Statement Case Management Conference

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

21 CV381 549 Santa Clara - Civil WWstem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURTUSE ONLY Mark Hilliard 249781 Brothers Smith LLP . Electronically Filed 2033 N. Main St. , Ste. 720 by Superior Court of CA, Walnut Creek, CA 94596 County of Santa Clara, TELEPHONENO; (925) 944-9700 FAXNO.(0ptiona/): (925) 944*9701 on 8/6/2021 4:38 PM E-MAxLAooR5s5(0pa-onao: mhilliardGbrotherssmithlaw. com Reviewed By. System System ATTORNEYFOR(Name): Plaintiff, Kan-Di-Ki, LLC d/b/a Trident Care case #21cv3'81549SUPERIOR COURT OF CALIFORNIA, COUNTY 0F santa Clara STREETADDRESS: 191 N. First St. MAILING ADDRESS: CITYANDZIPCODE: San Jose, CA 95113 BRANCHNAME; Downtown Superior Court PLAINTIFF/PETITIONER: KAN-DI-KI, LLC d/b/a TRIDENT CARE Envelope: 7015820 DEFENDANT/RESPONDENT: DYCORA TRANSITIONAL HEALTH - SAN JOSE LLC CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): m UNLIMITED CASE D LIMITED CASE 2 1CV3 8 :L 5 4 9 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 8 / l 0 /2 02 l Time: 3 : 4 5 PM Dept: l 9 Div.: Room: Address of court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name): Mark J . Hilliard INSTRUCTIONS: Ail applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. m This statement is submitted by party (name): Plaintiff ~ KAN-DI~KI, LLc d/b/a TRIDENT CARE b. D 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): O 4 - O l-2 O 2 l b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. m Al! parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross~comp|aint (1) D have not been served (specify names and explain why not): (2) m have been served but have not appeared and have not been dismissed (specify names): DYCORA TRANS ITIONAL HEALTH - SAN JOSE LLC (3) D have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature ofinvolvement in case, and the date by which they may be served): 4. Description of case a. Type of case in complaint D cross-complaint (Describe, including causes ofaction): Defendants breached multiple contracts with Plaintiff. Plaintiff has asserted Causes of Action for: (l)Breach of Written Contract; (2)0pen Book Account; (3)Constructive Treatment; (4) Unj ust Enrichment Page 1 of 5 Form Ado ted for Mandate Use . AN Cal. Rules of Court, JudiCia?Council of Calflgn'la CEB' Essential CASE M AGEMENT STATEMENT rules 3720-3130 CM-1 1 0 [Rev. July 1, 201 1] I m QFormg- www.ooutts.ca.gov 50487 .001 CM-1 1O PLAINTIFF/PETITIONER:KAN-DI-KI , LLC d/b/a TRIDENT CARE CASE NUMBER: 2 1CV3 8 l 5 4 9 DEFENDANTIRESPONDENT: DYCORA TRANSITIONAL HEALTH - SAN JOSE LLC 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 amounfl, estimated future medical expenses, lost eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Plaintiff ' s verified Complaint asserts damages in the sum of approximately $ 60, 298 . 86, plus interest, costs and fees, resulting from Defendants ' breach of numerous contracts with Plaintiff, which is a supplier of outsourced medical testing . D (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 m a jury trial D a nonjury trial. (Ifmore than one patty, provide the name of each party requesting a jury trial): _ 6. Trial date a. a The trial has been set for (date): b. m 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 not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. m days (specify number): 3*5 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:D Additional representation is described in Attachment 8. 9. PreferenceD This case is entitled to preference (specifi/ 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 m has D 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 D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under of Code of Civit Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) D 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 .1 1. (3) D This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civii action mediation under Code of Civil Procedure section 1775 et seq. (specify exeantion): CM-11o [Rem July1.2o111 CASE MANAGEMENT STATEMENT Pa9°2°f5 CEB' I Essential cmMEfiEz-m' 50487.001 CM-1 1O DEFENDANT/RESPONDENT: DYCORA TRANSITIONAL HEALTH - SAN JOSE LLc PLAINTIFF/PETITIONERZKAN-DI-KI, LLC d/b/a TRIDENT CARE CASENUMBER: 21CV381549 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 infomation): The party or parties completing this form are willing to panicipate 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 m Mediation session not yet scheduled D Mediation session scheduled for (date): a Agreed to complete mediation by (date): D Mediation completed on (date): (2) Settlement conference E Settlement conference not yet