Legal Document: Alicia Rodriguez vs Hot Springs Medical Surgical Group et al

On August 27, 2021 a 2022.04.21 Defendant CMS was filed involving a dispute between Rodriguez, Alicia, and Associated Hand Surgeons, Cold Springs Medical Surgical Group, Hot Springs Medical Surgical Group, for Unlimited Other Employment (15) in the District Court of Santa Barbara County.

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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

Rafael Gonzalez 210202; Christina Behrman 313226
MULLEN & HENZELL L.L.P.
112 E. Victoria Street
Santa Barbara, CA 93101
TELEPHONE NO.: (805) 966-1501 (805)
FAX NO.(Optional): 966-9204
rgonzalez@mullenlaw.com;
E-MAIL ADDRESS: cbehrman@mullenlaw.com
Defendant Hot Springs Medical Surgical Group dba Associated Had Surgeons
ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Barbara
STREET ADDRESS: 1100 Anacapa St
MAILING ADDRESS:

CITY AND ZIP CODE:Santa Barbara, CA 93101
BRANCH NAME: Anacapa Division
PLAINTIFF/PETITIONER: Alicia Rodriguez
DEFENDANT/RESPONDENT: Cold Springs Medical Surgical Group LLC,
et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:

(Check one): X UNLIMITED CASE  LIMITED CASE 21CV03457
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 6, 2022 Time: 8:30 am Dept.: 4 Div.: Room:
Address of court (if different from the address above):

X Notice of Intent to Appear by Telephone, by (name): Christina Behrman
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.

1. Party or parties (answer one):
a. X This statement is submitted by party (name): Defendant Hot Springs Medical Surgical Group dba Associated
b.  This statement is submitted jointlyby parties (names): Hand Surgeons

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 the date by which
they may be served):

4. Description of case
a. Type of case in X complaint  cross-complaint (Describe, including causes of action):
Plaintiff's complaint for Damages includes discrimination,
retaliation, wrongful termination, defamation, violations of the
California Labor Code, and unfair business practices.
Page 1 of 5

Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of California rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Alicia Rodriguez CASE NUMBER:

21CV03457
DEFENDANT/RESPONDENT: Cold Springs Medical Surgical Group LLC,
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.)
Defendant denies all allegations.

 (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 trial X 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. X 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. X 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 X 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 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 X 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 of 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 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
PLAINTIFF/PETITIONER: Alicia Rodriguez CASE NUMBER:

21CV03457
DEFENDANT/RESPONDENT: Cold Springs Medical Surgical Group LLC,
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 If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): stipulation):

X Mediation session not yet scheduled

(1) Mediation X  Mediation session scheduled for (date):
 Agreed to complete mediation by (date):
 Mediation completed on (date):

X Settlement conference not yet scheduled

(2) Settlement
X  Settlement conference scheduled for (date):
conference
 Agreed to complete settlement conference by (date):
 Settlement conference completed on (date):

 Neutral evaluation not yet scheduled
(3) Neutral evaluation   Neutral evaluation scheduled for (date):
 Agreed to complete neutral evaluation by (date):
 Neutral evaluation completed on (date):

 Judicial arbitration not yet scheduled
(4) Nonbinding judicial   Judicial arbitration scheduled for (date):
arbitration
 Agreed to complete judicial arbitration by (date):
 Judicial arbitration completed on (date):

 Private arbitration not yet scheduled
(5) Binding private   Private arbitration scheduled for (date):
arbitration
 Agreed to complete private arbitration by (date):
 Private arbitration completed on (date):

 ADR session not yet scheduled
(6) Other (specify):   ADR session scheduled for (date):
 Agreed to complete ADR session by (date):
 ADR completed on (date):

CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5
CM-110
PLAINTIFF/PETITIONER: Alicia Rodriguez CASE NUMBER:

21CV03457
DEFENDANT/RESPONDENT: Cold Springs Medical Surgical Group LLC,
et al.
11. Insurance
a.  Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights:  Yes  No
c.  Coverage issues willsignificantly
affectresolution 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 will 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
X The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendant may file a motion for summary judgment and/or adjudication.

16. Discovery
a.  The party or parties have completed all discovery.
b. X The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Written Discovery Per Code
Defendant Depositions Per Code
Defendant Expert Discovery Per Code

c.  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 of 5
CM-110
PLAINTIFF/PETITIONER: Alicia Rodriguez CASE NUMBER:

21CV03457
DEFENDANT/RESPONDENT: Cold Springs Medical Surgical Group LLC,
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. X 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): 2 (POS)
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: April 21, 2022

Christina M. Behrman
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)

(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)

 Additional signatures are attached.

CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5
1 PROOF OF SERVICE
(Code Civ. Proc. §§ 1013a & 2015.5)
2

3 I am employed in the County of Santa Barbara, State of California. I am over 18 years

4 of age and not a party to the within action. My business address is 112 East Victoria Street,

5 Santa Barbara, California 93101.

6 On April 21, 2022, I caused to be served CASE MANAGEMENT STATEMENT on

7 the interested party(ies) in this action, addressed as follows:

8
Service List Attached
9

10
BY MAIL: I am readily familiar with the Mullen & Henzell L.L.P. practice for
11 collection and processing of correspondence for mailing with the United States Postal
Service (USPS). The correspondence indicated above would be deposited with the
12 USPS the same date as this declaration in the ordinary course of business. The
correspondence was placed for deposit with the USPS at the offices of Mullen &
13 Henzell L.L.P., 112 East Victoria Street, Santa Barbara, California. The envelope(s)
was/were sealed with postage fully prepaid on this date and placed for collection and
14 mailing following ordinary business practices and addressed as indicated above.
15
BY FEDERAL EXPRESS (FedEx) / UNITED PARCEL SERVICE (UPS) / OTHER
16 (Specify) OVERNIGHT DELIVERY: I left the above-referenced document(s) for
delivery at a FedEx / UPS / Other (Specify) drop off location in a sealed envelope
17 addressed as indicated above, with fees for delivery fully prepaid.

18 BY ELECTRONIC SERVICE: I caused the above-referenced document(s) to be
electronically served to the parties at the addresses indicated above.
19
BY PERSONAL SERVICE: I caused the above-referenced document(s) to be hand
20 delivered to the party(ies) at the address(es) indicated above.

21
I declare under penalty of perjury under the laws of the State of California that the
22
foregoing is true and correct, and that this declaration was executed on April 21, 2022, at
23
Santa Barbara, California.
24

25 Alexandra Moynihan

Rodriguez v. Cold Springs Medical Surgical Group LLC, et al.
Case No. 21CV03457
SERVICE LIST
1

2
ATTORNEY(S) FOR PLAINTIFF(S):
3
CHRISTINE M. ADAMS, ESQ.
4 ADAMS LAW
351 PASEO NUEVO, FLOOR 2
5 SANTA BARBARA, CA 93101
TEL: (805) 845-9630
6 FAX: (805) 845-9634
EMAIL: CHRISTINE@ADAMSEMPLOYMENTLAW.COM
7 SUPPORT@ADAMSEMPLOYMENTLAW.COM

8
9

10
4827-7891-7884, v. 1
11

Rodriguez v. Cold Springs Medical Surgical Group LLC, et al.
Case No. 21CV03457

Case Info

Judge

Geck, Donna D Track Judge’s New Case

Case No.

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Document Filed Date

April 21, 2022

Case Filing Date

August 27, 2021

County

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