Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Kathryn A. Stebner (SBN 121088); Karman Guadagni (SBN 267631)
Brian S. Umpierre (236399)
Stebner Gertler Guadagni & Kawamoto, A Professional Law Corporation
870 Market Street, Ste. 1285, San Francisco, CA 94102
TELEPHONE NO.: 415-362-9800 FAX NO. (Optional): 415-362-9801
E-MAIL ADDRESS: karman@sggklaw.com; brian@sggklaw.com
ATTORNEY FOR (Name): Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1215 Truxtun Avenue
MAILING ADDRESS: 1215 Truxtun Avenue
CITY AND ZIP CODE: Bakersfield, CA 93301
BRANCH NAME: Bakersfield Court
PLAINTIFF/PETITIONER: Billy Cates, et al.
DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE BCV-22-102864
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: August 3, 2023 Time: 8:15 a.m. Dept.: 17 Div.: Room:
Address of court (if different from the address above): 1415 Truxtun Avenue, Bakersfield, CA 93301
Notice of Intent to Appear by Telephone, by (name): Brian Umpierre
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): Plaintiffs
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): October 26, 2022
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):
Elder Abuse; Negligence; Assault; Battery; Wrongful Death; and Survivorship.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Billy Cates, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al. BCV-22-102864
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.)
Complaint for Elder Abuse; Negligence; Assault; Battery; Wrongful Death; and Survivorship. Plaintiffs seek general and special
damages according to law and proof, as well as attorney's fees and costs, punitive damages, pre-death pain and suffering; and
pre-judgement interest according to law.
(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):
9/1-30/23 Vacation; 10/2-13//23 Trial; 10/16-27/23 Tr.; 10/30/23 Tr.; 11/13-21/23; 11/20-30/23 Tr.;12/4-15/23 Tr.; 1/29/24 Tr.;
2/14/24 Tr.; 2/26-3/8/24 Tr.; 3/21-4/3/24 Tr.; 5/13/24 Tr.; 7/15-26/24; 1/7/24 Tr.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 7-10 days
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: Kirsten Fish
b. Firm: Needham Kepner & Fish LLP
c. Address: 1960 The Alameda, Suite 210, San Jose, CA 95126
d. Telephone number: 408-261-4226 f. Fax number: 408-244-7815
e. E-mail address: kfish@nkf-law.com g. Party represented: Plaintiff
Additional representation is described in Attachment 8.
9. Preference
This case is entitled to preference (specify code section): Code of Civil Procedure § 36(a).
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 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 [Rev. September 1, 2021] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Billy Cates, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al. BCV-22-102864
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):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
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
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. September 1, 2021] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Billy Cates, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al. BCV-22-102864
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):
Defendant Kelland Lancaster has been dismissed from this action with prejudice. This case is at issue. Plaintiffs have
submitted for filing a Motion for Preferential Trial Setting pursuant to Code of Civil Procedure (C.C.P.) § 36(a). The hearing is
set for September 6, 2023.
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 Written Discovery Per Code
Plaintiff Depositions Per Code
Plaintiff 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] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Billy Cates, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al. BCV-22-102864
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 27, 2023
Karman Guadagni/Brian Umpierre
(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] Page 5 of 5
CASE MANAGEMENT STATEMENT
Billy Cates, et al. v. The Village at Seven Oaks AL MC, LLC, dba, et al.
