Preview
CM-110
ATTDRNEY oR PARTY wlTHQUT ATTCRNEY (Name, slate Barn macr, and address(. FOR COURT USE ONL Y
Wendy C. York, SBN 166864/Virginia Martucci,SBN 316296
York Law Corporation
1111 Exposition Boulevard Electronically Filed
Building 500 4/19/2023 8:12 AM
Sacramento, CA 95815
TELEPHONE NO 916-643-2200 FAR ND.(opdones. 916-643-4680 Superior Court of California
E-MAILADDREsS (opoonali: County of Stanislaus
ATTIIRNFY FOR rain Clerk of the Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaua By: Angela Mesa, Deputy
BTREETADDREBBI 801 10th Street
MAILING
ADDRESS'ITYANDzIPGDDE'Modesto,
CA 95354
BRANCH
NAME'LAINTIFF(PETITIONER;Larry B. Dignes, et al.
DEFENDANT/RESPONDENT Covenant Care California, LLC, et al.
CASE NUMBER;
(Check one)i ~X
CASE MANAGEMENT STATEMENT
UNLIMITED CASE
(Amount demanded
~ LIMITED CASE
(Amount demanded is $ 25,000
exceeds $ 25,000) orless) CV-20-004057
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 8, 2023 Time:8130 a.ID. Dept.: 24 Dive Room:
Address of court (if different from the address above):
~x Notice of Intent to Appear by Telephone, by (nsme)( Virginia Martucci
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
This statement is submitted by party (name):Plaint i f f s, Larry B. Dignes, et al.
a. ~x
b. ~ This statement is submitted jointly by partes (names):
2. Complaint and cross-complaint (lo be answered by plaintiffs and cross-complainan(s only)
The complaint was filed on (da(e): September 18, 2020
a.
b. ~ The cross-complaint, if any, was filed on (da(e)(
3. Service (lo be answered by plaintiffs and cross-complalnants 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 (specify names and explain why nol):
(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 involvemenl in case, and date by which
they may be served):
4. Description of case
a. Type of case in ~X ~ complaint cross-complaint
Negligence; Elder Abuse/Neglect; Negligent Misrepresentation; Negligent Hiring,
(Descnbe, including causes of action):
Training and Retention; Violation of Patient's Bill of Rights; Wrongful Death.
Paa I MS
Form Adopted for Marte tory Use Cal. Rules of Coutt,
Judt oat Coons of Cat fo n a
I
CASE MANAGEMENT STATEMENT rules 3.220-3 730
CM.110 IReu. July I, 20111
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT
"» ' g""
Covenant Care California, LLC, et al.
CASE NUMBER
CM-110
CV-20-004057
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 msd/ce/ expenses to date (indica/s source and amount), estimated fu/ure medical expenses, /ost
earnings to dale, and ss/ima/ed future lost earnings. If equi/ab/e relief is sought, describe the nature of the relief)
This elder/neglect case arises from Defendants'ailures to supervise, manage,
support, operate and properly staff and train their Turlock Nursing & Rehabilitation
Center facility. As a result of Defendants'eglect, Decedent LARRY B. DIGNES
contracted C. Difficile infection, from which he died.
(If more space is needed, check Ibis box and e/tach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request
requesting ajury Iris/):
~X a jury trial ~ a nonjury trial. (If more than one party, provide the name of each party
6. Trial date
a.
b.
~
~X
The trial has been set for (dete):
No trial date has been set. This case will be ready for tnal within 12 months of the date of the filing of the complaint (i/
not, exp/ain):
c. Dates on which oarties or beattornevs will not available for tnal dates and explain reasons for unavai/abi/ity):
3/14/23, 9/5/23, 10/9/23, 10/17/23, 10/24/23,(specify
2/20/24, 4/8/24 and 5/28/24 are dates
that counsel will be in trial in other matters.
7. Estimated length of trial
The party or parties estimate that the tdial will take (check one):
a. ~X days(spscifynumber): 15-20
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 M by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
~
e. E-mail address:
Additional representation is described in Attachment 8.
g. Party represented;
~
9. Preference
This case is entitled to preference (spec/fy 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 counset Counsel ~ has ~X 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) ~X This case is exempt from judiaal 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): The amount exceeds
the jurisdictional limit.
CM-110 [Rev. July I, 20111 Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
3EFENDANT/RESPONDENT; Covenanr Care California, LLC, ec a 1.
