Preview
Electronically Filed
10/20/2022 2:08 PM
Superior Court of California
County of Stanislaus
Clerk of the Court
WENDY C. YORK, SBN 166864 By: Tyler Powers Jones, Deputy
DANIEL P. JAY, SBN 215860
VIRGINIA. L. MARTUCCI, SBN 316296
2 YORK LAW CORPORATION $60.00 PD
1111 Exposition Boulevard, Building 500 $30.00 NOT PD
3 Sacramento, California 95815
Ph: (916) 643-2200
4 Fax: (916) 643-4680
5 Attorneys for Plaintiff LARRY DIGNES (Decedent) by and through his Successors-In-Interest
SHEILA M. LOWE, an individual; LORI M. KIRCHERT, an individual
6
7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 IN AND FOR THE COUNTY OF STANISLAUS
9
LARRY B. DIGNES (Decedent} by and
to through his Successors-In-Interest SHEILA Case No.: CV-20-004057
M. LOWE, an individual; LORI M.
11 KIRCHERT, an individual
PLAINTIFFS' NOTICE OF MOTION
12 Plaintiff, AND MOTION TO LIFT THE STAY
13 AND AN ORDER ALLOCATING
vs.
ARBITRATION COSTS AND FEES TO
14 COVENANT CARE CALIFORNIA, LLC DEFENDANTS OR REMAND THE
dba TURLOCK NURSING AND CASE TO SUPERIOR COURT
15 REHABILITATION CENTER; COVENANT
CARE, LLC, a Delaware Corporation; and Date: November 17, 2022
16 DOES 1 through 50, inclusive Time: 8:30 a.m.
Dept: 24
17 Defendants
Judge: Hon. Sonny S. Sandhu
18
Complaint filed: September 18, 2020
19
20
TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD:
21
YOU ARE HEREBY NOTIFIED THAT on November 17, 2022, at 8:30 a.m., or as
22
soon thereafter as the matter can be heard, in Department 24 of the Stanislaus County Superior
23
Court, located at 801 10th Street, Modesto, California 95354, Plaintiffs LARRY B. DIGNES,
24
SHEILA LOWS, and LORI KIRCHERT will and hereby does move the Court for an Order lifting
25
the Stay and an Order allocating arbitration costs and fees to Defendants or remanding the case
26
back to Superior Court. Alternatively, Plaintiffs seek an Order amending the Court's prior Order
27
compelling arbitration to require Defendants to either pay for arbitration in its entirety or if they
28
{00092348.1} PLAINTIFFS' NOTICE OF MOTION AND MOTION TO LIFT THE STAY AND AN ORDER
ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO
CT TPFR T(1R (''(1T TR T _ 7
refuse, be deemed to have waived arbitration.
2 This motion is made pursuant to Code of Civil Procedure §§ 128, 187, 1281.2, 1281.4,
3 1281, 1281.2, 1281.6, 1281.8, and 1285.
4 This motion is based on this Notice of Motion, the attached Memorandum of Points
5 Authorities, the attached declaration of Virginia L. Martucci and exhibits, the attached deelaratic
6 of Sheila Lowe, the attached declaration of Lori Kirchert, the attached Request for Judicial Notic
7 the pleadings, separate statement, documents, records, consolidated request for judicial notice, a~
8 files in this action, and such oral and documentary evidence as may be presented at the hearing.
9 Pursuant to Local Rule 3.01, the court will make a tentative ruling on the merits of thi
10 matter the court day before the hearing. Tentative rulings can be accessed on the Internet
11 www.stanct.org after 1:30 p.m. If a party does not have access to the Internet, the tentative ruli
12 may be accessed by calling Court Services at (209) 530-3162. If the Court has not directed o
13 argument, a party contesting a tentative ruling must give notice of its intention to appear to
14 other side and the Court no later than 4:00 P.M. on the court day preceding the scheduled heari~
is Appearances may be by telephone (through CourtCall) or in person. You may request a heari
16 on a law and motion matter by calling the calendar line at (209) 530-3162 or the main line at (2(
17 530-3100, prior to 4:00 p.m. or by e-mailing at civil.tentatives@stanct.org. E-mail requests m
18 be made prior to 4:00 p.m. AND confirmed by return e-mail. If you do not receive a confirmat~
19 e-mail from the clerk, you MUST ca11(209) 530-3162 to request your hearing. The tentative rule
20 will automatically become the order of the Court on the scheduled hearing date if the Court l
21 not directed oral argument and if the contesting party fails to timely notice an objection to the ot]
22 side and the Court.
