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: 313990
 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 OAK 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 DEFENDANTS’ PETITION TO
      PAUL CATES, Individually,                       COMPEL ARBITRATION AND STAY
12                                                    PROCEEDINGS
                           Plaintiffs,
13
      vs.                                             [Filed Concurrently with Memorandum of Points
14                                                    and Authorities; Notice of Request for Stay;
      THE VILLAGE AT SEVEN OAKS AL MC,                Declarations of Nicholas A. Prukop and
15    LLC dba THE VILLAGE AT SEVEN OAKS               Samantha Davidson; and Proposed Order]
      ASSISTED LIVING AND MEMORY CARE;                Action Filed: March 3, 2021
16    SEVEN OAKS AL & MC; OAKMONT
      MANAGEMENT GROUP, LLC; OAKMONT                  Judge:        Hon. Samuel K. Feng
17    SENIOR LIVING, LLC; SAMANTHA                    Dept.:        206
      DAVIDSON; KELLAND LANCASTER; and                Trial Date:   Not Set
18    DOES 1-50, Inclusive,
                                                      Hearing Date: September 21, 2023
19                         Defendants.                Hearing Time: 8:30 a.m.
                                                      Hearing Dept.: 17
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21   TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
22          PLEASE TAKE NOTICE that on September 21, 2023, at 8:30 a.m. in Department 17 of the
23   above-entitled Court, located at 1415 Truxtun Avenue, Bakersfield, CA 93301, Defendants THE
24   VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED
25   LIVING AND MEMORY CARE; SEVEN OAK ASSISTED LIVING AND MEMORY CARE LLC;
26   FRONTIER MANAGEMENT LLC, FRONTIER SENIOR LIVING, LLC, and SAMANTHA
27   DAVIDSON (hereinafter “Defendants”), will and hereby do move this Court, for an order staying the
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            NOTICE OF DEFENDANTS’ PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS
 1   present action and compelling binding arbitration, pursuant to the valid executed Arbitration

 2   Agreement. Defendants also request a stay of discovery pending the Court’s determination of the issue.

 3          This Motion is made pursuant to 9 U.S.C. §§ 2-4, on the grounds that the Arbitration Agreement

 4   signed by the resident provides for arbitration of the dispute which is the subject of this action.

 5   Plaintiffs have failed to comply with the provisions of the Arbitration Agreement by filing this action in

 6   Superior Court.

 7          This Petition is based upon this Notice, the Memorandum of Points and Authorities in support

 8   of the Motion, the attached Declaration of Nicholas A. Prukop and Samantha Davidson, the exhibits in

 9   support of the Motion filed concurrently herewith, all papers and pleadings on file herein and upon
10   such further oral and documentary evidence as may be presented at the hearing on this matter.
11          WHEREFORE, pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq, Defendants pray
12   that an Order of this Court be made, finding that a written agreement to arbitrate this controversy exists,
13   directing that arbitration of the controversy proceed in the manner provided, and staying the
14   proceedings in this action until the arbitration so ordered has been completed, and for such further and
15   other relief as this Court deems just and proper.
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17           August 16, 2023
     Dated: ________________                       WILSON GETTY LLP
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19                                                 By: ___________________________________
                                                         William C. Wilson
20                                                       John T. Tsumura
                                                         Nicholas A. Prukop
21
                                                   Attorneys for Defendants THE VILLAGE AT SEVEN
22                                                 OAKS AL MC, LLC dba THE VILLAGE AT SEVEN
                                                   OAKS ASSISTED LIVING AND MEMORY CARE;
23                                                 SEVEN OAKS ASSISTED LIVING AND MEMORY
                                                   CARE LLC (erroneously sued and served as SEVEN OAKS
24                                                 AL & MC); FRONTIER MANAGEMENT LLC;
                                                   FRONTIER SENIOR LIVING, LLC; and SAMANTHA
25                                                 DAVIDSON
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          NOTICE OF DEFENDANTS’ PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS