Statement Case Management ConferenceCal. Super. - 6th Dist.May 25, 202121 CV382953 Santa Clara - Civil fiMmstem ABTgrObRgrE; E: m’REYSVaIITgoBU"; A£32R0N7Eg (Name, State Bar number, and address): FOR COURT USE ONLY Law Offices of Stephenson, Acquisto & Colman E'ectronicany Filed 303 N. Glenoaks Boulevard, Suite 700 . Burbank, CA 91502-3226 by SUPer'Or 00"” 0f CA, County of Santa Clara, TELEPHONENO: 818-559-4477 FAx N0.(0pzionao.- 818-559-5484 on 9/20/2021 5:05 PM E.MAIL ADDRESS: blam@sacfirm.com Reviewed By: System syStem ATTORNEY FOR (Name): Plaintiff, Stanford Health Care Case #21 CV382953 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA-UNLIMITED Envelope_ 7302387 STREETADDRESS: 191 N. First Street MAILING ADDRESS: same CITYAND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: DOWNTOWN COURTHOUSE PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT: CALIFORNIA PHYSICIANS’ SERVICE, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE E LIMITED CASE 21CV382953 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 10/5/2021 Time: 3:00 PM Dept: D20 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Barbara Lam, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): Stanford Health Care 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): 5/25/2021 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E A|| 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): Stipulation to extend responsive pleading to September 30, 2021. (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in E complaint E cross-complaint (Describe, including causes of action): 1. Breach of Oral Contract; 2. Breach of Implied-In-Fact Contract; and Quantum Meruit. Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEM ENT STATEMENT CiieRsuééizngfuyg Judicial Council of Califomia CM-1 1 0 [Rev. September 1, 2021] www.oaurts.ca.gov CM-110 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE CASE NUMBER: DEFENDANT/RESPONDENT: CALIFORNIA PHYSICIANS' SERVICE, et aI. 21 CV382953 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.) Plaintiff rendered medically necessary services and supplies to Defendants' insureds. Upon demand for payment for said services, Defendants' failed to pay and/or have underpaid the claims. Plaintiff has been damaged in the amount of $3,240,352.75 plus interest. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties requestE a jury trial E a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. E No trial date has been set. This case will be ready for trial within 12 months ofthe 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): Dates available in the year 2024. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 5 Days b- E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial E by the attorney or party listed in the caption E by the following: a. Attorney: Karlene Rogers-Aberman, Esq. b. Firm: Law Offices of Stephenson, Acquisto & Colman c. Address: 303 North Glenoaks Boulevard, Suite 700, Burbank, CA 91502-3226 d. Telephone number: 818-559-4477 f. Fax number: 818-559-5484 e. E-mail address. kaberman@sacfirm.com g. Party represented: Plaintiff Stanford Health CareE 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel E 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 self-represented parties: Party E has E has not reviewed the ADR information package identified in rule 3.221. b. Referral tojudicial 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)E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): 3.81 1 (b)(8) Amount in controversy exceeds $50,000.00 CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 °f5 CM-110 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE CASE NUMBER: DEFENDANT/RESPONDENT: CALIFORNIA PHYSICIANS' SERVICE, et aI. 21CV382953 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 E E Mediation session not yet scheduledE Mediation session scheduled for (date):E Agreed to complete mediation by (date):E Mediation completed on (date): (2) Settlement conference E E Settlement conference not yet scheduledE Settlement conference scheduled for(date):E Agreed to complete settlement conference by(date):E Settlement conference completed on (date): (3) Neutral evaluation E E Neutral evaluation not yet scheduledE Neutral evaluation scheduled for (date):E Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): (4) Nonbinding judicial E arbitration E Judicial arbitration not yet scheduledE Judicial arbitration scheduled for (date):E Agreed to complete judicial arbitration by (date):E Judicial