CV-20 004057
—
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 a/I that apply and provide the specified informalion);
The party or parties completing Ifthe 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): sllpulalionj:
Mediation session not yet scheduled
Mediation session scheduled for (dale):
(1) Mediation
Agreed to complete mediation by (dale):
Ox Mediation completed on (date); Iuiarch 20, 2023
Dx Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference Dx
Agreed to complete settlement conference by (date):
Settlement conference completed on (dale):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (dale):
Neutral evaluation completed on (dale):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (dale):
(4) Nonbinding judicial
arbitration Agreed to complete judicial arbitration by (dale)r
Judicial arbitration completed on (dale):
Private arbitration not yet scheduled
Private arbitration scheduled for (date)r
(5) Binding private
arbitration Agreed to complete private arbitration by (dale)r
Private arbitration completed on (dale):
ADR session not yet scheduled
ADR session scheduled for (dale):
(6) Other (specify)
Agreed to complete ADR session by (dale):
ADR completed on (date):
CM-110 IReu July 1, 20n) 1 ege S ur 0
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER.
DEFENDANTiRESFQNDENTJCovenant Care California, LLC, et al,
CV — 20 — 004057
Insurance
a. ~ ~ ~
Insurance carrier, if any, for party filing this statement (nsme):
b.
c. ~
Reservation of rights: Yes No
Coverage issues will significantly affect resolution of this case(explain)i
12. Jurisdiction
Indicate any matters that may affect the courl's jurisdiction or processing of this case and describe the status.
~ Bankruptcy
Status:
~
Other (specify):
a. ~
13. Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
M
Additional cases are described in Attachment 13a.
b. H A motion to ~ consolidate ~ coordinate will be filed by (nsme 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):
Plaintiffs willbe renewing the motion to remand or allocate fees because Nr.
Dignes'state has less than 53,000 avaialable and cannot afford arbitration.
Prusuant the Court's December 2022 Order, the parties compelted mediation, which
did not result in settlement.
16 Discovery
a. ~
The party or parties have completed all discovery.
b. ~X The following discovery will be completed by the date specified (describe ail aniicipaled discovery)i
~Part Descriotion Date
Plaintiffs Form Rags., Spec. Rogs., RFPDs and 4/2023
RFAs
Plaintiffs Depositions 5/2023
Plaintiffs Expert Discovery Per Code
c. ~X The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify)i
Discovery has not occurred because this case has been pending with the arbitrator for
nearly two years. Plaintiffs served set one of written discovery on Defendants, which
has been stayed since being referred to arbitration because of the dispute over
payment of the arbitrator's fees, which Decedent Larry Dignes cannot afford.
CM 110 lacy. July 1, 201II Reve e ui0
CASE MANAGEMENT STATEMENT
CM-110
PIAINTIFF/PETITIONER: Larry CASE NUMBER
DEFENDANT)RE8PO(UDENTI Covenant Care California, LLC, et al.
CV-20 004057
—
Economic litigation
17.
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 fitigalion procedures relating Io discovery or trial
should nof apply fo this case):
18. Otherissues
~)( The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
Plaintiffs will be renewing the motion to remand or allocate fees because Mr.
Dignes'state has less than $ 3,000 avaialable and cannot afford arbitration.
Prusuant the Court's December 2022 Order, the parties compelted mediation, which
did not result in settlement.
19. Meet
a. ~ and confer
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):
Iam 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 I e time of
the case management conference, including the written authority of the party wh
Date; April 19, 2023
Virqinia Nartucci
(TYPE OR PRINT NAME) (SIGN A5URE OF PARTY OR ATTORNEY)
L/
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 IReu July 1,2011( Page 5u(5
CASE MANAGEMENT STATEMENT
COURT: Stanislaus County Superior Court
CASE NO. CV-20-004057
CASE NAME: Dignes v. Covenant Care California, LLC, et al.
PROOF OF SERVICE
I am a citizen of the United States, employed in the County of Sacramento, State of
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 oAice mail receptacle. Each
day's mail is collected and deposited in a U.S. mailbox at or before the close of each day'
business. (CCP Section 1013a(3) or Fed.R.Civ.P.5(a) and 4.1; USDC (E.D. CA) L.R. 5-
135(a).)
11
On April 19, 2023, I caused the within, PLAINTIFFS'ASE MANAGEMENT
12 CONFERENCE STATEMENT, I caused the within, to be served via:
13 XX ELECTRONIC SERVICE: Based on a Court order or on an agreement by the parties tc
accept service by e-mail or electronic transmission, I caused the document described
14 above to be sent from e-mail my address (vmartucci vorklawfirm.net) to the persons at
the e-mail address(es) listed below.
15
16
John Supple, Esq.
Robert Deering, Esq.
17 J. Supple Law
990 Fifth Avenue
San Rafael, CA 94901
JsunuleRi supplelaw.corn
19
rdeerinu i sunulelaw.corn
20
tdanu(Risunnlelaw.corn
docket@isuoulelaw.corn
21 mschroederQ i suoolelaw.corn
22
I declare that I am employed in the office of a member of the bar of this Court at whose
23 direction the service was made and that this Declaration is executed on April 19, 2023, at
Sacramento, California. I declare under penalty of perjury under the laws of the State of
24
California, that the foregoing is true and correct.
