Statement Case Management Conference

Cal. Super. - 6th Dist.October 2, 2020

ATTORNEY OR PARTY WITHOUT ATTORNEY /Nam, Slate Sar number end address): Barbara V. Lam, Esq./S.B.N. 231073 Law Offices of Stephenson, Acquisto & Colman, Inc. 303 N. Glenoaks Blvd., Suite 700 Burbank, CA 91502 TELEPHONE Roc 818-5594477 EefAILAGCREss blamt@sacfirm.corn ArroRNEYFLN wane) Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA ETREETAorMEss 191 N, 1st Street MAILING AOORESS cITYANozIPGGCE.San Jose, CA 95113 SRANCH NANN. F~ ~. fo /s818-559-5484 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT:CARPENTERS HEALTH AND WELFARE TRUSTFUND FOR CA A CASE MANAGEMENT CONFERENCE is scheduled as follows: CASE MANAGEMENT STATEMENT (Check one): Cg UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) FOR COURT IISE ONI. 7 CASE NUMBER 20CV371446 CIN-110 Date; 11/23/2021 Time: 10:00 AM DePt.: 19 Address of court (I/ different from the address above): Divz Room: ~x 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)f 2. Complaint and crossd:omplaint (/o be answered by p/ainti/fs and cross-comp/ainan/s only) a. The complaint wss filed on (date): 10/2/2020 b. ~ The crossm:omplaint, if any, was Sled on (date): 3. Service (to be answered by p/ain//ffs and cross-comp/a/nan/s only) a. ~x 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 crossd:omplaint (1) ~ have not been served (specify names and exp/ain why no/): (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)f c. ~ The following additional parties may be added (specify names, nature of involvement in case, end date by which tifey may be served): 4. Description of case a. Type of case in ~x complaint ~ cross-complaint Breach of Implied In Fact Contract and Quantum Meriut (Describe, including causes of ection): Form Adoptetl lor Mandatory Use Judtdal Coundl of Cagfomia CM.1 10 iRev. September I, 2021] CASE MANAGEMENT STATEINENT Page I of 0 Cal, Rules of Court, rules 3.720-3.730 www coeds ca gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/3/2021 1:51 PM Reviewed By: R. Fleming Case #20CV371446 Envelope: 7595900 20CV371446 Santa Clara - Civil R. Fleming CM-110 ~ (If more space ls needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request ~ a jury trial requesting a jury trial): ~x a nonjury trial. (If more than one pariy, provide the name of each party ! PtAtNTtFF/PETtTIQPIER STANFORD HEALTH CARE CASE NUMBER pEFENDAPITIRESppNDENT CARPENTERS HEALTH AND WELFARE TRUSTFUND FO'ALIFORNIA 20CV371446 4. b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the injury enddamages claimed, including medical expenses to date (indicate source and amount), estimated fulure medical expenses, lost earnings to date, end eslimaled future lost earnings. If equitable relief is sought, describe the nature of the relief) Plaintiff provided medically necessary services and supplies to insured of Defendant's health plan. Upon completion of treatment, discharge, and demand for said services and supplies, Defendant failed to properly reimburse plaintiff. Defendant caused damages inan amount to be proven at trial according to proof, but in no event less than $51 1,907.1 9. Trial date a. ~ The trial has been set for (dale): b. ~x Notrial date has been set. This case willbereadyfortrial within12 monthsof the date ofthe filingofthe complaint (Ifnot, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): See attached Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~x days (specify number): 5 b. ~ hours (short causes) (specify): Trial representation (Io be answered for each parfy) The party or parties will be represented at trial ~x by the attorney or party listed in the caption ~ by the following:a. Attorney: b. Firm: c. Address: d. Telephone number: e. E-mail address:~ Additional representation is described in Attachment 8. Preference~ This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) f. Fax number: g. Party represented: a. ADR information package. Please note that different ADR processes are available in different courts and communities; readthe ADR information package provided by the court under rule 3.221 of the California Rules of Court for information about theprocesses available through the court and community programs in this case. (1) For parties represented by counsek 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) For self-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)~ 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 limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3)~ This case is exempt from judikmal arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 el seq. (specify exemption): CM-110 iRev. September 1, 2021i CASE NIANAGEMENT STATEMENT Page 2 of 0 ! PLAINTIFFIPSTD IONSR. STANFORD HEALTH CARE CASE NUIVSER DEFENDANT/RESPONDENT CARPENTERS HEALTH AND WELFARE TRUSTFUND FO CDANT/RESPONDENT'ALIFORNIA CM-110 I 0. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, orhave already participated in (check a/I that apply and provide the specified information): (I ) Mediation (2) Settlement conference (3) Neutral evaluation (4) Nonbinding judicial arbitration (5) Binding private arbitration 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 (attach a copy of the parties'DR stipulation): ~x Mediation session not yet scheduled~ Mediation session scheduled for (date):~ Agreed to complete mediation by (date):~ Mediation completed on (date): ~x Settlement conference not yet scheduled~ Settlement conference scheduled for (date):~ Agreed to complete settlement conference by (date)i~ Settlement conference completed on(date)i ~ Neutral evaluation not yet scheduled~ Neutral evaluation scheduled for (date)i~ Agreed to complete neutral evaluation by (date):~ Neutral evaluation