1 Kern County Superior Court, Case No. BCV-22-102864
2 PROOF OF SERVICE
3 I, the undersigned, declare:
4 I am a citizen of the United States of America, am over the age of eighteen (18) years, and not a
party to the within action. I am an employee of Stebner Gertler Guadagni & Kawamoto, and my
5 business address is 870 Market Street, Suite 1285, San Francisco, California 94102. On the date below,
I caused to be served the following documents:
6
CASE MANAGEMENT STATEMENT
7
on the parties involved, addressed as follows:
8
Kirsten Fish William C. Wilson
9 NEEDHAM, KEPNER & FISH LLP John T. Tsumura
1960 The Alameda, Suite 210 WILSON GETTY LLP
10 San Jose, CA 95126 12555 High Bluff Drive, Suite 270
Phone: (408) 261-4226 San Diego, California 92130
11 Fax: (408) 244-7815 Telephone: 858.847.3237
E-mail: kfish@nkf-law.com Facsimile: 858.847.3365
12 Email: bwilson@wilsongetty.com
Co-Counsel for Plaintiffs Email: jtsumura@wilsongetty.com
13 Email: fvillalpando@wilsongetty.com
14 Attorneys for Defendants THE VILLAGE AT
SEVEN OAKS AL MC, LLC dba THE VILLAGE
15 AT SEVEN OAKS ASSISTED LIVING AND
MEMORY CARE; SEVEN OAK ASSISTED
16 LIVING AND MEMORY CARE LLC (erroneously
sued and served as SEVEN OAKS AL & MC);
17 FRONTIER MANAGEMENT LLC, FRONTIER
SENIOR LIVING, LLC and SAMANTHA
18 DAVIDSON
19 X BY ELECTRONIC SERVICE: I electronically filed the document(s) listed above with
the Clerk of the Court by using the Court’s approved E-filing provider, One Legal, and
20 caused a copy of said document(s) to be E-Served through One Legal to the persons at the e-
mail address(es) listed above on this date. No electronic message or other indication that the
21 transmission was unsuccessful was received within a reasonable time after the transmission.
22 BY EMAIL/ELECTRONIC SUBMISSION: Only by e-mailing the document(s) listed
above to the persons at the e-mail address(es) listed on this date pursuant to Code of Civil
23 Procedure § 1010.6 and California Rules of Court Rule 2.251. No electronic message or
other indication that the transmission was unsuccessful was received within a reasonable
24 time after the submission.
25 I declare under penalty of perjury under the laws of the State of California that the foregoing is
26 true and correct. Executed at San Francisco, California on July 27, 2023.
27
28 Ann Williams
1 PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Kathryn A. Stebner (SBN 121088); Karman Guadagni (SBN 267631) Brian S. Umpierre (236399) Stebner Gertler Guadagni & Kawamoto, A Professional Law Corporation 870 Market Street, Ste. 1285, San Francisco, CA 94102 TELEPHONE NO.: 415-362-9800 FAX NO. (Optional): 415-362-9801 E-MAIL ADDRESS: karman@sggklaw.com; brian@sggklaw.com ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 Truxtun Avenue MAILING ADDRESS: 1215 Truxtun Avenue CITY AND ZIP CODE: Bakersfield, CA 93301 BRANCH NAME: Bakersfield Court PLAINTIFF/PETITIONER: Billy Cates, et al. DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE BCV-22-102864 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 3, 2023 Time: 8:15 a.m. Dept.: 17 Div.: Room: Address of court (if different from the address above): 1415 Truxtun Avenue, Bakersfield, CA 93301 Notice of Intent to Appear by Telephone, by (name): Brian Umpierre 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): Plaintiffs 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): October 26, 2022 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): Elder Abuse; Negligence; Assault; Battery; Wrongful Death; and Survivorship. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Billy Cates, et al. CASE NUMBER: DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al. BCV-22-102864 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.) Complaint for Elder Abuse; Negligence; Assault; Battery; Wrongful Death; and Survivorship. Plaintiffs seek general and special damages according to law and proof, as well as attorney's fees and costs, punitive damages, pre-death pain and suffering; and pre-judgement interest according to law. (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): 9/1-30/23 Vacation; 10/2-13//23 Trial; 10/16-27/23 Tr.; 10/30/23 Tr.; 11/13-21/23; 11/20-30/23 Tr.;12/4-15/23 Tr.; 1/29/24 Tr.; 2/14/24 Tr.; 2/26-3/8/24 Tr.; 3/21-4/3/24 Tr.; 5/13/24 Tr.; 7/15-26/24; 1/7/24 Tr. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 7-10 days 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: Kirsten Fish b. Firm: Needham Kepner & Fish LLP c. Address: 1960 The Alameda, Suite 210, San Jose, CA 95126 d. Telephone number: 408-261-4226 f. Fax number: 408-244-7815 e. E-mail address: kfish@nkf-law.com g. Party represented: Plaintiff Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): Code of Civil Procedure § 36(a). 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 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 [Rev. September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Billy Cates, et al. CASE NUMBER: DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al. BCV-22-102864 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): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation 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 ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Billy Cates, et al. CASE NUMBER: DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al. BCV-22-102864 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): Defendant Kelland Lancaster has been dismissed from this action with prejudice. This case is at issue. Plaintiffs have submitted for filing a Motion for Preferential Trial Setting pursuant to Code of Civil Procedure (C.C.P.) § 36(a). The hearing is set for September 6, 2023. 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 Written Discovery Per Code Plaintiff Depositions Per Code Plaintiff 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] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Billy Cates, et al. CASE NUMBER: DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al. BCV-22-102864 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 27, 2023 Karman Guadagni/Brian Umpierre (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] Page 5 of 5 CASE MANAGEMENT STATEMENT Billy Cates, et al. v. The Village at Seven Oaks AL MC, LLC, dba, et al. 1 Kern County Superior Court, Case No. BCV-22-102864 2 PROOF OF SERVICE 3 I, the undersigned, declare: 4 I am a citizen of the United States of America, am over the age of eighteen (18) years, and not a party to the within action. I am an employee of Stebner Gertler Guadagni & Kawamoto, and my 5 business address is 870 Market Street, Suite 1285, San Francisco, California 94102. On the date below, I caused to be served the following documents: 6 CASE MANAGEMENT STATEMENT 7 on the parties involved, addressed as follows: 8 Kirsten Fish William C. Wilson 9 NEEDHAM, KEPNER & FISH LLP John T. Tsumura 1960 The Alameda, Suite 210 WILSON GETTY LLP 10 San Jose, CA 95126 12555 High Bluff Drive, Suite 270 Phone: (408) 261-4226 San Diego, California 92130 11 Fax: (408) 244-7815 Telephone: 858.847.3237 E-mail: kfish@nkf-law.com Facsimile: 858.847.3365 12 Email: bwilson@wilsongetty.com Co-Counsel for Plaintiffs Email: jtsumura@wilsongetty.com 13 Email: fvillalpando@wilsongetty.com 14 Attorneys for Defendants THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE 15 AT SEVEN OAKS ASSISTED LIVING AND MEMORY CARE; SEVEN OAK ASSISTED 16 LIVING AND MEMORY CARE LLC (erroneously sued and served as SEVEN OAKS AL & MC); 17 FRONTIER MANAGEMENT LLC, FRONTIER SENIOR LIVING, LLC and SAMANTHA 18 DAVIDSON 19 X BY ELECTRONIC SERVICE: I electronically filed the document(s) listed above with the Clerk of the Court by using the Court’s approved E-filing provider, One Legal, and 20 caused a copy of said document(s) to be E-Served through One Legal to the persons at the e- mail address(es) listed above on this date. No electronic message or other indication that the 21 transmission was unsuccessful was received within a reasonable time after the transmission. 22 BY EMAIL/ELECTRONIC SUBMISSION: Only by e-mailing the document(s) listed above to the persons at the e-mail address(es) listed on this date pursuant to Code of Civil 23 Procedure § 1010.6 and California Rules of Court Rule 2.251. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable 24 time after the submission. 25 I declare under penalty of perjury under the laws of the State of California that the foregoing is 26 true and correct. Executed at San Francisco, California on July 27, 2023. 27 28 Ann Williams 1 PROOF OF SERVICE