Statement Case Management Conference

Cal. Super. - 6th Dist.June 4, 2021

ATToRNEY QR PARTY wl THUD T ATToRNEY (Name, stele Ba numoe, snd addmssl 'rbraV. Larn, Esq./S.B.N. 231073 Law Offices of Stephenson, Acquisto 8 Colman, Inc. 303 N. Glenoaks Blvd., Suite 700 Burbank, CA 91502 TELEPHQNE NO 818-559-4477 E-wUL AooREss blam@sacfsm.corn ATTORNEY FOR (Name/. FAX NO.(options//r 818.559 5484 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA BTREETADDREss 191 N. 1st Street MAILING ADDRESS. cITYANDzIPcoDE San Jose, CA 95113 BRANCH NAME'LAINTIFF/PETITIONER, STANFORD HEALTH CARE DEFENDANT/RESPONDENT; COUNTY OF SANTA CLARA, ET AL. FOR COURT UBE ONLY CM-110 CASE MANAGEMENT STATEMENT (Check one): ~ UNLIMITED CASE ~ LINIITED CASE (Amount demanded (Amount demanded is $25,000exceeds $25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 10/1 9/2021 Time: 3:45 PM Dept.: 19Address of court ((f different from the address above): CASE NUMBER 21CV383676 Divx Room: ~ Notice of Intent to Appear by Telephone, by (name); Barbara V. Lam, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.1. Party or parties (answerone): a. ~ This statement is submitted by party (name)( Plainti f, Stanford Health Care b. ~ This statement is submitted jointly by parties (names)( 2. Complaint and crossH:omplaint (to be answered by p/a/nl/ffs and cross-comp/a/nanls only)a. The complaint was filed on (date)( 6/4/2021 b. ~ The cross-complaint, if any, was filed on (date): 3. Service (lo be answered by p/aintiffs and cross-comp/ainants only)a. ~x All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (spec/fy names and exp/ain why no/): (2) ~ have been served but have not appeared and have not been dismissed (specify names)( (3) ~ have had a default entered against them (specify names)( c. ~ The following additional parties may be added (spec/fy names, nature of involvement in case, and the date by whichthey msy be served): 4. Description of case a. Type of case in ~ complaint ~ cross-complaint (Describe, including causes of ac//on):Breach of Written Contract Form Adopted Ior Mandatory Use uudrcml council of Caiforns ~CEB'; aerialscM-110(Re .sePtemoer1,2021I cfaxcomi(0forrnw CASE MANAGEMENT STATEMENT Pads I of 0 Cal. Rules of Court, raise S.NO-S.Nb www.co ns ca do Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/4/2021 2:31 PM Reviewed By: System System Case #21CV383676 Envelope: 7394019 21CV383676 Santa Clara - Civil System System PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT COUNTY OF SANTA CLARA, ET AL. CASE NUMBER 21CI/383676 CM-110 4 b. Provide a brief statement of the case, including any damages. (Ifpersona(injury damages are sought, specifythe injury anddamages claimed, including medical expenses Io date (indicate source and amount), estimated future medical expenses, Iosiearnings to date, and esfimated future lost earnings. If equitable reliefis sought, describe the na!Ure of the relief)Plaintiff provided medically necessary services and supplies to insured of Defendants health plan. Upon completion of treatment,discharge, and demand for said services and supplies, Defendants failed to properly reimburse plaintiff. Defendants caused damagesin an amount to be proven at trial according to proof, but in no event less than $874,661.59.~ (ff more space is needed, check this box and attach a page designated as Attachment 4b.)5. Jury or nonjury trial The party or parties request ~ a jury trial ~ a nonjury trial. (If more than one party, provide the name of each partyrequesting e jury trial): 6. Trial date a. ~ The trial has been set for (date)/ b. ~ No trial date has been set. This case will be readyfor trial within 12 months of the date of the filing of the complaint (Ifnot, explain): c. Dates on which parties or attorneys will not be available for trial (specify dales end exp/ain reasons for unavai/ability):Please see attached. 7. Estimated length of trial The party or parties estimate that the trial will take (check one):a. ~ days (specify number)/ b. ~ hours (short causes) (specify): 8. Trial representation (to be answered for each parfy)The party or parties will be represented at trial ~ by the attorney or party listed in the captiona. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number:e. E-mail address: g. Party represented:~ Additional representation is described in Attachment 8. 9. Preference~ This case is entitled to preference (specify code section): ~ by the following: 10. Alternative dispute resolution (ADRJ 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 Cjghas ~has not provided the ADR information package identifiedin rule 3.221 to the client and reviewed ADR options with the client.(2) For self-represented parties: Party ~has ~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 subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil actionmediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed thestatutory limit.(2) ~ Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code ofCivil Procedure section 1141.11.(3) ~ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil actionmediation under Code of Civil Procedure section 1775 et seq. (speci/y exemption): CM-i 10 IRer. September i, 2021/ gffCEEi'egegikg ceb.corn Bsoffrfe CASE MANAGEMENT STATEMENT Page 2 of 0 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT: COUNTY OF SANTA CLARA, ET AL. CASE NUMBER'1CV383676 CM-110 10. c. Indicate the ADR process or processes that the party or parties are willing to parlicipate in, have agreed to participate in, orhave already participated in (check sri that app/y and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check ail that apply): If the party or parties completing this form in the case have agreed toparticipate in or have already completed an ADR process or processes,indicate the status of the processes (attach a copy of the parties'DR stipulation): (1) Mediation Qg Mediation session not yet scheduled~Mediation session scheduled for (date): ~Agreed to complete mediation by (date)i~Mediation completed on (dale): (2) Settlement