On October 25, 2022 a
POS
was filed
involving a dispute between
Barbara Newton,
Billy Cates, Individually And As Successor-In-Interest To The Estate Of Lois Cates,
Paul Cates,
and
Frontier Management Llc,
Frontier Senior Living,
Frontier Senior Living, Llc,
Kelland Lancaster,
Samantha Davidson,
Seven Oak Assisted Living And Memory Care Llc,
Seven Oaks Al & Mc,
The Village At Seven Oaks Al Mc, Llc,
for 35-CV Other Non PI/PD/WD Tort - Civil Unlimited
in the District Court of Kern County.
Preview
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 PROOF OF SERVICE
PAUL CATES, Individually,
12 Action Filed: October 26, 2022
Plaintiffs,
13 Judge: Hon. Thomas S. Clark
vs. Dept.: 17
14 Trial Date: Not Set
THE VILLAGE AT SEVEN OAKS AL MC,
15 LLC dba THE VILLAGE AT SEVEN OAKS Hearing Date: September 21, 2023
ASSISTED LIVING AND MEMORY CARE; Hearing Time: 8:30 a.m.
16 SEVEN OAKS AL & MC; OAKMONT Hearing Dept.: 17
MANAGEMENT GROUP, LLC; OAKMONT
17 SENIOR LIVING, LLC; SAMANTHA
DAVIDSON; KELLAND LANCASTER; and
18 DOES 1-50, Inclusive,
19 Defendants.
20
21
22
I am employed in San Diego County. I am over the age of 18 and not a party to this action. My
23 business address is 12555 High Bluff Drive, Suite 270, San Diego, California 92130.
24 On August 16, 2023, I served the foregoing documents, described in this action as:
25 1. NOTICE OF DEFENDANTS’ PETITION TO COMPEL ARBITRATION AND STAY
PROCEEDINGS
26
2. NOTICE OF REQUEST FOR STAY OF COURT PROCEEDINGS AND DISCOVERY
27 PENDING THE DETERMINATION OF DEFENDANTS’ PETITION TO COMPEL
ARBITRATION
28
PROOF OF SERVICE
1 3. DEFENDANTS’ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS
2
4. DECLARATION OF NICHOLAS A. PRUKOP IN SUPPORT OF PETITION TO
3 COMPEL ARBITRATION AND STAY PROCEEDINGS AND DISCOVERY BY
DEFENDANTS
4
5. DECLARATION OF SAMANTHA DAVIDSON IN SUPPORT OF PETITION TO
5 COMPEL ARBITRATION AND STAY PROCEEDINGS
6 6. [PROPOSED] ORDER ON DEFENDANTS’ PETITION TO COMPEL ARBITRATION
AND STAY PROCEEDINGS
7
7. PROOF OF SERVICE
8
[X] by emailing [ ] the original [X] a true copy thereof addressed as follows:
9
10 Kathryn A. Stebner, Esq. Kirsten Fish, Esq.
Karman Guadagni, Esq. Needham Kepner & Fish LLP
11
Deena Zacharin, Esq. 1960 The Alameda, Suite 210
12 Kelsey Craven, Esq. San Jose, CA 95126
Stebner Gertler Guadagni & Kawamoto, APLC T: 408.244.2166
13 870 Market Street, Suite 1285 F: 408.244.7815
San Francisco, CA 94102 Email: kfish@nkf-law.com
14 T: 415.362.9800 Counsel for Plaintiffs
F: 415.362.9801
15
Email: kathryn@sggklaw.com
16 Email: karman@sggklaw.com
Email: deena@sggklaw.com
17 Email: kelsey@sggklaw.com
Counsel for Plaintiffs
18
19
[X] BY E-MAIL or ELECTRONIC TRANSMISSION I caused based on a court order or
20 an agreement of the parties to accept service by e-mail or electronic transmission, the documents to be
sent to the persons at the e-mail addresses. I did not receive, within a reasonable time after the
21 transmission, any electronic message or other indication that the transmission was unsuccessful.
22 [X] STATE: I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
23
24 Executed on August 16, 2023 at San Diego, California.
25 _____________________________
26 Felicia Villalpando
27
28
-2-
PROOF OF SERVICE
Document Filed Date
August 16, 2023
Case Filing Date
October 25, 2022
Category
35-CV Other Non PI/PD/WD Tort - Civil Unlimited
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