scheduled D Settlement conference scheduled for (date): D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): (3) Neutral evaluation m Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): a Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): (4) Nonbindingjudicia! arbitration D Judicial arbitration not yet scheduled D Judicial arbitration scheduled for (date): D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): (5) Binding private arbitration m Private arbitration not yet scheduled D Private arbitration scheduled for (date): D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): (6) Other (specify): D ADR session not yet scheduled D ADR session scheduled for (date): D Agreed to complete ADR session by (date): a ADR completed on (date): CM-‘I 1 0 [Rem July 1. 201 1] CB ssential ah com 3.; n‘nS‘153’. CASE MANAGEMENT STATEMENT Page 3 ofs 50487.001 CM-1 10 PLAINTIFF/PETITIONER: KAN-DI -KI , LLC d/b/a TRIDENT CARE CASE NUMBER: ' 2 lCV3 8 1 5 4 9 DEFENDANT/RESPONDENT: DYCORA TRANSITIONAL HEALTH - SAN JOSE LLC 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D 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.D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. BifurcationD 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 motionsm The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): Motion for Summary Judgement, per code Request for Court‘s Judgement, per code 16. Discovery a. D The party or parties have completed all discovery. b. m The following discovery will be completed by the date specified (describe all anticipated discovery):m Description Qgtg Plaintiff Depositions per Code Plaintiff Request for Admissions per Code Plaintiff Request for Production per Code Plaintiff Interrogatories per Code c. D The following discovery issues, including issues regarding the discovery of electronicaily stored information, are anticipated (specify): CM-1 1o [Rem Juty 1. 20111 CASE MANAGEMENT STATEMENT Page 4 ofs @EB‘ Essential mam sgéfgflnfi’ 50487.001 CM-1 1O PLAINTIFF/PETITIONER: KAN-DI‘KI, LLC d/b/a TRIDEN’I‘ CARE CASE NUMBER: 2 lCV3 8 l 5 4 9 DEFENDANTIRESPONDENT: DYCORA TRANSITIONAL HEALTH - SAN JOSE LLC 1 7. Economic litigation a. D 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. D 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 tn'al should not apply to this case): 18. Other issuesD 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. D The party or parties have met and conferred with all parties on alt subjects required by rule 3.724 of the California Rules of Court (ifnot, explain): Defendant has not appeared, and its counsel, if any, is unknown . b. After meeting and conferring as required by ru¥e 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): ___________ l 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 wiil 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. Dma 8/6/2021 fl /Mack J. Hilliard % /*~Z v (TYPE OR PRiNT NAME) (SIGNATURE OF PARTY 0R ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY) D Additional signatures are attached. CM-11o [Rem July 1. 20111 CASE MANAGEMENT STATEMENT Page s ofs 'Essential 50487. 001 BROTHERS SMITH LLP ATTORNEYS AT LAW WALNUT CREEK, CA N \OOOQQUI-bm 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, Brooklynn Nabeta, declare: I am a citizen of the United States and employed in Contra Costa County, California. I am over thé age of eighteen years and not a party to the Within-entitled action. My business address is 2033 N. Main Street, Suite 720, Walnut Creek, California 94596. On August 6, 2021, I served a copy of the within document(s): 1. Case Management Statement re: Dycora Transitional Health - San Jose LLC (by mail) on all parties in said action, in accordance With Code of Civil Procedure §1013a(3), by placing a true copy thereof enclosed in a sealed envelope in a designated area for outgoing mail, addressed as set forth below. At Brothers Smith LLP, mail placed in that designated area is given the correct amount ofpostage and is deposited that same day, in the ordinary course of business, in a United States mailbox in the City ofWalnut Creek, California. Service List Julianne Williams Agent for service ofprocess 7475 N. Palm Ave., Ste. 106 Fresno, CA 93711 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 U.S. Postal Service on that same day With postage thereon fi111y prepaid in the ordinary course of business. I am aware that on motion ofthe 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. I declare under penalty 0fperjury under the laws ofthe State of California that the above is true and correct. Executed on August 6, 2021, at Walnut Creek, California /s/Brooklynn Nabeta Brooklynn Nabeta PROOF OF SERVICE