conference + Settlement conference not yet scheduled~ SeNlement 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 (data):~ Neutral evaluation completed on (data): (4) Nonbinding judicial arbitration C3 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 arbitration ~ Private arbitration not yet scheduled~ Private arbitration scheduled for (dare): ~Agreed to complete private arbitration by (date):~ Private arbitration completed on (date): (6) Other (specify): ~ADR session not yet scheduled~ADR session scheduled for (date):~Agreed to complete ADR session by (date):~ADR completed on (dale): cM-1 10 IRev. september 1, 2021] ggCEB Sasantiai ceb.cern. (6foffrrtr CASE MANAGEMENT STATEMENT Page 3 of 3 PLAINTIFF/PETITIONER CASE NUMBER CM-110 DEFENDANT/RESPONDENT; COUNTY OF SANTA CLARA, ET AL. 21CV363676 11. Insurance a. ~ Insurance earner, if any, for party filing this statement (name)ib. Reservation of rights: ~ Yes ~ Noc. ~ Coverage issues will significantly affect resolution of this case (exp/Bin)i 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.~ Bankruptcy ~ Other (specify) 1 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 described in Attachment 13a.b. ~ A motion to ~ consolidate ~ coordinate will be filed by (nsme pariy)i 14. Bifurcation~ The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes ofschon (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, snd issues): 16. Discovery a. ~ The parly or parties have completed all discovery.b. Q7 The following discovery will be completed by the date specified (describe sii anticipated discovery):~Part ~Descri tionPlaintiff Form Interrogatories; Special Interro storiesRequest for dmission; Request for roductionof ocuments; and Deposition Date Pursuant to C.C.P. Code c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, areanticipated (specify)i CM-110 IRec September 1. 2D21] BICEB', Esssstisi cstccom '(6Forrss CASE MANAGEMENT STATEMENT peee e of 5 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT)RESPONDENT: COUNTY OF SANTA CLARA, ET AL. CASE NUMBER 21CV383676 CM-'f 10 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 Codeof Civil Procedure sections 90-98 will apply to this case. b. ~ This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additionaldiscovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trialshould not apply to this case): 18. Other issues~ The party or parties request that the following additional matters be considered or determined at the case managementconference (specify)) 19. Meet and confer a. Qg The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules ofCourt (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.iscovery willbe needed to evaluate the 12 separate patient claims involvedin this action as well as toassess the proper ADR option 20. Total number of pages attached (if any): I 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 will possess the authority to enter into stipulations on these issues at the time ofthe case management conference, including the written authority of the party where required.Date. October 4, 2021 BARBARA V LAM, ESQ. (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF PARIY OR ATTORNEY)~ Additional signatures are attached. CM-110 IRee September I, 2021] &CEE),'ess(is( ceh.corn . Hporsw CASE MANAGEMENT STATEMENT PsSe 0 of 0 SHORT TITLE. STANFORD HEALTH CARE VS. COUNTY OF SANTA CLARA dba VALLEY HEALTH PLAN ¹6c CASE NUMBER 21CV383676 11/8/21-11/12/21 Arbi 12/13/21-12/17/21 Arbt Trial; 2/1/22 Trial; 2/7/22- 2/11/22 Arbi 2/22/22-2/25/22 Arbr 3/28/22-4/1/221 Arbr 4/11/22-4/15/22 Arbr 4/25/22-4/28/22 Arbi 5/9/22-5/13/22 Arbi 6/13/22-6/17/22 Arbr 7/18/22- 7/22/22 Arb; 8/1/22-8/5/22 Arbi 8/22/22-8/23/22 Arbr 9/19/22-9/23/22 Arb; 9/26/22-9/30/22 Arbr 10/3/22-10/7/22 Arbr 10/25/22-10/28/22 Arbr 11/7/22- 11/11/22 Arbr 12/5/22-12/9/22 Trial; 2/6/23-2/10/23 Arbr 2/13/23-2/17/23 Arbi 3/20/23-3/24/23 Arb; 5/15/23-5/19/23 Arbr 8/21/23-8/25/23 10 12 13 14 15 17 18 20 21 22 23 24 26 26 27 (Required for perified pteadihgJ The items on this page stated on information and belief (specify item numbers, not bnenumbersj: This page may be used with any Judicial Council form or any other paper filed with this court. pa e 6P gFu Appoedayltl J ddalC olofC ifo 0 MC-020 IN Jeaoan1,198n opti *1 FN ADDITIONAL PAGEAttach to Judicial Council Form or Other Court Paper SotuttinIJS (eb. Plus PROOF OF SERVICE I am employed in the county ofLos Angeles, State of Californi. 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 4 October 2021, I served the foregoing document(s) entitled: CASE MANAGEMENT STATEMENT 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 25 26 27 28 BY U.S. 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 ofbusiness. 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 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 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 EXPRESS MAIL: I caused such envelope(s), with postage thereon fully prepaid and addressed to the party(s) shown above, to be deposited in a facility operated by the U.S. Postal Service and regularly maintained for the receipt of Express Mail on the aforementioned date. [C.C.P. 1013(c)] BY TELECOPIER: Service was effected on all parties at approximately6:30 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 aTransmission Report produced by the machine indicating the documents hadbeen transmitted completely and without error. C.R.C. 2008(e), Cal. Civ.Proc. Code $ 1013(e). [ 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 ] State: I declare under penalty of perjury 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 4 October 2021 in Burbank, California. 10 12 13 14 AIDA GRIGORIAN 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST James R. Williams, Esq. Bryan K. Anderson, Esq. Office of the County Counsel 70 W. Hedding Street, East Wing, 9'" Floor San Jose, CA 95110 10 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 \OOOQOUIAUJNr-a 11 18 . il s, s . r . nders n, s . ffi ount ounsel . eddi t et ast ing, th ,