Statement Case Management ConferenceCal. Super. - 6th Dist.May 12, 2021ATTORNEY OR PARTY WITHOUT ATTORNEY fns«W. SMN elm«ussr. I«d «sfrlu«f CHRISTOPHER HAPAK, ESQ. (SBN 267212) STEPHENSON, ACQUISTO & COLMAN 303 N. Glenoaks Boulevard, Suite 700, Burbank, CA 91502-3226 TELEPHDNE No (8 1 8) 5594477 Fnx No cppfossd (81 8) 5595484 E.MAIL ADDRESS fOPRF«ff: ATTDRNEY FoR IN«nsf Plaintiff, Stanford Health SUPERIOR COURT OF CAUFORNIA, COUNTY OF Santa Clara-Unlimited Jurisdiction ETREETADDREss. 191 N. First Street MNLINOAODRESS. Same clTYANDzlpcroe San Jose, California 95113 BRA«DR«Me Downtown Courthouse PLAINTIFF/PETITIONER: Stanford Health OEFENOANTJREsr QNUENT: Health Cost Solutions, Inc FOR COURT USE ONLY CM-110 CASE NUMBER: 21CV382334 CASE MANAGEMENT STATEMENT (Check one): ~Y'NLIMITED CASE M LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) of less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 21, 2021 Time: 2:15 Dept.: 7 Div.: Address of court (if diffefenf from the address above): Notice of Intent to Appear by Telephone, by (name)f CHRISTOPHER HAPAK, ESQ. INSTRUCTIONS: Afi applicable boxes must be checked, snd the specified Information must be provided. 1, Party or parties fsnswer one): a. ~ This statement is submitted by party (name): Plaintiff, Stanford Health b. ~ This statement is submitted Jointly by psrfies (nsmss): 2. Complaint and crosswomplaint (to be answered by plaintiffs and cmss-comp/sinsn/s only) a. The complaint was filed on (dare): 5/12/21 FAC 7/14/21 b. ~ The cross-complaint, if any, was filed on (dais): 3. Service (to be snswwed by p/sinliffs snd cross-comp/sinants only) a. EK All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. C3 The following parties named in the complaint or cross-complaint (1) C3 have not been served (speci/y nsmss snd explain why no/): (2) CE have been sewed but have not appeared and have not been dismissed (speci/y names): There was a delay receiving the conformed First Amended Complaint back from the court. (3) ~ have had a default entered against them (specify names): c. C3 The following additional parties may be added (specify nemss, natura ot invoh emenf in case, snd date by which they msy be served): 4. Description of case a. Type of csee in ~F complaint ~ cross-complaint (Dsscnbe, including causes o/ ection): 1. Quantum Meruit; and 2. Breach of Implied-In-Fact Contract Fons Adopted for Msndsl«y Uss Jud«sf coullos ol OBI«ds DM-I 10 F!su July 1. 2011] CASE MANAGEMENT STATEMENT Psgs I sf ~ Csl Rutss d Courf IuNF 3.720-3.730 sww.solids-os.goy Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/2/2021 5:30 PM Reviewed By: System System Case #21CV382334 Envelope: 7197440 21CV382334 Santa Clara - Civil System System CASE NUMBER 21CV382334 Cfifi-110 PLAINTIFF/PETITIONER: Stanford Health DEFENDANT/RESPONDENT Health Cost Solutions, Inc. 4. b. Provide a brief statement of the case, induding any damages. (IIpersonal injury damages are sought, specify the injury snd damages c/aimed, inc/uding medical expenses lo ds/s (indicale source snd amount), estimated future medical expenses, lost earnings Io dale, snd estimated future Iosl earnings. If equilsb/e relief is sought, descnbe lhe nature of the relief.) Plaintiff rendered medicagy 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 $356,265.69, plus interest. (If more space is needed, check this box end s/lech a page designated as A/tacnmenl 4b.) 5. Jury or nonjury trial The parly or parties request C3 a jury trial Z3 a nonjury trial. (I/more than one parly, provide the name of each psrly rsquesl/ng ajury trial): 8. Trial date s. ~ The trial has been set for (dale): b. CG No bial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if nol, explain): c. Dates on which parties or attorneys will not be available for trial (spec//y dates snd explain reasons for unavailability): 7. Estimated length of trial The parly or parties estimate that the trial will take (check one): a. ~ days (specify number): TwO (2) b. ~ hours (short causes) (spec/fy): 8. Trial representation (Io be snswemd 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: CHRISTOPHER HAPAK, ESQ./RICHARD LOVICH, ESQ. b. Firm; Stephenson, Acquisto 8 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 (spec//y code section): 10. Altemagve 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 snd community programs in this case. (1) For parties represented by counsel: Counsel ~v has C3 has not provided the ADR information package idenfilied in rule 3.221 to the client and reviewed ADR options with the dienfi (2) Forself-represented parties: Party H has C3 has not reviewedtheADR information packagsidentifiedinrule3.221. b. Referral to judicial arbitration or civil action mediation (if available). ('I) ~ This matter is subiect 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 fimlt (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 judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): 3.811(b)(8) Amount in controversy exceeds $50,000.00 CM-1 10 IROO. Aar 1, 2011J CASE NIANAGEfifiENT STATEIIENT page 0 Ofs PLAINTIFF/PETITIONER: Stanford Health EFENDANT/RESPONDENT: Health Cost Solutions, Inc. yyUMssyy. CV382334 CM-110 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 specNed informa5on): The party or parties completing If the party or parties completing this form in the case have agreed to this form are wggng to participate in ar