Statement Case Management ConferenceCal. Super. - 6th Dist.January 4, 2021ATTORNEY OR PARTY IMTHOUT ATTORNEY tName, Stale Bar number, a d address) CHRISTOPHER HAPAK, ESQ. (SBN 267212) STEPHENSON, ACQUISTO & COLMAN 303 N. Glenoaks Boulevard, Suite 700, Burbank, CA 91502-3226 TFLEPHONE NO (818) 559"4477 FAX NO iofxnmml (818) 559-5484 E.MAIL ADDRESS (Optmnali ATToRNEY FQR &Namei Plaintiff, Stanford Health Care suPERIDR CDURT QF CALIFDRNIA, coUNTY oF Santa Clara-Unlimited Jurisdiction s~REE~ ADDREss 191 N, First Street MAILING ADDRESS same cITYANDZIPGDDE San Jose, Callfoliila 95113 BRANcH NAME Downtown Courthouse PLAINTIFF/PETfTIDNER Stanford Health Care DEFENDANT/REsPQNDENT: Anthem Insurance Companies, et al. CASE MANAGEMENT STATEMENT (Check one): C/7 UNLIMITED CASE H LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows FOR COURT IJSE ONLY CASE NUMBER 21CV375437 CM-110 Date. 5/11/2021 Time: 3:00 pm Address of court (if differen from the address above): Dept 20 Div: Room; Notice of Intent to Appear by Telephone, by (name)J CHRISTOPHER HAPAK, ESQ. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one) a ~ 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 (lo be answered by plaintiffs and cross-comp/ainants on/y) a The complaint was filed on (date): 1-4-2021 b. ~ The cross-complaint, if any, was bled on (dale). 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a EZ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. GH The following parties named in the complaint or cross-complaint (1) ~ have not been served (spemfy names and explain why not): Anthem Blue Cross Life and Health Insurance; Anthem Health Plans, Inc. by Doe Amendment (2) ~ have been served but have not appeared and have not been dismissed (speci/y names): Anthem Insurance Companies, Inc. by extension via Stipulation (3) ~ have had a default entered against them (specify names). c ~ The following additional parties may be added (specifynames, nature ofinvolvement m case, and date bywhich they may be sewed). 4. Description of case a Type of case in ~z complaint ~ cross-complaint (Describe, inc/udmg causes of action). 1. Breach of Implied-In-Fact Contract; and 2. Quantum Meriut. Form Adopted fo Mandatory Use 2nd o al Counol of Cat forn a cM.110 IRev July I, 2011I CASE MANAGEMENT STATEINENT Peas I orb Cal R Iesofcomt n les 3 720-3 730 mn oounsbaeov Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/26/2021 5:29 PM Reviewed By: System System Case #21CV375437 Envelope: 6319168 21CV375437 Santa Clara - Civil System System CM-110 t PLAINTIFF/PETITIONER Stanford Health Care 21CV375437 DEFENDANTIRESPONDENT; Anthem insurance Companies, et al. 4 b. Provide a bnef statement of the case, including any damages (If personal Injury damages are sought, spemfy the Injury and damages claimed, including medical expenses Io date findicaie source and amount), estimated future medical expenses, lost earnings Io date, and estimated future lost earnings If equitable relief is sought, descnbe the nature of the raker) Plaintiff rendered medically necessary services and supplies to Defendants'nsureds. Upon demand for payment for said services, Defendants'ailed to pay and/or have underpaid the claims. Plaintiff has been damaged in the amount of $ 1,157,946.66 plus interest. (If more space is needed, check this box and attach a page designaied as Attachment 4b.) 5. Jury or nonjury trial The party or parties request ~ a jury trial ~v a nonjury tnal. (If more than one party, provide the name of each party requesting a jury Inai): 6. Trial date a. ~ The trial has been set for (date). b. ~ No tnal 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 tnal (specify dates and explain reasons for unavailabihly) 7. Estimated length of trial The party or parties estimate that the tnal will take (check one): a CH days (specify number): Three (3) b ~ hours (short causes) (specify): 8. Trial representation (to 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'HRISTOPHER HAPAK, 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. 