Preview
FILED
Superic»r C^iirt Df California,
Sacraiiteittii
01/21/2032
hportalanza
1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
Norman B. Blumenthal (SBN 068687) , Deputy
2 norm@bamlawca.com Catie Number
Aparajit Bhowmik (SBN 248066)
3
Piya Mukherjee (SBN 274217)
4 Charlotte E. James (SBN 308441)
2255 Calle Clara
5 LaJolla,CA 92037
T: 858.551.1223; F: 858.551.1232
6
7 Attomeys for Plaintiff ANDREA SPEARS
8 SUPERIOR COURT OF THE STATE OF CALIFORNL\
9 FOR THE COUNTY OF SACRAMENTO
10
11 ANDREA SPEARS, an individual, on behalf Case No. 34-2017-00210560-CU-OE-GDS
of herself and on behalf of all persons
12 similarly situated. Consolidated with
Case No. 34-2017-00216685-CU-OE-GDS
13 Plaintiff,
v.
14 NOTICE OF ORDER AND
HEALTH NET OF CALIFORNIA, INC., a REASSIGNMENT OF CASE
15 Califomia Corporation; and Does 1 through
50, inclusive.
3V C
•A'
Its'
16 Courtroom: Dept. 37
Defendants Judge: Hon. Kevin Culhane
17
18 TOMAS R. ARANA, on behalf of himself, all Original Complaint Filed: April 5,2017
FAC Filed: June 29, 2017
19 others similarly situated, Consolidated Complaint Filed: Dec. 21,2017
20 Plaintiff,
21
22 HEALTH NET OF CALIFORNL\, INC., a
Califomia corporation; and DOES 1-50,
23 inclusive,
24 Defendant.
25
26
27
28
NOTICE OF ORDER AND REASSIGNMENT OF CASE
1 TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:
2 On January 14, 2022, the Court issued the Minute Order attached hereto as Exhibit A.
3
4 DATED: January 20,2022 BLUMENTHAL NORDREHAUG
BHOWMIK DE BLOUW LLP
5
6 By:
7 FTYA MUKHERJEE
Attomeys for Plaintiff ANDREA SPEARS
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NOTICE OF ORDER AND REASSIGNMENT OF CASE
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27 EXHIBIT A
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, . " SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SACRAMENTO
GORDON D SCHABER COURTHOUSE
MINUTE ORDER
DATE: 01/14/2022 TIME: 09:30:00 AlVI DEPT: 37
JUDICIAL OFFICER PRESIDING: Kevin Culhane
CLERK: A O'Donnell
REPORTER/ERM: NONE
BAILIFF/COURT ATTENDANT: A. Dubra
CASE NO: 34-2017-00210560-CU-OE-GDS CASE INIT.DATE: 04/05/2017
CASE TITLE: Spears vs. Health Net of California Inc
CASE CATEGORY: Civil - Unlimited
EVENT TYPE: Case Management Conference - Complex
ASSOCIATED CASES: 34-2017-00216685-CU-OE-GDS
APPEARANCES
.Nature of Proceedings: Complex Case Management and Notice of Reassignment
There being no request for oral argument the Court affimied the tentative ruling,
tentative Ruling:
The Court has read and considered the joint case manacjement statement filed in this case and now
issues the following tentative ruling:
No Appearance Required. The matter is\contlnued to May 13, 2022 at 9:30 a.m. lifl^partper
the request of the parties to allow fbr the CQ^«poJjear the Motion for PreliminarY^BCjyaflnat plaintiff
plans to file to be heard. The parties should W^QiStr^se mana^ejpa:^itUitatsTf^ least 15 days
prior to the next hearing.
Pursuant to California Rule of Court 3.734, the complex civil case referenced above is hereby
transfen^ to Judge Lauri A. Damrell In Complex Case Management Department 28, effective January
31,2022 fbr the limited purposes set forth herein.
This case is assigned for complex case management pursuant to Califomia Rules of Court 3.750, et
seq., and Local Rule 2.46(F). This case is also pre-assic|ned for trial in the Complex Case Management
Department unless a trial date has been previously set in Department 47 for assignment, In which case,
trial assignment shall remain as set in Department 47. The Complex Case Management Department
shall hear any motions for consolidation, severance, bifurcation, intervention, and to continue trial unless
a trial date has been previously set in Department 47 for assignment, in which case, such motions shall
be heard in Department 47. This constitutes a limited purpose assignment pursuant to California Rule of
Court 3.734. Law and motion proceedings shall be heard in the Civil Law and Motion Departments 53/54
pursuant to Local Rule 2.30, et seq., unless othenMse directed by the Complex Case Management
Department.
Any motion or trial date cun'ently set In Department 37 will be deemed set in Complex Case
Management Department 28, at the date and time previously scheduled.
DATE: 01/14/2022 MINUTE ORDER Page "I
DEPT: 37 Calendar No.
