION TO CONTINUE THE DEMURRER HEARING AND RELATFD OPPOSITION AND REPLY DEADLINES 1 I SO STIPULATED 2 Dated: 11 3(OIe 2020 8 11 12 13 l4 15 SO STIPULATED DO(ed: I 13(fne 2020 VON BEHREN A HUNTER LLP 18 21 22 23 24 25 26 27 28 0 WIS Attorneys for CALIFORNIA PHYSICIANS'ERVICE, dba BLUE SHIELD OF CALIFORNIA SIIP(.'-I A(I(l ( I(& (OS (lal(l If(P Df Mf'f(SIR HEARING AND RFLATED OPPOSITION AND REPLY DEADLINES \OOO‘QONUI-bUJNH NNNNNNNNNHr-IHHHr-av-‘MHH OOflalJi-hUJNI-‘0000‘Jmm-FUJNHO _ ORDER Having reviewed and considered the foregoing stipulation and for good cause appearing, IT IS HEREBY ORDERED: 1. The Demurrer Hearing set for June 25, 2020 at 9:00 am. in Department 5 shall be continued by at least 6G days, until August 27 , 2020 at 9 ___.rn. in Department 6; and 2. Plaintiff’s deadline to file its Opposition and Defendant’s deadline to file its Reply is continued in accordance with the new Demurrer Hearing date. Dated; June 12, 2020 HON. MAUREEN A. FOLAN Judge, Superior Court of California for the County of Santa Clara 22003 5 . STIPULATION To cormNUE THE DEMURRER HEARING AND RELATED OPPOSITION AND REPLY DEADLINES PROOF OF SERVICE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1. STIPULATION TO CONTINUE THE DEMURRER HEARING AND RELATED OPPOSITION AND REPLY DEADLINES; AND 2. [PROPOSED] ORDER by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. [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 ifpostal 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). 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)] 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 11 June 2020, I served the foregoing document(s) entitled: ] 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 12 [ ] 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 11 June 2020 in Burbank, C 13 14 15 ANGELA DEMERS 16 17 19 20 21 22 23 24 25 26 27 28 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 27 28 \OOONONU‘IAWNH NNNNNNNNNHHI-th-th-tr-HHb-tr-t mflam-bWNHOCWNQU‘l-RWNHO ar l . ewis, s . osecr venue, ui l do, ew s@ aw com