Statement Case Management ConferenceCal. Super. - 6th Dist.August 23, 2019ATTORNEY OR PARTY IM THOUT ATTORNEY fflams, State Saf numlmr and addmssl KARLENE ROGERS-ABERMAN, ESQ. (SBN 261709) STEPHENSON, ACQUISTO & DOLMAN 303 N. Glenoaks Boulevard, Suite 700, Burbank, CA 91502-3226 TELEPHONE NO (818) 559-4477 FAXNo fopsonati (818) 559-5484 E-MAIL ADDRESS (Opftaneii AFroRNLY Fop imamei Plaintiff, Stanford Health Care sUPERIQR coURT QF GALIFQRNIA, coUNTY QF Santa Clara-Unlimited sTREETADDREss 191 N. First Street MAILINGADDRESS Same cin ANozncooE San Jose, California 95113 BRANcHNAME DOWTOUYN SUPERIOR COURT PLAINTIFF/PETITIQNER Stanford Health Care DEFENDANTfREsr oNUENT: California Physicians'ervice CASE MANAGEMENT STATEMENT (Check one): My UNLIMITED CASE H LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) FOR COURT USE ONLY CASE NUMBER 19CV353876 CM-110 A CASE MANAGEMENT CONFERENCE is scheduled asfollows'ate: December 3, 2019 Time 2:15 p.m. Address of court (if different from the address above): Dept.: 8 DivU 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 Dne): a CU 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 (Io be answered by plaintiffs and cross-complainants only) a The complaint was filed on (dale). 8/23/19 b ~ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainanls only) a. My All parsee 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) W 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. ~ The following additional parties may be added (specify names, nature ofinvolvementin case, and date by which lhey may be served): 4 Description of case a TYPe of case in C/] complaint H cross-complaint (Describe, including causes of action): 1. Breach of Oral Contract; 2. Negligent Misrepresentation; 3. Implied-In-Fact Contract; and 4. Quantum Meruit Form Adopted for Mandatory Use J dtual Counul of Calnomts CMIIOIR J IY1,2011I CASE MANAGEMENT STATEMENT Peas 1 or S Cal Rules of Court n les 3 720-3 730 ww oo naos pe Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/18/2019 1:49 PM Reviewed By: System System Case #19CV353876 Envelope: 3663654 19CV353876 Santa Clara - Civil System System t PLAINTIFF/PETITIONER: Stanford Health Care DEFENDANT/RESPONDENT. California Physicians'ervice CASE NUMBER 19CV353876 CM-110 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 ffind/cele source and amount), estimated future medical expenses, lost earnings to date, and eslimated future lost earnings. If equitable re/iefis sought, describe the nature of the relief) Plaintiff rendered medically necessary services and supplies to Defendant's insureds. Upon demand for payment for said services, Defendant's failed to pay and/or have underpaid the claims. Plaintiff has been damaged in the amount of $ 14,013,130.23 plus interest. (If more than one party, provide the name of each party (If more space is needed, check this box and attach a page designated as Altachment 4b.) Jury or nonjury trial The party or parties request C] a iury trial Z] a noniury tnal requeshng a /ury trial): Trtial date a. ~ The tnal has been set for (date): 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 (spec//y dates and explain reasons for unava//abi/I/y) 7. Estimated length of trial The party or parties estimate that the tnal will take (check one): s. ~P days (sped/y number): Flue (5) b ~ hours (short causes) (specify) Trial representation (to be answen:d for each party) The party or parties will be represented at tnal ~ 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 8. Preference This case is entitled to preference (spec/fy 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 commumty programs in this case. (1) For parties represented by counsel Counsel Z3 has C3 has not provided the ADR information package identified in rule 3.221 to the chent snd reviewed ADR options with the chent. (2) For self-represented parties. Party H has H 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 subiect 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) ~ Plaintiff elects to refer this case to ludicial 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 California Rules af Court or from civil action mediation under Code of Ciwl Procedure section 1775 et seq (spec//y exemption). 