Statement Case Management Conference

Cal. Super. - 6th Dist.April 1, 2021

21 CV381447 Santa Clara - Civil QMeMIQ/stem ATI'ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Darryl A. Ross (CSB #180022) Electronically Filed 23052-H Alicia Parkway, #402 by Superior Court of CA, Mission Viejo, CA 92692 county of Santa Clara, TELEPHONE No; 949-238-7775 FAX No. (Optional): 949-325-7833 0n 7/1 9/2021 2:54 PM E-MAILADDREss (Optional): daross@marinerhealthcare.com Reviewed By: system System ATTORNEY FOR Mame» Defendants Case #21 cv381 447 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA . STREETADDRESS: 191 North First Street Envelope' 6876690 MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: MARIE ROMERO, an individual, et al. DEFENDANT/RESPONDENT: ALMADEN OPERATING COMPANY, LP, et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE E LIMITED CASE 21 CV381447 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 08/03/21 Time: 2:15 p.m. Dept: 7 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Darryl A. Ross, 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): See Attachment b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): 4. Description of ca_se a- Type 0f case In complaint E cross-complaint (Describe, including causes of action): 1. Statutory Elder Abuse/Neglect; 2. Negligence; and Violation ofthe Patients' Bill of Rights Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-110 [Rev. July 1, 201 1] www.courts.ca.gov CM-110 PLAINTIFF/PETITIQNER; MARIE ROMERO, an individual, et al. CASE NUMBER:_ 21 V 1447 DEFENDANT/RESPONDENT: ALMADEN OPERATING COMPANY, LP, et al. C 38 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Please see Plalntlffs' Case Management Statement. E (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request E a jury trial a nonjury trial. (lfmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been set for (date): b. No trial date has been set. This case will be ready for trial within 12 months ofthe date ofthe filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): TriaI/Arbitration: 1/06/22; 3/14/22; 3/1 8/22; 4/4/22; 4/29/2022; 5/04/22; and 7/29/22 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5'7 b. E 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 E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:E Additional representation is described in Attachment 8. 9. PreferenceE 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 has E has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For seIf-represented parties: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is subject to mandatoryjudicial 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) E 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 judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): The amount in controversy exceeds $50,000. CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page20f5 CM-110 _ PLAINTIFF/PETITIONER: MARIE ROMERO, an individual, et aI. CASENUMBER= DEFENDANT/RESPONDENT: ALMADEN OPERATING COMPANY, LP, et aI. 21CV381447 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): 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’ADR stipulation): (1) Mediation DUDE 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 (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial 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 private Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-11o [Rev. July 1, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-1 1 0 PLAINTIFF/PETITIONER: MARIE ROMERO, an individual, et al. CASE NUMBER:_ 21CV381447 DEFENDANT/RESPONDENT; ALMADEN OPERATING COMPANY, LP, et al. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E Yes E No c. E Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.E Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination a_ E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. E A motion to E consolidate E 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): Defendant intends on filing a Motion to Bifurcate Punitive Damages. 15. Other motions The art or arties ex ectto file the followin De endyant ?ntends opn filing a Motion f0r% motions before trial (specify moving party, tyfile {3f motion and issues):0 Adjudication; and Motions in Limine. ummary Judgment or in the alternative ion for Summary 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Pany Descrigtion % Defendant Written Discovery January 2022 Defendant Percipient Witness Depositions March 2022 Defendant Expert Discovery Per Code c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-11o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: MARIE ROMERO, an individual, et aI. CASE NUMBER:- 21CV381447 DEFENDANT/RESPONDENT: ALMADEN OPERATING COMPANY, LP, et al. 17. Economic litigation a.E 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 wi|| apply to this case. b.E This is a 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 to discovery or trial should not apply to this case): 18. Other issuesE 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. 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 of pages attached (ifany): 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 wi|| 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. ,g H, .l. :8 Darryl A. Ross ’ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATI'ORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATI'ORNEY)E Additional signatures are attached. Date: July 19, 2021 CM-110 [Rev.July1,2011] CASE MANAGEMENT STATEMENT PageSofs MC-025 SHORT TITLE: CASE NUMBER:_ Romero V. Almaden Operating Company, et a1. 21CV381447 ATTACHMENT (Number): 1 (This Attachment may be used with any Judicial Council form.) 1a. This statement is submitted by party (name): Almaden Operating Company, LP dba Almaden Health and Rehabilitation Center and Charo Lagunilla (If the item that this Attachment concerns is made under penalty of peljury, all statements in this Page 1 of 1 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov Judicial Council of California MC-025lReV-July1, 20091 to Judicial Council Form 4; QQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a party PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not t0 the within action; my business address is 5440 Trabuco Road, Irvine, CA 92620. On July 19, 2021, I served the document(s) described as CASE MANAGEMENT STATEMENT 0n the interested parties listed below in the manner described below: William M. Barman, Esq. Harlan J. Zaback, Esq. BERMAN & RIEDEL, LLP 12264 E1 Camino Real, Suite 300 San Diego, CA 92130 (858) 350-8855 (O) (858) 350-9855) (F) hzaback@bermanlawyers.com egonzales@bermanlawyers.com Said service was made by: (XX) BY E-MAIL or ELECTRONIC TRANSMISSION: Under C.C.P. § 1010.6, I caused the aforementioned documents t0 be sent t0 the person 0r persons at the email address indicated during normal business hours. I did not receive, Within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessful. (XX) STATE: I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed on July 19, 2021, at Irvine, California. By: Shereen P. Greeno -1- CASE MANAGEMENT STATEMENT