Party Notice: BILLY CATES, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO THE ESTATE OF LOIS CATES ET AL VS THE VILLAGE AT SEVEN OAKS AL MC, LLC ET AL

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                                1   William C. Wilson, SBN: 149683
     John T. Tsumura, SBN: 224119
 2   Nicholas A. Prukop, SBN: 332177
     WILSON GETTY LLP
 3   12555 High Bluff Drive, Suite 270
     San Diego, California 92130
 4   Telephone: 858.847.3237
     Facsimile: 858.847.3365
 5   Attorneys for Defendants THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE AT
     SEVEN OAKS ASSISTED LIVING AND MEMORY CARE; SEVEN OAKS ASSISTED LIVING
 6   AND MEMORY CARE LLC (erroneously sued and served as SEVEN OAKS AL & MC); FRONTIER
     MANAGEMENT LLC; FRONTIER SENIOR LIVING, LLC; and SAMANTHA DAVIDSON
 7

 8                      SUPERIOR COURT OF THE STATE OF CALIFORNIA

 9                                      FOR THE COUNTY OF KERN
10    BILLY CATES, Individually and as Successor-   Case No. BCV-22-102864
      In-Interest to the Estate of LOIS CATES;
11    BARBARA NEWTON, Individually; and             NOTICE OF REQUEST FOR STAY OF
      PAUL CATES, Individually,                     COURT PROCEEDINGS AND DISCOVERY
12                                                  PENDING THE DETERMINATION OF
                          Plaintiffs,               DEFENDANTS’ PETITION TO COMPEL
13                                                  ARBITRATION
      vs.
14                                                  [Filed Concurrently with Notice of Petition;
      THE VILLAGE AT SEVEN OAKS AL MC,              Memorandum of Points and Authorities;
15    LLC dba THE VILLAGE AT SEVEN OAKS             Declarations of Nicholas A. Prukop and Samantha
      ASSISTED LIVING AND MEMORY CARE;              Davidson; and Proposed Order]
16    SEVEN OAKS AL & MC; OAKMONT
      MANAGEMENT GROUP, LLC; OAKMONT                Action Filed: October 26, 2022
17    SENIOR LIVING, LLC; SAMANTHA
      DAVIDSON; KELLAND LANCASTER; and              Judge:        Hon. Thomas S. Clark
18    DOES 1-50, Inclusive,                         Dept.:        17
                                                    Trial Date:   Not Set
19                        Defendants.
                                                    Hearing Date: September 21, 2023
20                                                  Hearing Time: 8:30 a.m.
                                                    Hearing Dept.: 17
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22           TO ALL PARTIES HEREIN THROUGH THEIR RESPECTIVE ATTORNEYS OF

23   RECORD:

24           In accordance with California Rules of Court, Rule 3.650, PLEASE TAKE NOTICE AND

25   NOTICE IS HEREBY GIVEN that pursuant to California Code of Civil Procedure § 1281.4,

26   Defendants THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE AT SEVEN

27   OAKS ASSISTED LIVING AND MEMORY CARE; SEVEN OAKS ASSISTED LIVING AND

28   MEMORY CARE LLC; FRONTIER MANAGEMENT LLC; FRONTIER SENIOR LIVING, LLC;

            NOTICE OF REQUEST FOR STAY OF COURT PROCEEDINGS AND DISCOVERY PENDING THE
                   DETERMINATION OF DEFENDANTS’ PETITION TO COMPEL ARBITRATION
 1   and SAMANTHA DAVIDSON have requested in their Petition to Compel Arbitration that the Court

 2   stay the civil proceedings until this Petition for an order to arbitrate is determined.

 3      Code of Civil Procedure § 1281.4 provides, in pertinent part, as follows:

 4          If an application has been made to a court of competent jurisdiction, whether in this State
            or not, for an order to arbitrate a controversy which is an issue involved in an action or
 5
            proceeding pending before a court of this State and such application is undetermined, the
 6          court in which such action or proceeding is pending shall, upon motion of a party to
            such action or proceeding, stay the action or proceeding until the application for an
 7          order to arbitrate is determined, and, if arbitration of such controversy is ordered, until
            an arbitration is had in accordance with the order to arbitrate or until such earlier time as
 8          the court specifies. (Emphasis added.)
 9
                                                    Respectfully Submitted,
10

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12           August 16, 2023
     Dated: ________________                        WILSON GETTY LLP

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14                                                  By: ___________________________________
                                                          William C. Wilson
15                                                        John T. Tsumura
                                                          Nicholas A. Prukop
16
                                                    Attorneys for Defendants THE VILLAGE AT SEVEN
17                                                  OAKS AL MC, LLC dba THE VILLAGE AT SEVEN
                                                    OAKS ASSISTED LIVING AND MEMORY CARE;
18                                                  SEVEN OAKS ASSISTED LIVING AND MEMORY
                                                    CARE LLC (erroneously sued and served as SEVEN
19                                                  OAKS AL & MC); FRONTIER MANAGEMENT LLC;
                                                    FRONTIER SENIOR LIVING, LLC; and SAMANTHA
20                                                  DAVIDSON
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           NOTICE OF REQUEST FOR STAY OF COURT PROCEEDINGS AND DISCOVERY PENDING THE
                  DETERMINATION OF DEFENDANTS’ PETITION TO COMPEL ARBITRATION