Preview
Electronically Filed
10/20/2022 2:08 PM
Superior Court of California
County of Stanislaus
Clerk of the Court
By: Tyler Powers Jones, Deputy
1 WENDY C. YORK, SBN 166864
DANIEL JAY, SBN 215860
2 VIRGINIA L. MARTUCCI, SBN 316296
YORK LAW CORPORATION
3
1111 Exposition Blvd., Bldg. 500
4 Sacramento, California 95815
Phone: (916) 643-2200
5 Fax: (916) 643-4680
6 Attorneys for Plaintiff LARRY DIGNES (Decedent) by and through his Successors-In-Interest
SHEILA M. LOWE, an individual; LORI M. KIRCHERT, an individual
7
8
IN THE SUPERIOR COURT OF TI3E STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF STANISLAUS
10
11 LARRY B. DIGNES (Decedent) by and through CASE NO.: CV-20-004057
his Successors-In-Interest SHEILA M. LOWE,
12 an individual; LORI M. KIRCHERT, an
individual DECLARATION OF SHEILA LOWE IN
13 SUPPORT OF MOTION TO LIFT THE
Plaintiff, STAY AND AN ORDER ALLOCATING
14 vs. ARBITRATION COSTS AND FEES TO
15 COVENANT CARE CALIFORNIA, LLC dba DEFENDANTS OR REMAND THE CASE
TURLOCK NURSING AND TO SUPERIOR COURT
16 REHABILITATION CENTER; COVENANT
CARE, LLC, a Delaware Corporation; and
17 DOES 1 through 50, inclusive
18 Defendants. Date: November 17, 2022
Time: 8:30 a.m.
19 Dept: 24
Judge: Hon. Sonny S. Sandhu
20
21 Complaint filed: September 18, 2020
22
23
I, SHEILA LOWE, do hereby declare and say the following:
24
1. I have personal knowledge of the facts stated in this Declaration and, if called,
25
and would competently testify to these facts.
26
2. I am one of the named Plaintiffs in the above-captioned matter, am over the age of 1
27
years old, and am the daughter and successor-in-interest of Decedent LARRY B. DIGNES. I am
28
{00093362.1} DECLARATION OF SHEILA LOWS IN SUPPORT OF MOTION TO LIFT THE STAY AND AN
ORDER ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO
SUPERIOR COURT - 1
ned within my father's adr
1 a party to the dispute resolurion agreement that was contai
have never seen that agreement or
2 agreement to Turlock Nursing and Rehabilitation Center. I
3 it.
me and my sister
4 3. Following my father's death, his assets were distributed by
did not have significant assets. W
5 of probate. We did not gv through probate because my father
I authority and signature power ove
6 dismibuted his assets between our other family members. have
ximately $2,100.00 left in my father'
7 my father's former checking account. There is currently appro
uted to family before the filing of thi
8 checking account. The rest of my father's assets were distrib
9 case.
agent. My total aver
10 4. I own my own business and work as a Farmer's insurance
food, Internet, cell phones, water, sew.
I1 monthly household expenses, including mortgage,
for my daughter, and insurance
12 garbage, gas, entertainment, rent and college tuition
expenses are covered in part by my income,
13 approximately $6,300.00 on average. My household
is not a party to this action. Should the C
14 also covered by my husband's income. My husband
either under seal or in-camera. I do not
15 require, I can provide a household expense breakdown
rion. If arbitration costs $83,150 and my sister and
16 the financial resources to fund a private arbitra
the arbitration fees in addition to my month]
17 are required to pay for half, I could not afford to pay
18 household expenses.
would order the partif
19 '~ 5. Had I known of the arbitration agreement and that the Court
that private arbitration would cost at least $83,150,
20 I~ to arbitrate my father's elder neglect claims and
I may not recover the costs and could even ow
2] would not have pursued this case given the risk that
22 '~ these costs to Defendants.
State of California that the
23 T declare under penalty of perjury under the laws of the
on October 20, 2022 in Turlock, California.
24 ~ is true and correct. This Declaration was executed
_,
25
26 ' i ~~~ ~~.°~-~~~. 71~ ,~ ~zv~
`--' SHEILA LOWS
27
28
RT OF MOTION TO LIFT THE STAY AND AN
{00093362.1} DECLARATION OF SHEILA LOWS IN SUPPO
TO DEFENDANTS OR REMAND TI-iE CASE TO
ORDER ALLOCATING ARBITRATION COSTS AND FEES
SUPERIOR COUR T-2
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
7 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) ar Fed.R.Civ.P.S(a) and 4.1; USDC (E.D. CA) L.R. 5-
to 135(a).)
11
On October 20, 2022, DECLARATION OF SHEILA LOWE IN SUPPORT OF
12 MOTION TO LIFT THE STAY AND AN ORDER ALLOCATING ARBITRATION
COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR
13 COURT, I caused the within, to be served via:
14 XX ELECTRONIC SERVICE: I caused the documents) to be sent to the persons) via
eleCtTon1C nOtlflcatlon as follows: Placed in the United States Mail at Sacramento, California in an
15 envelope with postage thereon fully prepaid addressed as follows:
16
John Supple, Esq.