arbitration completed on (date): (5) Binding private E arbitration E Private arbitration not yet scheduledE Private arbitration scheduled for (date):E Agreed to complete private arbitration by (date):E Private arbitration completed on (date): (6) Other (specify): E E ADR session not yet scheduledE ADR session scheduled for (date):E Agreed to complete ADR session by (date):E ADR completed on (date): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 °f5 CM-110 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE CASE NUMBER; DEFENDANT/RESPONDENT: CALIFORNIA PHYSICIANS' SERVICE, et aI. 21 CV382953 11. Insurance a. E 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. BifurcationE 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 motions E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Request for Production of Documents Per C.C.P. Request for Admissions Per C.C.P. Interrogatories Per C.C.P. Depositions Per C.C.P. c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4°f5 CM-110 CASE NUMBER:PLAINTIFF/PETITIONER: STANFORD HEALTH CARE 21 CV382953DEFENDANT/RESPONDENT: CALIFORNIA PHYSICIANS’ SERVICE, 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 wi|| 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. E 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. E After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): the parties have been in discussions to narrow down the issue as well as the number of claims that should be filed in this matter. The parties are preparing a further stipulation and proposed order regarding continuing defendant’s deadline to respond to the complaint. 20. Total number of pages attached (if any): 0 | 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§LGNATt'Ifi"EF0F PARTY 0R ATTORNEY) Date: September 20, 2021 Barbara V. Larn ’ (TYPE 0R PRINT NAME) E Additional signatures are attached. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Page 5 of 5CM“ [“6“ sep‘embe' 1' 2°21] CASE MANAGEMENT STATEMENT For your protection and privacy, please press the Clear This Form button after you have printed the form. l Print this form I I save this form I _| GOOQQUl-RUJNr-ik NNNNNNNNNr-dr-dr-dr-Ar-Ar-Ar-Ar-AHH OOQQU‘I-hUJNF-‘OKOOOQQU‘I-RUJNHO PROOF OF SERVICE I am employed in the county of Los Angeles, State 0f 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 20 [] [] September 2021, I served the foregoing document(s) entitled: PLAINTIFF’S CASE MANAGEMENT CONFERENCE 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 0f 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 0f business. I am aware that on motion 0f the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date 0f 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) t0 be served by personally delivering a true copy thereof t0 the individuals identified above. [C.C.P. 101 1(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) t0 the facsimile machine number(s) shown above. Transmission t0 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(6), Cal. CiV. Proc. Code § 1013(6). 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 0n the aforementioned date. [C.C.P. 1013(0) 1013(d)] GOOQQUl-RUJNr-ik NNNNNNNNNr-dr-dr-dr-Ar-Ar-Ar-Ar-AHH OOQQU‘I-hUJNF-‘OKOOOQQU‘I-RUJNHO [X] [ ] [X] [ ] Executed 0n 20 September 2021 in Burbank, California. BY ELECTRONIC SERVICE: By emailing true and correct copies to the persons at the electronic notification address(es) shown 0n the accompanying service list. The document(s) was/were served electronically and the transmission was reported as complete and Without error. BY ELECTRONIC SERVICE [BY COURT]: by causing the foregoing document(s) t0 be electronically filed using the Court’s Electronic Filing System Which constitutes service 0f the filed document(s) at the electronic service address 0f the individua1(s) listed on the attached mailing list. State: I declare under penalty of perjury under the laws 0f the State 0f California that the above is true and correct. Federal: I declare that I am employed in the office 0f a member 0f the bar 0f this court at Whose direction the service was made. WWW ANGELA DEMERS GOOQQUI-RUJNH NNNNNNNNNr-tr-tr-tr-r-tr-Ar-Hr-r-A OOQQUI-bUJNF-‘OKDOOQO‘NUl-bUJNP-‘O SERVICE LIST AMANDA L. MORAN, ESQ. SEAN A. NEWLAND, ESQ. DLA PIPER, LLP. 555 Mission Street, Suite 2400 San Francisco, CA 94105 amanda.m0rgan@us.dlapiper.com scannewland @us.d1apiper.com CHARLES W. SWEERIS, ESQ. DLA PIPER, LLP 444 West Lake Street, Suite 900 Chicago, Illinois 60606 Charles.sweeris@us.dlapiper.c0m