23 Dated: October 20, 2022 YORK L W CO O I(~1
24
Zs By:
WEN C. YORK
26 DANIEL P. JAY
VIRGINIA L. MARTUCCI
27 Attorneys for Plaintiffs
28
{00092348.1} PLAINTIFFS' NOTICE OF MOTION AND MOTION TO LIFT THE STAY AND AN ORDER
ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO
CTTPFRT(1R (''(1TTRT _ 7
COURT: Stanislaus County Superior Court
CASE NO. CV-20-004057
2
CASE NAME: Dignes v. Covenant Care California, LLC, et al.
3
PROOF OF SERVICE
4
I am a citizen of the United States, employed in the County of Sacramento, State of
5 California. My business address is 1111 Exposition Boulevard, Building 500, Sacramento CA
95815. I am over the age of 18 years and not a party to the above-entitled action.
6
I am readily familiar with York Law Corporation's practice for collection and
processing of correspondence for mailing with the United States Postal Service. Pursuant to
8 said practice, each document is placed in an envelope, the envelope is sealed, the appropriate
postage is placed thereon, and the sealed envelope is placed in the office mail receptacle Each
9 day's mail is collected and deposited in a U.S. mailbox at or before the close of each day's
business. (CCP Section 1013a(3) or Fed.R.Civ.P.S(a) and 4.1; USDC (E.D. CA) L.R. 5-
10 135(a).)
11
On October 20, 2022, PLAINTIFFS' NOTICE OF MOTION AND MOTION TO
12 LIFT THE STAY AND AN ORDER ALLOCATING ARBITRATION COSTS AND
FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR COURT, I caused
13 the within, to be served via:
14 XX ELECTRONIC SERVICE: I caused the documents) to be sent to the persons) via
electronic notification as follows: Placed in the United States Mail at Sacramento, California in an
15 envelope with postage thereon fully prepaid addressed as follows:
76
John Supple, Esq.
t7 Robert Deering, Esq.
J. Supple Law
18
990 Fifth Avenue
19 San Rafael, CA 94901
Jsupple(a~jsupplelaw.com
20 rdeerin~4i supplelaw.com
tdan jsupplelaw.com
21 docket jsupplelaw.com
mschroeder~ supplelaw.com
22
23
I declare that I am employed in the office of a member of the bar of this Court at whose
24 direction the service was made and that this Declaration is executed on October 20, 2022 at
Sacramento, California. I declare under penalty of perj under the laws of the Stag of
25 California, that the foregoing is true and correct. ,/
'2~
26 Kristine McFadden
27
28
{00065905.1} Proof Of Service - i
Preview
Electronically Filed 10/20/2022 2:08 PM Superior Court of California County of Stanislaus Clerk of the Court WENDY C. YORK, SBN 166864 By: Tyler Powers Jones, Deputy DANIEL P. JAY, SBN 215860 VIRGINIA. L. MARTUCCI, SBN 316296 2 YORK LAW CORPORATION $60.00 PD 1111 Exposition Boulevard, Building 500 $30.00 NOT PD 3 Sacramento, California 95815 Ph: (916) 643-2200 4 Fax: (916) 643-4680 5 Attorneys for Plaintiff LARRY DIGNES (Decedent) by and through his Successors-In-Interest SHEILA M. LOWE, an individual; LORI M. KIRCHERT, an individual 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF STANISLAUS 9 LARRY B. DIGNES (Decedent} by and to through his Successors-In-Interest SHEILA Case No.: CV-20-004057 M. LOWE, an individual; LORI M. 11 KIRCHERT, an individual PLAINTIFFS' NOTICE OF MOTION 12 Plaintiff, AND MOTION TO LIFT THE STAY 13 AND AN ORDER ALLOCATING vs. ARBITRATION COSTS AND FEES TO 14 COVENANT CARE CALIFORNIA, LLC DEFENDANTS OR REMAND THE dba TURLOCK NURSING AND CASE TO SUPERIOR COURT 15 REHABILITATION CENTER; COVENANT CARE, LLC, a Delaware Corporation; and Date: November 17, 2022 16 DOES 1 through 50, inclusive Time: 8:30 a.m. Dept: 24 17 Defendants Judge: Hon. Sonny S. Sandhu 18 Complaint filed: September 18, 2020 19 20 TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD: 21 YOU ARE HEREBY NOTIFIED THAT on November 17, 2022, at 8:30 a.m., or as 22 soon thereafter as the matter can be heard, in Department 24 of the Stanislaus County Superior 23 Court, located at 801 10th Street, Modesto, California 95354, Plaintiffs LARRY B. DIGNES, 24 SHEILA LOWS, and LORI KIRCHERT will and hereby does move the Court for an Order lifting 25 the Stay and an Order allocating arbitration costs and fees to Defendants or remanding the case 26 back to Superior Court. Alternatively, Plaintiffs seek an Order amending the Court's prior Order 27 compelling arbitration to require Defendants to either pay for arbitration in its entirety or if they 28 {00092348.1} PLAINTIFFS' NOTICE OF MOTION AND MOTION TO LIFT THE STAY AND AN ORDER ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO CT TPFR T(1R (''(1T TR T _ 7 refuse, be deemed to have waived arbitration. 