Motion-Secondary: 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   KATHRYN A. STEBNER (SBN 121088)
     KARMAN GUADAGNI (SBN 267631)
 2   DEENA ZACHARIN (SBN 141249)
 3   KELSEY CRAVEN (SBN 337179)
     STEBNER GERTLER GUADAGNI & KAWAMOTO
 4   A Professional Law Corporation
     870 Market Street, Suite 1285
 5   San Francisco, CA 94102
     Tel: (415) 362-9800
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     Fax: (415) 362-9801
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     KIRSTEN FISH (SBN 217940)
 8   NEEDHAM KEPNER & FISH LLP
     1960 The Alameda, Suite 210
 9   San Jose, CA 95126
     Tel: (408) 244-2166
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     Fax: (408) 244-7815
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     Attorneys for Plaintiffs
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13                         SUPERIOR COURT OF THE STATE OF CALIFORNIA

14                                 IN AND FOR THE COUNTY OF KERN

15   BILLY CATES, Individually and as              CASE NO. BCV-22-102864 (TSC)
     Successor-In-Interest to the Estate of LOIS
16   CATES; BARBARA NEWTON, Individually;          DECLARATION OF DEENA ZACHARIN
     and PAUL CATES, Individually,                 IN SUPPORT OF PLAINTIFFS’ REPLY
17                                                 TO DEFENDANTS’ RESPONSE TO
                            Plaintiffs,            PLANTIFFS’ MOTION FOR
18   vs.                                           PREFERENTIAL TRIAL SETTING
19   THE VILLAGE AT SEVEN OAKS AL MC,
     LLC dba THE VILLAGE AT SEVEN OAKS             Date:    September 21, 2023
20   ASSISTED LIVING AND MEMORY CARE;              Time:    8:30 a.m.
     SEVEN OAKS AL & MC; OAKMONT                   Place:   Dept. 17
21   MANAGEMENT GROUP, LLC; OAKMONT                Judge:   Hon. Thomas S. Clark
     SENIOR LIVING, LLC; SAMANTHA
22   DAVIDSON; and DOES 1-50, Inclusive,           Complaint Filed: October 26, 2022
                                                   FAC Filed: January 18, 2023
23                          Defendants.            JURY TRIAL DEMANDED
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           DECLARATION OF DEENA ZACHARIN IN SUPPORT OF PLAINTIFFS’ REPLY TO DEFENDANTS’
                  RESPONSE TO PLANTIFFS’ MOTION FOR PREFERENTIAL TRIAL SETTING
 1          I, Deena Zacharin, declare:

 2          1.      I am an attorney at law licensed to practice in all of the Courts of the State of

 3   California and am an attorney with the law firm of Stebner Gertler Guadagni & Kawamoto,

 4   attorneys of record for Plaintiff. The matters stated in this declaration are within my personal

 5   knowledge and if called to testify thereto, I could and would competently do so.

 6          2.      Plaintiffs filed their case almost 12 months ago on October 26, 2022 and filed a First

 7   Amended Complaint on January 18, 2023. This motion has been on file since July 27, 2023.

 8          3.      Plaintiffs propounded their first set of discovery on Defendants five months ago on

 9   April 17, 2023, to which the Facility Defendants have already served their responses and documents

10   on June 16, 2023. The Facility Defendants have had this same period of time to propound their own

11   discovery but have inexplicably failed to do so.

12          I declare under penalty of perjury under the laws of the State of California that the foregoing

13   is true and correct. Executed this 11th day of September 2023, at San Francisco, California.

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                                                           ______________________________
16                                                         Deena Zacharin
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          DECLARATION OF DEENA ZACHARIN IN SUPPORT OF PLAINTIFFS’ REPLY TO DEFENDANTS’
                 RESPONSE TO PLANTIFFS’ MOTION FOR PREFERENTIAL TRIAL SETTING
     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:
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        DECLARATION OF DEENA ZACHARIN IN SUPPORT OF PLAINTIFFS’ REPLY TO
 7      DEFENDANTS’ RESPONSE TO PLANTIFFS’ MOTION FOR PREFERENTIAL TRIAL
                                    SETTING
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     on the parties involved, addressed as follows:
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       Kirsten Fish                                   William C. Wilson
10     NEEDHAM, KEPNER & FISH LLP                     John T. Tsumura
       1960 The Alameda, Suite 210                    WILSON GETTY LLP
11     San Jose, CA 95126                             12555 High Bluff Drive, Suite 270
       Phone: (408) 261-4226                          San Diego, California 92130
12     Fax: (408) 244-7815                            Telephone: 858.847.3237
       E-mail: kfish@nkf-law.com                      Facsimile: 858.847.3365
13                                                    Email: bwilson@wilsongetty.com
       Co-Counsel for Plaintiffs                      Email: jtsumura@wilsongetty.com
14                                                    Email: fvillalpando@wilsongetty.com
15                                                    Attorneys For Defendants THE VILLAGE AT
                                                      SEVEN OAKS AL MC, LLC Dba THE VILLAGE
16                                                    AT SEVEN OAKS ASSISTED LIVING AND
                                                      MEMORY CARE; SEVEN OAK ASSISTED
17                                                    LIVING AND MEMORY CARE LLC
                                                      (Erroneously Sued And Served As SEVEN OAKS
18                                                    AL & MC); FRONTIER MANAGEMENT LLC,
                                                      FRONTIER SENIOR LIVING, LLC And
19                                                    SAMANTHA DAVIDSON
20      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
21             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
22             transmission was unsuccessful was received within a reasonable time after the transmission.
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            I declare under penalty of perjury under the laws of the State of California that the foregoing is
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     true and correct. Executed at San Francisco, California on September 12, 2023.
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27                                                        Ann Williams
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                                                          1                                PROOF OF SERVICE