3.811(b)(8) Amount in controversy exceeds $50,000.00 CM-110[Re J ~ly1 20111 CASE MANAGEMENT STATEMENT Pepe 2 ef e PLAINTIFF/PETITIONER: Stanford Health Care EFENDANT/RESPONDENT: California Physicians'ervice ! CASE NUMBER 19CV353876 CM-110 10. c. Indicate the ADR process or processes that the party or parties are willing to partiapate m, have agreed to participate in, or have already participated in (check a/I that apply and provide the specified information): The party or parties completing this form are willing to participate m the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to partirdpate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of Ihe parties'DR stipulation)i (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date) (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on(ate)'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 ludicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date). Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date) (5) Binding pnvate arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): C3 Agreed to complete private arbitration by (date): Private arbitration completed on (date); (6) Other (specify) ADR session not yet scheduled ADR session scheduled for (data): Agreed to complete ADR session by (date): ADR completed on (dale) CM-110[Re J lf 1,2011I CASE MANAGEMENT STATEMENT page 2 of 0 t PLAINTIFF/PETITIQNER: Stanford Health Care DEFENDANTIREsr oNDENT: California Physicians'ervice 11 Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: C] Yes C] No c. ~ Coverage issues will significantly affect resolution of this case (explain) CASE NUMBER 19CV353876 t M.110 12. Jurisdiction Indicate any matters that may affect the court's iurisdiction or processing of this case and descnbe the status~ Bankruptcy H Other (Specify)i Status 13. Related cases, consolidation, and coordination~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court (3) Case number (4) Status.~ Additional cases are descnbed in Attachment 13a. b Cl A motion to H 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, type of motion, and reasons) 15 Other motions The party or parties expect to file the following motions before tnal (specify moving party, type of motion, and issues): Defendant's Demuner Hearing set for February 13, 2020 16. Discovery a. ~ The party or parties have completed all discovery. b. ~x The following discovery will be completed by the date speafied (descnbe a/I anticipated discovery). ~part Descriotion Date Per C.C.P Per C.C.P Per C.C.P Per C.C.P Plaintiff Intenogatories Request for Production of Documents Request for Admissions Depositions c, ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify)i CM-110 IR J tf I, 2011I CASE MANAGEMENT STATEMENT POBI 4 Of 9 t PLAINTIFF/PETITIQNER'tanford Health Care DEFENDANT/REspoNDENT California Physicians Service CASE NUMBER 19CV353876 CM-110 17. Economic litigation a ~ This is a hmited evil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Cwii Procedure sections 90-98 will apply to this case. b, ~ This is a hmited evil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain spec/fice//y why economic lit/gation procedures relating lo discovery or lriai should not apply to this case): 18. Other issues~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify). 19. Meet and confer a. ~ 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. ARer meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 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 anjt alta as well as other issues raised by this statement, and will possess the authority to enter into stipulatxfns on the case management conference, including the written authority of the party where reguired. Date: 11/18/19 KARLENE ROGERS-ABERMAN, ESCL - -W 84 &/Z~d ~ /TYPE OR PRINT NAME) (TYPE OR PRINT NAME/ jsIGNATURE OF ARTY OR ATT NEYI (SIGNATURE l5F PARTY OR ATIORNEYi~ Additional 'atures are attached CM-110 IR J lr I 2011] CASE MANAGEMENT STATEMENT Page a efg 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 November 2019, I served the foregoing document(s) entitled: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [X] by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. 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 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)] 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. 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 18 November 2019 in Burbank, California. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANGELA DEMERS 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 18 19 20 21 22 23 24 25 26 27 28 \DOOQQUIAUJNH NNNNNNNNNb-dt-‘v-ir-tr-Ib-It-Ip-‘y-np-n WNQMAWNr-‘OOOOQGM-kUJNHO ar l . ewis, s . I-IREN osecr venue, ui 1 do, ew s@ aw com