Stipulation and Order

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

KOOOQQU'IhWNt-d NNNNNNNNNHH-n-‘HHo-nr-‘r-iv-u OOQQM-RWNHOCmflaUI-AWNWO on 6/11/2020 2:43 PM Reviewed By: R. Nguyen STEPHENSON, ACQUISTO & COLMAN MELANIE JOY STEPHENSON-LAWS, ESQ. (SBN 113755) RICHARD A. LOVICH, ESQ. (SBN 113472) KARLENE J. ROGERs-ABERMAN, ESQ. (SBN 237833) 303 N. Glenoaks Blvd., Suite 700 -.Burbank, CA 91502 Telephone: (8 1 8) 559-4477 Facsimile: (818) 559-5484 Attorneys for Plaintiff STANFORD HEALTH CARE, a California non- profit public benefit corporation SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA Envelope: 4445102 Filed June 12, 2020 Clerk of the Court Superior Court of CA County of Santa Clara 1QCV353876 By: jviramontes UNLIMITED JURISDICTION STANFORD HEALTH CARE, a Case No.: 19-CV-353876 California non-profit public benefit THE DEMURRER HEARING Plaintiff, AND RELATED OPPOSITION AND REPLY DEADLINES; V' AND CALIFORNIA PHYSICIANS’ 2. [FEW ORDER. SERVICE, dba BLUE SHIELD OF CALIFORNIA, a California corporation; and DOES 1 THROUGH 25, INCLUSIVE, Defendants. //// //// V 24523 ‘ fl; 1 - smu1..ATION To CONHNUEm3 DEMURRER HEARING AND RELATED OPPOSITION AND REPLY DEADLINES ' STIPULATION TO CONTINUE DEMURRER HEARING AND RELATED OPPOSITION AND REPLY DEADLINES RECITALS 8 9 10 11 12 13 14 16 17 19 20 21 22 23 24 25 26 27 28 l. On August 23, 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 January 30, 2020 Stanford Hospital filed a First Amended Complaint. The First Amended Complaint is the operative complaint. 2. On March 2, 2020, Blue Shield filed a Demurrer to the First Amended Complaint. The Notice of Demurrer set the Demurrer Hearing for June 23, 2020 in Department 8. However, following the transfer of this matter from Department 8, the Demurrer Hearing was rescheduled to June 25 at 9:00 a.m, in Department 6, 3. On or about May 27, 2020, the Court sua sponre continued a previously set Case Management Conference from June 2, 2020 to November 17, 2020 at 10:00 a.m. in Department 6. 4. No trial date has been set. 5. Pursuant to California Rules of Court 3.1320(d), "[fJor good cause shown, the court may order the hearing held on an earlier or later day on notice prescribed by the court." 24323 - 2 - sTIPULATIGN To coNTINUE THE DEMURRER HEARING AND RELATED OPPOSITION AND REPI Y 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 12 8. Additionally, the parties mutually agree to continue their respective Opposition and Reply deadlines in accordance with the new demurrer hearing date. 13 STIPULATION 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 a.m. 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. 22 23 24 25 26 24323 3 - STIPUI.AllON TO CONTINUE THE DEMURRER IIEARING AND RELATED OPPOSITION AND REPLY DEADLINES I SO STIPULATED Dated; 11 June 2020 10 11 12 13 14 15 16 SO STIPULATED Dated: 11 June 2020 VON BEHREN k ~R LLP 18 19 21 22 23 24 25 26 27 28 //// ///I/ //// //// //// //// 24523 CAROL BURNEY LEWIS Attorneys for CALIFORNIA PHYSICIANS'ERVICE, dba BLUE SHIELD OF CALIFORNIA - 4 - STIPULATION TO CONTINUE THE DEMURRER HEARING AND RELATED OPPOSITION AND REPLY DEADMNES \oooxxamaww... NMNNNNNNN‘ mummammHogaQ‘aagaszg [W] 012w Having reviewed and considered the foregoing Stipulation and for good cause appearing, IT IS I-DEREBY ORDERED: 1. The Demurrer Hearing set for June 25, 2020 at 9:00 aLm. in Department 5 shall be continued by at least 60 days, until A. .glm 97 , 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. June 12, 2020 Dated: HON.MAUREEN A. FOLAN Judge, Superior Court of California for the County of Santa Clara 24523 - 5 - STIPULAUON TochTmUE THE DBMURRER 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 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). ] 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 Californi. 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 [ ] 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. 12 Executed on 11 June 2020 in Burbank, Califo ia. 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 18 19 20 21 22 23 24 25 26 27 28 \OOOQQUIAUJNH NNNNNNNNNt-tHHHHr-th-tr-‘r-AH WNQMhWNHCCOONONMAUJNP‘O ar l . ewis, s . osecr venue, ui l do, ew s@ aw com