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 Z3 has H has not provided the ADR information package identified in rule 3 221 to the ckent and reviewed ADR options with the ckent (2) For self-represented parties: Party Z3 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 sechon 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 kmit. (2) ~ Plaintiff elects to refer this case to judicial arbitration and agrees to kmit 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 Courtor from cwil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption) 3.811(b)(8) Amount in controversy exceeds $50,000.00 cu.110 IR&y July 1 2011) CASE MANAGEMENT STATEMENT P&0& 0 ef 0 PLAINTIFF/PETITIONER. Stanford Health Care EFENDANT/RESPONDENT'nthem Insurance Companies, et al. ! CASE NUMBER 21CV375437 CM-110 10. c. Indicate the ADR process or processes that the party or parties are wilhng to participate in, have agreed to partidpate in, Or have already participated in (check a/I lha/ apply and provide the specified informs/ion) The party or parties completing this form are willing to participate in the following ADR processes (check a/I that apply): lf 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 (a//ach a copy of the parties'DR stipu/ation) (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (dale). Agreed to complete mediation by (dale): Mediation completed on (dale) (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (da/e). 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)i Agreed to complete neutral evaluation by (dale): Neutral evaluation completed on (da/e) (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (da/e): Agreed to complete ludicial arbitration by (dale) Judicia/ arbitration completed on (date) (5) Binding pnvate arbitration Private arbitration not yet scheduled Pnvate arbitration scheduled for (da/e) Agreed to complete private arbitration by (dale). Private arbitrabon completed on (da/e) (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 IRe Joiy E 2011I CASE MANAGEMENT STATEMENT Page 6 of 6 t PLAINTIFF/PETITIQNER Stanford Health Care DEFENDANT/RESPONDENT. Anthem Insurance Companies, et al. 11 Insurance a. ~ Insurance earner, if any, for party fifing this statement (name) b Reservation of rights: C] Yes M No c C7 Coverage issues wifi significantly affect resolution of this case (explain). CASE NUMBER 21CV375437 CM-110 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status~ Bankruptcy C3 Other (specify) Status; 13. Related cases, consolidation, and coordination a ~ 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 C] A motion to C3 consolidate W coordinate wil I be filed by (name party). 14. Bifurcation~ The party or parties intend to hie a motion for an order bifurcating, sevenng, 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 (specify moving party, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovety. b ~J'he following discovery will be completed by the date speafied (describe ail anticipated discovery): Party Descnotion Date Per C C.P Per C.C.P Per C.C.P Per C.C.P Plaintiff Interrogatories Request for Production of Documents Request for Admissions Depositions~ The following discovery issues, including issues regarding the discovery of electronically stored information, are antixapated (specify) CM.110 IReu July 1, 2011I CASE MANAGEMENT STATEMENT Beg* Jere t PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT. Stanford Health Care Anthem Insurance Companies, et al. CASE NUMBER 21CV375437 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 a ((m(ted 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 relahng to discovery or fna( should nof app(y fo this case): 18. Otherissues~ The party or parties request that the following additional matters be considered or determined at the case management conference (speci/y): 19. Meet and confer a ~ The party or parties have met and conferred with ail parties on all subjects required by rule 3.724 of the California Rules of Court (if nof, exp/ain). The parties could not meet and confer, as counsel has not yet appeared. b. After meeting and conferring as required by rule 3.724 of the Cahfornia 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 and alternative dispute resolution, as weil 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: 4/26/2021 CHRISTOPHER HAPAK (TYPE OR PRINT NAME) (SIGNATURE OF PART TTORNEYI (TYPE OR PRINT NAME) (SIGNATURE OAPAftTY OR ATTORNEY)~ Additional signatures are attached cM-110 (Reu July I, 2011( CASE MANAGEMENT STATEMENT Pose 0 of 0 PROOF OF SERVICE 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 26 April 2021, I served the foregoing document(s) entitled: CASE MANAGEMENT CONFERENCE STATEMENT 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 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)] [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] 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 26 April 2021 in Burbank, California. 13 14 15 ANGELA DEMERS 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST TROUTMAN PEPPER HAMILTON SANDERS LLP Chad Fuller, Esq. chad.fuller troutman.corn 11682 El Camino Real, Suite 400 San Diego, CA 92130-2092 Jenna Uyen Nguyen, Esq. jenna.nguyen troutman.corn 5 Park Plaza, Suite 1400 Irvine, CA 92614-2545 10 12 13 14 15 16 17 20 21 22 23 24 25 27 28