case management statement

Cal. Super. - 1st Dist.July 15, 2021

Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY David F. Mastan, Esq. (SBN 152109) LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. 303 N. Glenoaks Blvd., Suite 700 Burbank, CA 91502 TELEPHONE NO.: (818) 559-4477 FAX NO. (Optional): (818) 559-5484 E-MAIL ADDRESS (Optional): dmastan@sacfirm.com ATTORNEY FOR (Name): Defendant THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, et.al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street MAILING ADDRESS: CITY AND ZIP CODE: San Francisco, CA 94102 BRANCH NAME: CIVIC CENTER COURTHOUSE PLAINTIFF/PETITIONER: CAROLYN MCCONE DEFENDANT/RESPONDENT: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, et. al. CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: CGC-20-582198 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 28, 2021 Time: 10:30 a.m. Dept.: 610 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): David F. Mastan, Esq. (Attorney for Defendant) 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): THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, et. al. b. 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. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. 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 (specify names and explain why not): (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 (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): The causes of action asserted against Defendant Allstate are breach of written contract, breach of implied covenant of good faith and fair dealing, accounting, unfair competition and business practices, promissory estoppel, and concealment. The causes of action asserted against Defendant The Regents, et al. are accounting and conversion. The case concerns medical treatment obtained by Plaintiff in 2017. ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 07/13/2021 Clerk of the Court BY: EDWARD SANTOS Deputy Clerk CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 PLAINTIFF/PETITIONER: CAROLYN MCCONE CASE NUMBER: CGC-20-582198 DEFENDANT/RESPONDENT: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, et. al. 4. b. Provide a brief statement of the case, including any damages. (If personal 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 asserts that Allstate was supposed to pay $561,033.06 to Plaintiff due to a policy provision that allegedly provides for this, that Allstate did not pay, that The Regents, et al. was paid by Allstate and another payor, but kept all monies. Defendants dispute that any provision provides for payment to Plaintiff for medical care received and The Regents disputes that The Regents were paid by a payor other than Allstate. (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 request a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. 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): January 11-12, 2022 (arbitration); January 18-19, 2022 (arbitration); January 24-June 24, 2022 (multiple arbitrations/trials on all dates); June 13 -30, 2022 (multiple arbitrations); July 11 - 29, 2022 (multiple arbitrations); August 1-12, 2022 (multiple arbitrations); August 22-24, 2022 (arbitration); August 29-Sept. 1, 2022 (arbitration); September 12-30, 2022 (multiple arbitrations); Oct. 3-7, 2022 (arbitration); Nov. 7-18, 2022 (multiple arbitrations); November 28 -Dec. 2, 2022 (arbitration); Dec. 12-16, 2022 (arbitration). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5-10 b. 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 by the following: a. 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): 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 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 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 action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIONER: CAROLYN MCCONE CASE NUMBER: CGC-20-582198 DEFENDANT/RESPONDENT: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, et. al. 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 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 arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): 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 (date): CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 PLAINTIFF/PETITIONER: CAROLYN MCCONE CASE NUMBER: CGC-20-582198 DEFENDANT/RESPONDENT: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, et. al. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. 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. Bankruptcy Other (specify): 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 wiII 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): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendants intend to move for summary judgment. 16. Discovery a. The party or parties have completed all discovery. b The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff, Defendants Form Interrogatories Per C.C.P. Plaintiff, Defendants Special Interrogatories Per C.C.P. Plaintiff, Defendants Requests for Admission Per C.C.P. Plaintiff, Defendants Requests for Production of Documents Per C.C.P. Plaintiff, Defendants Deposition Per C.C.P. c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): The parties anticipate that discovery will involve the production of confidential health information necessitating the entry of a confidentiality stipulation and order. CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 PLAINTIFF/PETITIONER: CAROLYN MCCONE CASE NUMBER: CGC-20-582198 DEFENDANT/RESPONDENT: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, et. al.. 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 Code of 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 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 issues 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 (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 of the case management conference, including the written authority of the party where required. Date: July 13, 2021 David F. Mastan, Esq  (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)  (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. p o s c m - 1 - C O M P L A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 13 July 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. [ ] 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 of business. I am aware that on motion of the party served, service is presumed invalid if postal 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 overnight Federal 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 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). p o s c m - 2 - C O M P L A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [ 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. Executed on 13 July 2021 in Burbank, California. LORENA BENCOMO lbencomo@sacfirm.com SERVICE LIST John C. McCaslin, Esq. Law Office of John C. McCaslin 11335 Gold Express Drive, Suite 125 Gold River, CA 95670-6309 (916) 330-4147 john@johnmccaslinlaw.com Jeffry Butler, Esq. Elizabeth Papay, Esq. Dentons US LLP One Market Plaza, Spear Tower, 24th Floor San Francisco, CA 94105 (415) 267-4000 jeffry.butler@dentons.com elizabeth.papay@dentons.com