2 This motion is made pursuant to Code of Civil Procedure §§ 128, 187, 1281.2, 1281.4, 3 1281, 1281.2, 1281.6, 1281.8, and 1285. 4 This motion is based on this Notice of Motion, the attached Memorandum of Points 5 Authorities, the attached declaration of Virginia L. Martucci and exhibits, the attached deelaratic 6 of Sheila Lowe, the attached declaration of Lori Kirchert, the attached Request for Judicial Notic 7 the pleadings, separate statement, documents, records, consolidated request for judicial notice, a~ 8 files in this action, and such oral and documentary evidence as may be presented at the hearing. 9 Pursuant to Local Rule 3.01, the court will make a tentative ruling on the merits of thi 10 matter the court day before the hearing. Tentative rulings can be accessed on the Internet 11 www.stanct.org after 1:30 p.m. If a party does not have access to the Internet, the tentative ruli 12 may be accessed by calling Court Services at (209) 530-3162. If the Court has not directed o 13 argument, a party contesting a tentative ruling must give notice of its intention to appear to 14 other side and the Court no later than 4:00 P.M. on the court day preceding the scheduled heari~ is Appearances may be by telephone (through CourtCall) or in person. You may request a heari 16 on a law and motion matter by calling the calendar line at (209) 530-3162 or the main line at (2( 17 530-3100, prior to 4:00 p.m. or by e-mailing at civil.tentatives@stanct.org. E-mail requests m 18 be made prior to 4:00 p.m. AND confirmed by return e-mail. If you do not receive a confirmat~ 19 e-mail from the clerk, you MUST ca11(209) 530-3162 to request your hearing. The tentative rule 20 will automatically become the order of the Court on the scheduled hearing date if the Court l 21 not directed oral argument and if the contesting party fails to timely notice an objection to the ot] 22 side and the Court. 23 Dated: October 20, 2022 YORK L W CO O I(~1 24 Zs By: WEN C. YORK 26 DANIEL P. JAY VIRGINIA L. MARTUCCI 27 Attorneys for Plaintiffs 28 {00092348.1} PLAINTIFFS' NOTICE OF MOTION AND MOTION TO LIFT THE STAY AND AN ORDER ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO CTTPFRT(1R (''(1TTRT _ 7 COURT: Stanislaus County Superior Court CASE NO. CV-20-004057 2 CASE NAME: Dignes v. Covenant Care California, LLC, et al. 3 PROOF OF SERVICE 4 I am a citizen of the United States, employed in the County of Sacramento, State of 5 California. My business address is 1111 Exposition Boulevard, Building 500, Sacramento CA 95815. I am over the age of 18 years and not a party to the above-entitled action. 6 I am readily familiar with York Law Corporation's practice for collection and processing of correspondence for mailing with the United States Postal Service. Pursuant to 8 said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon, and the sealed envelope is placed in the office mail receptacle Each 9 day's mail is collected and deposited in a U.S. mailbox at or before the close of each day's business. (CCP Section 1013a(3) or Fed.R.Civ.P.S(a) and 4.1; USDC (E.D. CA) L.R. 5- 10 135(a).) 11 On October 20, 2022, PLAINTIFFS' NOTICE OF MOTION AND MOTION TO 12 LIFT THE STAY AND AN ORDER ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR COURT, I caused 13 the within, to be served via: 14 XX ELECTRONIC SERVICE: I caused the documents) to be sent to the persons) via electronic notification as follows: Placed in the United States Mail at Sacramento, California in an 15 envelope with postage thereon fully prepaid addressed as follows: 76 John Supple, Esq. t7 Robert Deering, Esq. J. Supple Law 18 990 Fifth Avenue 19 San Rafael, CA 94901 Jsupple(a~jsupplelaw.com 20 rdeerin~4i supplelaw.com tdan jsupplelaw.com 21 docket jsupplelaw.com mschroeder~ supplelaw.com 22 23 I declare that I am employed in the office of a member of the bar of this Court at whose 24 direction the service was made and that this Declaration is executed on October 20, 2022 at Sacramento, California. I declare under penalty of perj under the laws of the Stag of 25 California, that the foregoing is true and correct. ,/ '2~ 26 Kristine McFadden 27 28 {00065905.1} Proof Of Service - i