Statement Case Management Conference

Cal. Super. - 6th Dist.August 23, 2019

ATTORNEY OR PARTY WITHOUT ATTORNEY fNeme, State Sar numeet and addn ss) KARLENE ROGERS-ABERMAN, ESQ. (SBN 261709) STEPHENSON, ACQUISTO & COLMAN 303 N. Glenoaks Boulevard, Suite 700, Burbank, CA 91502-3226 TELEPHDNEND (818) 559-4477 FAR No fopsonNJ (818) 559-5484 E.MAIL ADDRESS fonfmnsp ATroRNEv FoR fmamsf. Plaintiff, Stanford Health Care sUPERloR CDURT oF CALIFDRNIA, coUNTY oF Santa Clara-Unlimited STREETAODRESS 191 N. First Street MAILING ADDRESS same GITYANDzecoDE San Jose, California 95113 BRANGH NAME POWTOWN SUPERIOR COURT PLAINTIFF/PETITIQNER: Stanford Health Care DEFENDANT/REsPQNDENT: California Physicians'ervice FOR COURT USE ONLY CM-110 (Check one): CASE MANAGEMENT STATEMENT UNLIMITED CASE C3 LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER 19CV353876 A CASE MANAGEMENT CONFERENCE is scheduled as follows. Date: June 2, 2020 Time: 10:00 a.m. Dept.. 6 Address of court (if different from the address above) Div.. Room: Notice of intent to Appear by Telephone, by (name)t Karlene Rogers-Aberman, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. t. Party or parties (answer one): a. ~W 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 p/ainiiffs Bnd cross-comp/einants only) a. The complaint was filed on (date): 8/23/19; FAC 1/30/20 b ~ The cross-complaint, if any, was filed on (dere): 3. Service (to be answered by plaintiffs Bnd cross-comp/ainan/s only) a. ~v All 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 (I) ~ have not been served (specify names and explain why not): (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, nalure ofinvolvementin case, Bnd date by which they may be sewed) 4. Description of case a Type of case In EZ complaint M cross-complaint (Describe, including causes of action): 1. Breach of Oral Contract; 2. Implied-In-Fact Contract; and 3. Quantum Meruit Form Adopted for Msndalmv Use Judfcisl Counul of Calnwnis CM-110 [Rev July I, 2011] CASE MANAGEMENT STATEMENT Pace I or S Csl Rules of Court, rules 3 720-3 730 www couffs ca pov Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/18/2020 5:56 PM Reviewed By: System System Case #19CV353876 Envelope: 4350058 19CV353876 Santa Clara - Civil System System CM-110 mPLAINTIFF/PETITIONER; Stanford Health Care 19CV353876 DEFENDANT/RESPONDENT: California Physicians'ervice 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specs/y the injury and damages claimed, including medical expenses to date (indicate source and amount), eslimaled future medical expenses, lost earnings to dele, end estima/ed future lost earnings. If equi/able reliefis 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 $3,131,265.45 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 Affschmenl 4b.) Jury or nonjury trial The party or parties request C] a jury trial K a nonjury trial requesting e jury trial): 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 nol, explain): c Dates on which parties or attorneys will not be available for trial (speci/y dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~Z days (specify number): 10-15 days b. ~ hours (short causes) (specify): 10. Trial representation (/o 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 & Colman 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 (speci/y code section). 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 MJ has H hss 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 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 limit. (2) ~ Plaintiff elects to refer this case to judicial arbitration and agrees to fimit 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 of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq (speci/y exemption): 3.811(b)(8) Amount in controversy exceeds $50,000.00 CM-110 IReu July 1. 2011i CASE MANAGEMENT STATEMENT Page 2 or 0 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 wilhng to participate in, have agreed to participate in, or have already participated in (check ail 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 af the processes (attach a copy of the parties'DR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (dafe): Agreed to complete mediation by (dafe): Mediation completed on (date). (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (dafe) Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dais): Agreed to complete neutral evaluation by (date). Neutral evaluation completed an (dafe): (4) Nonbinding judicial arbitration Judiaal arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judioal arbitration completed on (data): (5) Binding private arbitration C3 Private arbitration not yet scheduled Pnvate arbitration scheduled for (dafe): C3 Agreed to complete pnvate arbitration by (date): Pnvats arbitration completed on (dale): (6) Other (specify). ADR session nat yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date) ADR completed on (date): CM.110 IRev July 1. 2011] CASE MANAGEMENT STATEMENT Page 6 of 6 pLAINTIFF/pETITIQNER: Stanford Health Care DEFENDANT/RESPDNDENF California Physicians'ervice CASE NUMBER 19CV353876 CM-110 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b Reservation ofrights C3 Yes H No c. ~ Coverage issues will significantly affect resolution of this case (exp/a/n). 12 Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and descnbe the status C] Bankruptcy M Other (specify) Status: 13. Related cases, consolidation, and coordination a ~ There are companion, underlying, or related cases. (1) Name of case: Stanford Health Care v. California Physicians'ervice dba Blue Shield of California (2) Name of court. Santa Clara Superior Court (3) Case number: 19CV346712 (4) Status: Pending~ Additional cases are described in Attachment 13a. b. H A motion to H consolidate H 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 trial (speci/y moving party, type of motion, end issues): Defendant's Demurrer Hearing set for June 25, 2020 16. Discovery a. ~ The party or parties have completed afi discovery. b ~v The fallowing discovery will be completed by the date specified (describe a/I anticipated d/scovery): Party Descriotion Date Plaintiff Interrogatories Request for Production of Documents Request for Admissions Depositions Per C.C.P, Per C.C.P. Per C.C.P. Per C.C.P. c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110[Ref Jolrf.ggffi CASE MANAGEMENT STATEMENT page e of 5 PLAINTIFF/PETITIQNER: Stanford Health Care DEFENDANT)RE$PONpENT California Physicians'ervice CASE NUMBER 19CV353876 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 s 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 trial 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): Possible transfer ta complex civil division 19. Meet and confer a. ~Z The party or parties have met and conterred 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 (specify): 20 Total number af 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 authonty to enter inta stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: 5/1 8/2020 KARLENE ROGERS-ABERMAN, ESCL )TYPE OR PRINT NAME) ~GNATLjte(IF PARTY OI(ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 IRev July 1, 2011] CASE MANAGEMENT STATEMENT Peseeere 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 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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)] 9 10 11 12 13 14 15 16 17 ] 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 of perjury 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 May 2020 in Burbank, California. ANGELA DEMERS 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 18 19 20 21 22 23 24 25 26 27 \OOOQQUl-BUJNH NNNNNNNNNfi-lr-dp-dt-dt-tHHHr-tp-t OONONM-hUJNF-‘OWOONONMAUJNP‘O ar l . ewis, s . osecr venue, ui l do, ew s@ aw com