completed on (date): ~ Judicial arbitration not yet scheduled~ Judicial arbitration scheduled for (date)i~ Agreed to complete judicial arbitration by (date)i~ Judicial arbitration completed on (date): ~ Private arbitration not yet scheduled~ Private arbitration scheduled for (date)i~ Agreed to complete private arbitration by (date)i~ Private arbitration completed on (date)i (6) Other (specify): ~ ADR session not yet scheduled~ ADR session scheduled for (date):~ Agreed to complete ADR session by (dale):~ ADR completed on (date): CM-110 [Rem Seelemeer 1, 2021i CASE MANAGEMENT STATEMENT peee 3 ef 3 ! PLAINTIFFrpETITIONER 61ANI UHU HEAL I H UAHE CARPENTERS HEALTH AND WELFARE TRUSTFUNDDEFENDANT/RESPONDENT: FOR CALIFORNIA 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: ~ Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case (explainj: ! CASE NUMBER 20CV371446 CM-110 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. ~ There are companion, underlying, or related cases. (1) Name of case: (2) Name ofcourt: (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. ~ A motion to ~ consolidate ~ coordinate will be filed by (nsme party): 14. Bifurcation~ The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes ofaction (specify moving party, type of motion, and reasons): 15. Other motions ~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. ~x The fallowing discovery will be completed by the date specified (descnbe all anticipated discovery): Eady Plaintiff Plaintiff Plaintiff Form Interrogatorties; Special Interrogatories Request for Admission Request for Production of Documents; Depositions Pursuant to C.C.P. Code Pursuant to C.C.P. Code Pursuant to C.C.P. Code c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, areanticipated (specify): cM-1 10 inev. september 1, 2021I CASE MANAGEMENT STATEMENT Rege 1 of 5 ! pLAiNT(FFipETiyipMERI STANFORD HEALTH CARE ~ CASE NUMSER DEFEISDANT/RESPONDENT QRf@QRS HEALTH AND WELFARE TRUSTFUND FO 20CV371448 17. Economic litigation a. ~ This is a limited civil case (i,e., the amount demanded is $25,000 or less) snd the economic litigation procedures in Codeof 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 additionaldiscovery will be filed (if checked, explain specifically why economic i(ligation procedures relellng to discovery or trialshould 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 managementconference (specify): 19. Meet and confer a. ~x The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rulesof Court (if nol, explain): b. ~x After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following(specify): Documents have been exchanged. Plaintiff has proposed mediator Jeffrey Hare through the court ' neutral panel for the Rule 4 ADR option and awaiting Defendant ' decision. 20. Total number of pages attached (lf any): 1 BARBARA A. LAM, ESQ. PYPE OR PRINT NAME) 1 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 ofthe case management conference, including the written authodity of the party where required. Date November 3, 2021 / / r,-:J (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 [Rev. September I, 2021) CASE MANAGEMENT STATEMENT Page 5 of 5 For your protection and privacy, please press the Char This Form button after you have printed thaform. !~i~ tjI ! Save this form ] SHORT TITLE STANFORD HEALTH CARE VS CARPENTERS HEALTH [ cites NUMBER AND WELFARE TRUST FUND FOR CALIFORNIA ~ ZOCV371446 1i ¹6c 3 11/8/21-11/12/Zl Arbi 12/13/21-12/24/21 Arb/Triali 2/1/22 Trial; 2/7/22- 4 2/11/22 Arbi 2/22/22-2/25/22 Arbi 3/28/22-4/1/22 Arbi 4/11/22-4/13/22 Trial; 5 4/ll/22-4/15/22 Arb; 4/25/22-4/28/22 Arbi 5/9//22-5/13/22 Arbi 6/13/22- 6 6/17/22 Arbi 7/18/22-7/22/22 Arb; 8/1/22 Arbi 9/19/22-9/23/22 Arbi 9/26/22- 7 9/30/22 Arbi 10/3/22-10/7/22 Arbi 10/25/22-10/28/22 Arbi 11/7/22-11/11/22 8 Arbi 12/5/22-12/9/22 Trial; 2/6/23-2/10/23 Arbi 2/13/23-2/17/23 Arbi 3/20/23- 9 3/24/23 Arbi 5/15/23-5/19/23 Arbi 8/21/23-8/25/23 Arb 10 12 14 15 16 17 18 19 20 21 22 23 24 25 26 (Required for verified pleading) The items on this page stated on information and behef (specify item numbers, not linenumbers): 27 Ih is page may be used w i th any J ud icia I Cou nci I form or an y other pa per fi Ied w i th th i s cou rt . pa9e 6 ADDITIONAL PAGE Attach to Judicial Council Form or Other Court Paper Sofuut~ns PROOF OF SERVICE I am employed in the county ofLos Angeles, State of Californi. I am overthe age of 18 and not a party to the within action; my business address is 303 NorthGlenoaks Boulevard, Suite 700, Burbank, California 91502-3226. On 3 November 2021, I served the foregoing document(s) entitled: CASE 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 28 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 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 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 ofExpress Mail on the aforementioned date. [C.C.P. 1013(c)] 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). [ X ] BY ELECTRONIC SERVICE: By emailing true and correct copies to thepersons at the electronic notification address(es) shown on the accompanying service list. The document(s) was/were served electronicallyand the transmission was reported as complete and without error. [ X ] State: I declare under penalty ofperjury under the laws of the State ofCalifornia that the above is true and correct. Executed on 3 November 2021 in Burbank, California. 10 12 13 14 15 16 AIDA GRIGORIAN 17 18 19 20 21 22 23 25 27 28 SERVICE LIST Michael J. Korda, Esq. George M. Kraw, Esq. Lisa Schwantz, Esq. Katherine McDonough, Esq. KRAW LAW GROUP, APC 605 Ellis Street, Suite 200 Mountain View, CA 94043 9 10 lschwantz kraw.com & k~mcdoooo IRkraw.corn 13 14 15 16 17 18 19 22 23 25 27