Statement Case Management Conference

Cal. Super. - 6th Dist.June 21, 2019

ATTORNEY OR PARTY Wi Ttt OUT ATTORNEY IName, Srafe Sar number, and eddmssl Barbara V. Lam, Esq./SBN 231073 Law Offices of Stephenson, Acquisto & Colman, Inc 303 N. Glenoaks Blvd., Suite 700 FOR COURT IISE ONLY CM-110 Burbank, CA 91502 TELEPHONENO 818 559 4477 FAXNo foptmnatf 818 559 5484 E MAILADDRESsfoplpnslf blamgaaCf irm. COm ATTORNEYFORINamel Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETADDREss 191 N. 1st Street MAILING ADDRESS GITYANDzIPcoDE San Jose, CA 95113 BRANCH NAME PLAINTIFF/PETITIONER. STANFORD HEALTH CARE DEFENDANT/RESPONDENT PARTNERSHIP HEALTHPLAN OF CALIFORNIA CASE MANAGEMENT STATEMENT (Check one): ~x UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: CASE NUMBER 19CV350335 Date:11/13/2020 Time:10:00 am Dept.: 8 Address of court (if different from the address above): Divz Room: Mx Notice of Intent to Appear by Telephone, by(name)7 Barbara V. Lam, Esq. 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):Plaintiff, Stanford Health Care b. ~ 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)7 6/21/2019 b. ~ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complafnanls only) a. ~x Ail 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) M 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): (3) ~ have had a default entered against them (specify names): c. CJ The following additional parties may be added (specify names, nature oflnvolvemenl in case, and date by which they may be served): 4. Description of case a. Type of case in Mx complaint L cross-complaint (Descnbe, including causes of action): Breach of Written Contract Form Adopted for Mandatory Usa Judioal Coungl of Califomta CM-110 [Rev July I, 2011j CASE MANAGEMENT STATEMENT s.&t,- I21 Plus Page I of a Csl Rules of Coun, utes 3 720-3 730 Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/16/2020 11:14 AM Reviewed By: System System Case #19CV350335 Envelope: 5122483 19CV350335 Santa Clara - Civil System System PLAINTIFF/PETITIONER; STANFORD HEALTH CARE DEFENDANT/RESPONDENT:PARTNERSHIP HEALTHPLAN OF CALIFORNIA CASE NUMBER 19CV350335 CM-110 4. b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date (Indicate source end amount), estimated future medical expenses, lost earnings to date, and estimated fulure losl earnings. If equitable relief is sought, describe the nature of the relief) Plaintrff provrded medi. cally necessary services and supplres to rnsured of Defendant's health pier. Upon completion of treatment, discharge, and demand for said services and supplres, Defendant failed to properly reimburse plarntr f. Defendant caused damage'n an amount to be prover. at tri.al according to proof, but n no event le*a thar. A679,917.20. (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 [ I a jury trial Lx I a nonjury trial. (If more than one party, provide the name ofeech party requesting a jury tn'al): 6. Trial date a. ~ The trial has been set for (date): b. [ x 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 end explain reasons for unavailability): See attached 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [ x days(specify number): 4 - 5 days b. I hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [Z by the attorney or party listed in the caption ~ by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g Party representedM 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; 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) 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 (if available). (1) I This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code af Cwil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) ~ Plaintiff elects to refer this case to judicial arbitration and agrees to hmit recovery to the amount specified in Code of Civil 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 action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev July 1, 2011I CASE MANAGEMENT STATEMENT Page 2 oi 5 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT: PARTNERSHIP HEALTHPLAN OF CALIFORNIA CASE NUMBER 19CV350335 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 all that app/y 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 (allach a copy of the parties'ADR stipulation): (1) Mediation x Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (dale):~ Mediation completed on (dale); (2) Settlement conference Ixl I x l Settlement conference not yet scheduled I Settlement 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): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (dale): (4) Nonbinding judicial arbitration ~ Judicial arbitration not yet scheduled I Judicial arbitration scheduled for (dale): I Agreed to complete judicial arbitration by (date): I Judicial arbitration completed on (dale): (5) Binding private arbitration J Private arbitration not yet scheduled 1 Private arbitration scheduled for (dale): Agreed to complete private arbitration by (dale):~ Private arbitration completed on (dale): (6) Other (specify): ~ ADR session not yet scheduled ADR session scheduled for (date): j Agreed to complete ADR session by (dale): , ADR completed on (dale): CM-110 [Ray July 1, 2011] CASE MANAGEMENT STATEMENT Paso 3 of 5 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE CASE NUMBER CM-110 DEFENDANT/RESPONDENT; PARTNERSHIP HEALTHPLAN OF CALIF'ORNIA l9CV353335 11. Insurance a. M Insurance earner, if any, for party filing this statement (name): b. Reservation of nghts: ~ Yes D 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. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. j There are companion, underlying, or related cases. (I) Name of case: (2) Name ofcourt: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. L A motion to ~ consolidate j 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, type of motion, and reasons): 15. Other motions~ The party or parties expect to file the following motions before tdial (specify moving party, type of motion, and issues): (describe a/I anticipated discovery): Date Form Interrogatories, Special Interrogatories Request for Admissions; Request for Product.ion of Documents Pursuant to C.C.P. Code Plaintiff Pursuant to C.C.P. Code 16. Discovery a. ~x! The party or parties have completed all discovery. b. j The following discovery will be completed by the date specified Para Descriotion Plaintiff Plaintiff Deposition Pursuant to C.C.P. Code c. j The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Reu July 1. 2014] CASE MANAGEMENT STATEMENT Page 4 of 0 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE CASE NUMBER CM-110 DEFENDANT/RESPONDENT PARTNERSHIP HEALTHPLAN OF CALIFORNIA 17. Economic litigation a. ~ This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic ktigation 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 specifically why economic litigation procedures relating to discovery or trial should nol apply fo this case): 18. Other issues~ The party or parties request that the following additional matters be considered or determined at the case management conference (spemfy): 19. Meetandconfer a. ~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, expiain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify)) Discovery has commenced. The parties are in discussion regarding the five claims in this dispute with an objective to reduce the number of issues, which may lead to an early resolution of this matter. 20. Total number of pages attached (if any): l 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 written authority of the party where required. Date: October 16, 2020 BARBARA V. LAN. ESO. (TYPE OR PRINT NAME) -~NATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 IRey July I. 2011) CASE MANAGEMENT STATEMENT Paseswa tSHORT TITLE: STANFORD HEALTH CARE VS. PARTNERSHIPHEALTHPLAN OF CALIFORNIA 1 I ft6c CASE NUMBER 19CV350335 2 10/20/20-10/23/20 Arbi I/12/21-1/15/21 Arb; 2/16/21-2/19/21 Arbt 3/15/21- 3 3/26/21 Trial; 4/26/21-4/30/21 Arbi 5/10/21-5/14/21 Arbi 5/24/21-5/28/21 4 Trial; 6/7/21-6/11/21 Arbi 6/14/21-6/18/21 Arbi 6/22/21-6/24/21 Arbi 7/26/21- 5 8/6/21 Arb; 8/9/21-8/13/21 Arb; 8/25/21-8/27/21 Arb; 9/7/21-9/13/21 Arbi 6 9/21/21-9/22/21 Arbi 10/4/21-10/15/21 Arbi 10/18/21-10/21/21 Trial; 11/8/21- 7 11/12/21 Arb; 12/13/21-12/17/21 Arbi 2/7/22-2/11/22 Arbi 2/22/22-2/25/22 8 Arb; 4/11/22-4/15/22 Arbi 4/25/22-4/28/22 Arbi 6/3/22-6/17/22 Arbi 7/18/22- 9 7/22/22 Arbi 8/I/22-8/5/22 Arb 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (Ref)Mired for verified numbers): 27 This page may be FOAII Appcouad 01 ffw Judicial Counol of Cal fomia MC-020 iNaw January 1, 1001] Optmcal Foun used with any Judicial Council form or any other paper filed with this court. ) Page 6 ADDITIONAL PAGE Attach to Judicial council Form or other court paper Sofuutons. Q Plus CRC 201. 501 pleading) The items on this page stated on mformation and belief (specify item numbers, not line 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 16 October 2020, I served the foregoing document(s) entitled: CASK MANAGEMENT STATEMENT 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 26 27 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 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 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 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 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). X ] 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 ] State: I declare under penalty ofperjury under the laws of the State of California that the above is true and correct. 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 16 October 2020 in Burbank, California. 10 12 AIDA GRIGORIAN 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Troy R. Szabo, Esq. Emily N. Clark, Esq, Kennaday Leavitt Owensby PC 621 Capitol Mall, Suite 2500 Sacramento, CA 95814 Email: tszabo@kennadavleavitt.corn eclark@kennadavleavitt.corn 10 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28