17 Robert Deering, Esq.
J. Supple Law
t8
990 Fifth Avenue
19 San Rafael, CA 94901
Jsu~~le~ su~plelaw.com
20 rdeerin isupplelaw.com
tdan a~'supplelaw.com
21 docket(a
o jsup~lelaw.com
mschroeder(ce, jsupplelaw.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 per'ury under the laws of the State of
25 California, that the foregoing is true and correct. ~ ~ f ~) ~j~~J ~! ~~
26 McFadden
~~
28
{00065905.1} Proof Of Service - 1
Preview
Electronically Filed 10/20/2022 2:08 PM Superior Court of California County of Stanislaus Clerk of the Court By: Tyler Powers Jones, Deputy 1 WENDY C. YORK, SBN 166864 DANIEL JAY, SBN 215860 2 VIRGINIA L. MARTUCCI, SBN 316296 YORK LAW CORPORATION 3 1111 Exposition Blvd., Bldg. 500 4 Sacramento, California 95815 Phone: (916) 643-2200 5 Fax: (916) 643-4680 6 Attorneys for Plaintiff LARRY DIGNES (Decedent) by and through his Successors-In-Interest SHEILA M. LOWE, an individual; LORI M. KIRCHERT, an individual 7 8 IN THE SUPERIOR COURT OF TI3E STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF STANISLAUS 10 11 LARRY B. DIGNES (Decedent) by and through CASE NO.: CV-20-004057 his Successors-In-Interest SHEILA M. LOWE, 12 an individual; LORI M. KIRCHERT, an individual DECLARATION OF SHEILA LOWE IN 13 SUPPORT OF MOTION TO LIFT THE Plaintiff, STAY AND AN ORDER ALLOCATING 14 vs. ARBITRATION COSTS AND FEES TO 15 COVENANT CARE CALIFORNIA, LLC dba DEFENDANTS OR REMAND THE CASE TURLOCK NURSING AND TO SUPERIOR COURT 16 REHABILITATION CENTER; COVENANT CARE, LLC, a Delaware Corporation; and 17 DOES 1 through 50, inclusive 18 Defendants. Date: November 17, 2022 Time: 8:30 a.m. 19 Dept: 24 Judge: Hon. Sonny S. Sandhu 20 21 Complaint filed: September 18, 2020 22 23 I, SHEILA LOWE, do hereby declare and say the following: 24 1. I have personal knowledge of the facts stated in this Declaration and, if called, 25 and would competently testify to these facts. 26 2. I am one of the named Plaintiffs in the above-captioned matter, am over the age of 1 27 years old, and am the daughter and successor-in-interest of Decedent LARRY B. DIGNES. I am 28 {00093362.1} DECLARATION OF SHEILA LOWS IN SUPPORT OF MOTION TO LIFT THE STAY AND AN ORDER ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR COURT - 1 ned within my father's adr 1 a party to the dispute resolurion agreement that was contai have never seen that agreement or 2 agreement to Turlock Nursing and Rehabilitation Center. I 3 it. me and my sister 4 3. Following my father's death, his assets were distributed by did not have significant assets. W 5 of probate. We did not gv through probate because my father I authority and signature power ove 6 dismibuted his assets between our other family members. have ximately $2,100.00 left in my father' 7 my father's former checking account. There is currently appro uted to family before the filing of thi 8 checking account. The rest of my father's assets were distrib 9 case. agent. My total aver 10 4. I own my own business and work as a Farmer's insurance food, Internet, cell phones, water, sew. I1 monthly household expenses, including mortgage, for my daughter, and insurance 12 garbage, gas, entertainment, rent and college tuition expenses are covered in part by my income, 13 approximately $6,300.00 on average. My household is not a party to this action. Should the C 14 also covered by my husband's income. My husband either under seal or in-camera. I do not 15 require, I can provide a household expense breakdown rion. If arbitration costs $83,150 and my sister and 16 the financial resources to fund a private arbitra the arbitration fees in addition to my month] 17 are required to pay for half, I could not afford to pay 18 household expenses. would order the partif 19 '~ 5. Had I known of the arbitration agreement and that the Court that private arbitration would cost at least $83,150, 20 I~ to arbitrate my father's elder neglect claims and I may not recover the costs and could even ow 2] would not have pursued this case given the risk that 22 '~ these costs to Defendants. State of California that the 23 T declare under penalty of perjury under the laws of the on October 20, 2022 in Turlock, California. 24 ~ is true and correct. This Declaration was executed _, 25 26 ' i ~~~ ~~.°~-~~~. 71~ ,~ ~zv~ `--' SHEILA LOWS 27 28 RT OF MOTION TO LIFT THE STAY AND AN {00093362.1} DECLARATION OF SHEILA LOWS IN SUPPO TO DEFENDANTS OR REMAND TI-iE CASE TO ORDER ALLOCATING ARBITRATION COSTS AND FEES SUPERIOR COUR T-2 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 7 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) ar Fed.R.Civ.P.S(a) and 4.1; USDC (E.D. CA) L.R. 5- to 135(a).) 11 On October 20, 2022, DECLARATION OF SHEILA LOWE IN SUPPORT OF 12 MOTION TO LIFT THE STAY AND AN ORDER ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR 13 COURT, I caused the within, to be served via: 14 XX ELECTRONIC SERVICE: I caused the documents) to be sent to the persons) via eleCtTon1C nOtlflcatlon as follows: Placed in the United States Mail at Sacramento, California in an 15 envelope with postage thereon fully prepaid addressed as follows: 16 John Supple, Esq. 17 Robert Deering, Esq. J. Supple Law t8 990 Fifth Avenue 19 San Rafael, CA 94901 Jsu~~le~ su~plelaw.com 20 rdeerin isupplelaw.com tdan a~'supplelaw.com 21 docket(a o jsup~lelaw.com mschroeder(ce, jsupplelaw.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 per'ury under the laws of the State of 25 California, that the foregoing is true and correct. ~ ~ f ~) ~j~~J ~! ~~ 26 McFadden ~~ 28 {00065905.1} Proof Of Service - 1