25
26
vfr i(.Mvr
27
28
(00065905.1} Proof Of Service —
1
Preview
CM-110 ATTDRNEY oR PARTY wlTHQUT ATTCRNEY (Name, slate Barn macr, and address(. FOR COURT USE ONL Y Wendy C. York, SBN 166864/Virginia Martucci,SBN 316296 York Law Corporation 1111 Exposition Boulevard Electronically Filed Building 500 4/19/2023 8:12 AM Sacramento, CA 95815 TELEPHONE NO 916-643-2200 FAR ND.(opdones. 916-643-4680 Superior Court of California E-MAILADDREsS (opoonali: County of Stanislaus ATTIIRNFY FOR rain Clerk of the Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaua By: Angela Mesa, Deputy BTREETADDREBBI 801 10th Street MAILING ADDRESS'ITYANDzIPGDDE'Modesto, CA 95354 BRANCH NAME'LAINTIFF(PETITIONER;Larry B. Dignes, et al. DEFENDANT/RESPONDENT Covenant Care California, LLC, et al. CASE NUMBER; (Check one)i ~X CASE MANAGEMENT STATEMENT UNLIMITED CASE (Amount demanded ~ LIMITED CASE (Amount demanded is $ 25,000 exceeds $ 25,000) orless) CV-20-004057 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 8, 2023 Time:8130 a.ID. Dept.: 24 Dive Room: Address of court (if different from the address above): ~x Notice of Intent to Appear by Telephone, by (nsme)( Virginia Martucci INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): This statement is submitted by party (name):Plaint i f f s, Larry B. Dignes, et al. a. ~x b. ~ This statement is submitted jointly by partes (names): 2. Complaint and cross-complaint (lo be answered by plaintiffs and cross-complainan(s only) The complaint was filed on (da(e): September 18, 2020 a. b. ~ The cross-complaint, if any, was filed on (da(e)( 3. Service (lo be answered by plaintiffs and cross-complalnants 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 (specify names and explain why nol): (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 involvemenl in case, and date by which they may be served): 4. Description of case a. Type of case in ~X ~ complaint cross-complaint Negligence; Elder Abuse/Neglect; Negligent Misrepresentation; Negligent Hiring, (Descnbe, including causes of action): Training and Retention; Violation of Patient's Bill of Rights; Wrongful Death. Paa I MS Form Adopted for Marte tory Use Cal. Rules of Coutt, Judt oat Coons of Cat fo n a I CASE MANAGEMENT STATEMENT rules 3.220-3 730 CM.110 IReu. July I, 20111 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT "» ' g"" Covenant Care California, LLC, et al. CASE NUMBER CM-110 CV-20-004057 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 msd/ce/ expenses to date (indica/s source and amount), estimated fu/ure medical expenses, /ost earnings to dale, and ss/ima/ed future lost earnings. If equi/ab/e relief is sought, describe the nature of the relief) This elder/neglect case arises from Defendants'ailures to supervise, manage, support, operate and properly staff and train their Turlock Nursing & Rehabilitation Center facility. As a result of Defendants'eglect, Decedent LARRY B. DIGNES contracted C. Difficile infection, from which he died. (If more space is needed, check Ibis box and e/tach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request requesting ajury Iris/): ~X a jury trial ~ a nonjury trial. (If more than one party, provide the name of each party 6. Trial date a. b. ~ ~X The trial has been set for (dete): No trial date has been set. This case will be ready for tnal within 12 months of the date of the filing of the complaint (i/ not, exp/ain): c. Dates on which oarties or beattornevs will not available for tnal dates and explain reasons for unavai/abi/ity): 3/14/23, 9/5/23, 10/9/23, 10/17/23, 10/24/23,(specify 2/20/24, 4/8/24 and 5/28/24 are dates that counsel will be in trial in other matters. 7. Estimated length of trial The party or parties estimate that the tdial will take (check one): a. ~X days(spscifynumber): 15-20 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 M by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: ~ e. E-mail address: Additional representation is described in Attachment 8. g. Party represented; ~ 9. Preference This case is entitled to preference (spec/fy 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 counset Counsel ~ has ~X 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) ~X This case is exempt from judiaal 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): The amount exceeds the jurisdictional limit. CM-110 [Rev. July I, 20111 Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: 3EFENDANT/RESPONDENT; Covenanr Care California, LLC, ec a 1. CV-20 004057 — 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 a/I that apply and provide the specified informalion); The party or parties completing Ifthe 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): sllpulalionj: Mediation session not yet scheduled Mediation session scheduled for (dale): (1) Mediation Agreed to complete mediation by (dale): Ox Mediation completed on (date); Iuiarch 20, 2023 Dx Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Dx Agreed to complete settlement conference by (date): Settlement conference completed on (dale): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (dale): Neutral evaluation completed on (dale): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (dale): (4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (dale)r Judicial arbitration completed on (dale): Private arbitration not yet scheduled Private arbitration scheduled for (date)r (5) Binding private arbitration Agreed to complete private arbitration by (dale)r Private arbitration completed on (dale): ADR session not yet scheduled ADR session scheduled for (dale): (6) Other (specify) Agreed to complete ADR session by (dale): ADR completed on (date): CM-110 IReu July 1, 20n) 1 ege S ur 0 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER. DEFENDANTiRESFQNDENTJCovenant Care California, LLC, et al, CV — 20 — 004057 Insurance a. ~ ~ ~ Insurance carrier, if any, for party filing this statement (nsme): b. c. ~ Reservation of rights: Yes No Coverage issues will significantly affect resolution of this case(explain)i 12. Jurisdiction Indicate any matters that may affect the courl's jurisdiction or processing of this case and describe the status. ~ Bankruptcy Status: ~ Other (specify): a. ~ 13. Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: M Additional cases are described in Attachment 13a. b. H A motion to ~ consolidate ~ coordinate will be filed by (nsme 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): Plaintiffs willbe renewing the motion to remand or allocate fees because Nr. Dignes'state has less than 53,000 avaialable and cannot afford arbitration. Prusuant the Court's December 2022 Order, the parties compelted mediation, which did not result in settlement. 16 Discovery a. ~ The party or parties have completed all discovery. b. ~X The following discovery will be completed by the date specified (describe ail aniicipaled discovery)i ~Part Descriotion Date Plaintiffs Form Rags., Spec. Rogs., RFPDs and 4/2023 RFAs Plaintiffs Depositions 5/2023 Plaintiffs Expert Discovery Per Code c. ~X The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify)i Discovery has not occurred because this case has been pending with the arbitrator for nearly two years. Plaintiffs served set one of written discovery on Defendants, which has been stayed since being referred to arbitration because of the dispute over payment of the arbitrator's fees, which Decedent Larry Dignes cannot afford. CM 110 lacy. July 1, 201II Reve e ui0 CASE MANAGEMENT STATEMENT CM-110 PIAINTIFF/PETITIONER: Larry CASE NUMBER DEFENDANT)RE8PO(UDENTI Covenant Care California, LLC, et al. CV-20 004057 — Economic litigation 17. 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 fitigalion procedures relating Io discovery or trial should nof apply fo this case): 18. Otherissues ~)( The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Plaintiffs will be renewing the motion to remand or allocate fees because Mr. Dignes'state has less than $ 3,000 avaialable and cannot afford arbitration. Prusuant the Court's December 2022 Order, the parties compelted mediation, which did not result in settlement. 19. Meet a. ~ and confer 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): Iam 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 I e time of the case management conference, including the written authority of the party wh Date; April 19, 2023 Virqinia Nartucci (TYPE OR PRINT NAME) (SIGN A5URE OF PARTY OR ATTORNEY) L/ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 IReu July 1,2011( Page 5u(5 CASE MANAGEMENT STATEMENT COURT: Stanislaus County Superior Court CASE NO. CV-20-004057 CASE NAME: Dignes v. Covenant Care California, LLC, et al. PROOF OF SERVICE I am a citizen of the United States, employed in the County of Sacramento, State of 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 oAice mail receptacle. Each day's mail is collected and deposited in a U.S. mailbox at or before the close of each day' business. (CCP Section 1013a(3) or Fed.R.Civ.P.5(a) and 4.1; USDC (E.D. CA) L.R. 5- 135(a).) 11 On April 19, 2023, I caused the within, PLAINTIFFS'ASE MANAGEMENT 12 CONFERENCE STATEMENT, I caused the within, to be served via: 13 XX ELECTRONIC SERVICE: Based on a Court order or on an agreement by the parties tc accept service by e-mail or electronic transmission, I caused the document described 14 above to be sent from e-mail my address (vmartucci vorklawfirm.net) to the persons at the e-mail address(es) listed below. 15 16 John Supple, Esq. Robert Deering, Esq. 17 J. Supple Law 990 Fifth Avenue San Rafael, CA 94901 JsunuleRi supplelaw.corn 19 rdeerinu i sunulelaw.corn 20 tdanu(Risunnlelaw.corn docket@isuoulelaw.corn 21 mschroederQ i suoolelaw.corn 22 I declare that I am employed in the office of a member of the bar of this Court at whose 23 direction the service was made and that this Declaration is executed on April 19, 2023, at Sacramento, California. I declare under penalty of perjury under the laws of the State of 24 California, that the foregoing is true and correct. 25 26 vfr i(.Mvr 27 28 (00065905.1} Proof Of Service — 1