have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (slfsch a copy af the parties'DR processes (check all thai apply): stipulation): (1) Mediation CZ3 Mediation session not yet scheduled Mediabon session schedukyd for (dafe): C3 Agreed to complete mediatian by (dste): Mediation completed on (dare); (2) Settlement conference Settlement conference nat yet scheduled Settlement conference scheduled for (dsfe); Agreed to complete seNement conference by (dale): Settlement conference completed an (date): (3) Neutral evaluation Neutral evaluation nat yet scheduled Neutral evaluation scheduled for (dais): Agreed to complete neutral evaluation by (dste): Neutral evaluation completed on (dale): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (dale): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (dste): (5) 8inding private arbitraaon Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (dale): Private arbitration completed on (dale): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (dale): Agreed to complete ADR session by (date): ADR completed on (dste); CM-110 flee. July 1, 201 1I CASE MANAGEMENT STATEMENT Peseeere PLAINTIFFIPETITIONER: Stanford Health oEFENoruvTIREsPDNDENT: Health Cost Solutions, Inc. CASE NUMBER'1CV382334 CM-11Q 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. R ti ofrights: W Y W No c. I Coverage issues will significantl affect resolution of this case (explain). 12. Jurisdlcfion Indicate any matters that may affect the coun's jurisdiction or processing of this case and describe the status. W Bankruptcy W Other (specify): Status: 13. Related cases, consofidatlon, and coordination a, ~ There am companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number. (4) Status: M Additional cases are described in Attachment 13a. b. ~ A motion to ~ consolidate ~ coordinate will be filed by (name party): 14. Bifurcation t 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, snd reason): 15. Other motions M The party or parties expect to file the following motions before trial (specify moving party, type of motion, snd issues): 16. Discovery a. M The party or parties have completed afi discovery. b. ~I The following discovery will be compktted by the date specified (describe sir snticipsfsd discovery): Oescriotion Date Plaintiff Interrogatories Per C.C.P. Request for Production of Documents Per C.C.P. Request for Admissions Per C.C.P. Depositions Per C.C.P. c, ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CMU10 Iivx July E 2011I CASE MANAGEMENT STATEMENT Pxrn ~ M 0 PLAINTIFF/PETITIONER: Stanford Health DEFENDANT/RESPONDENT: Health Cost Solutions, Inc. CASE NUMBER'1CV382334 CM-1 10 17. Economic Iitlgadon a. ~ This is a limited civil case Ii.e., the amount demanded is 825,000 or less) and the economic liflgation procedures in Code of Civil Procedure secuons 90-98 will apply to this case. b, ~ This is a limited civil case and a motion to withdraw the case from the economic litigaaon procedures or for addional discovery will be tiled (i/ checked, explain spsciflca//y why economic lil/gs/ion procedures relating lo discovery or trial should nor apply lo this cess): 18. Other issues~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19, Meetandconfer a. ~ Ths party or parties have met and conferred with all parties on afl subjects required by rule 3.724 of the California Rules of Court (ifnol, exp/ain): Lead counsel of the case is out on leave. b. Afler meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (speci l'y): 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 resoluflon, as well 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 parly where required. Data 9/2/2021 CHRISTOPHER HAPAK, ESQ. ITYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEYI OYPE OR PRINT NAME) ISIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. cu-110 Igev AIT I 10'I II CASE MANAGEMENT STATEMENT Page 0 er 0 PROOF OF SERVICE 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 2 September 2021, I served the foregoing document(s) entitled: PLAINTIFF CASE MANAGEMENT CONFERENCE STATEMENT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 [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 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 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 overnightFederal 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 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 [X] BY ELECTRONIC SERVICE: By emai ling true and correct copies to the persons at the electronic notification address(es) shown on the accompanying service list. The document(s) waslwere served electronically and the transmission was reported as complete and without error. ] 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. ] 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. Executed on 2 September 2021 in Burbank, California. ANGELA DEMERS 25 26 27 28 SERVICE LIST 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Sarah C. Hellmann, Esq. HUSCH BLACKWELL LLP 190 Carondelet Plaza, Suite 600 St. Louis, MO 63105-3433 Direct: 314.480.1920 Fax: 314.480.1505 Sarah.Hellmann jtuschblackwell.corn Jennifer J. Lee, Esq. HUSCH BLACKWELL LLP 1999 Harrison Street Suite 700 Oakland, CA 94612-4704 Direct: 510-768-0633 Mobile: 415-290-2741 Fax: 510-768-0651 Jennifer.Lee huschblackwell.corn Michelle Cheng, Esq. REED SMITH 355 S Grand Avenue, Suite 2900 Los Angeles, CA 90071 mchennQreedsmith.corn 24 25 26 27 28