CASE TITLE: Spears vs. Health Net of Califomia Inc CASE NO: 34-2017-0p^10560-CU-OE-GDS
To request oral argument on this matter, you must call Department 37 at (916) 874-5215 by 4:00 p.m.,
the court day before this hearing and notification of oral argument must be made to the opposing
party/counsel. If no call is made, Uie tentative ruling becomes the order of the court. (Local Rule 1.06.)
Parties requesting services of a court reporter shall advise the court no later than 4:00 p.m. the court day
before the hearing. Please be advised, there is a $30.00 fee for court reporting services, which must be
paid at the time of the hearing, for each civil proceeding lasting less than one hour. (Gov. Code §
68086(a)(1)(A).)
The Court Reporter will not report any proceeding unless a request Is made and the requisite fees are
paid in advance of the hearing.
Piease checit your tentative ruling prior to the next Court date at www.5acc0urt.ca.gov prior to
the above referenced hearing date.
If oral argument Is requested, Ute matter shall be held via Zoom with the links below:
To join by Zoom link: https://saccourt.zoom.us/my/dept37a
To join by Room: Dept37a
Teleconference information: (888) 475-4499/ID 713-594-6086
Plaintiff is ordered to notify all counsel/parties of the final minute order.
The Case Management Conference - Complex is scheduled for 05/13/2022 at 09:30 PM in Department
28.
DATE: 01/14/2022 MINUTE ORDER ' Page 2
DEPT: 37 = Calendar No.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
Gordon D Schaber Courthouse
720 Ninth STREET
Sacramento, CA 95814-1311
SHORT TITLE: Spears vs. Health Net of California Inc
CASE NUMBER:
CLERK'S CERTIFICATE OF SERVICE BY MAIL (Minute Order)
34-Z017-00210560rCU-OE-GDS
I certify that I am not a party to this cause. I certify that a true copy of the Minute Order was mailed following
standard court practices in a sealed envelope with postage fully prepaid, addressed as indicated below. The
mailing and this certification occurred at Sacramento, Califomia, on 01/18/2022.
Clerk of the Court, by: , Deputy
NORMAN B BLUMENTHAL SHAUN SETAREH
/BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW L SETAREH LAW GROUP
2255 CAaE CLARA 9665 WILSHIRE BOULEVARD #430
LA JOLLA.CA 92037 BEVERLY HILLS, CA 90212
CLERK'S CERTIFICATE OF SERVICE BY MAIL
Psgs: 1
V31013a (June 2004) Cods of CMI Pmcedure. { CCP1013(s)
1 PROOF OF SERVICE
^ STATE OF CALIFORNIA, COUNTY OF SAN DIEGO
3
I, Karla Home, am employed in the County of San Diego, State of Califomia. I am over the
4 age of 18 and not a party to the within action. My business address is 2255 Calle Clara, La Jolla,
Califomia 92037.
5
g On January 20, 2022,1 served the document(s) described as:
7 NOTICE OF COURT'S ORDER AND REASSIGNMENT OF CASE
8
^ X (BY ELECTRONIC SERVICE): Pursuant to an agreement between the Parties, I provided
the documents referenced above electronically via electronic mail (e-mail) to coimsel for
10 Defendant at the following e-mail address(es):
^^ LITTLER MENDELSON, P.C. SETAREH LAW GROUP
12 Keith Jacoby Shaun Setareh
kjacoby@,littler.com shaun(a!setarehlaw.com
13 Nathaniel H. Jenkins William M. Pao
nienkins@,littler.com william@,setarehlaw.com
14 500 Capitol Mall, Suite 200 Nolan Dilts
J5 Sacramento, CA 95814 nolan(S),setarehlaw.com
calendar@,setarehlaw.com
16 9665 Wilshire Blvd., Suite 430
Beverly Hills, CA 90212
17
18
19 X (State): I declare under penalty of perjury under the laws of the State of Califomia that the
above is tme and correct.
20
22 Executed on January 20,2021, at San Diego, Califomia.
22
23 ;^^!^ij:;^t#^v»a^^
24 Karla Home
25
26
27
28
PROOF OF SERVICE
1 Case No. 34-2017-00210560-CU-OE-GDS
Preview
FILED Superic»r C^iirt Df California, Sacraiiteittii 01/21/2032 hportalanza 1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Norman B. Blumenthal (SBN 068687) , Deputy 2 norm@bamlawca.com Catie Number Aparajit Bhowmik (SBN 248066) 3 Piya Mukherjee (SBN 274217) 4 Charlotte E. James (SBN 308441) 2255 Calle Clara 5 LaJolla,CA 92037 T: 858.551.1223; F: 858.551.1232 6 7 Attomeys for Plaintiff ANDREA SPEARS 8 SUPERIOR COURT OF THE STATE OF CALIFORNL\ 9 FOR THE COUNTY OF SACRAMENTO 10 11 ANDREA SPEARS, an individual, on behalf Case No. 34-2017-00210560-CU-OE-GDS of herself and on behalf of all persons 12 similarly situated. Consolidated with Case No. 34-2017-00216685-CU-OE-GDS 13 Plaintiff, v. 14 NOTICE OF ORDER AND HEALTH NET OF CALIFORNIA, INC., a REASSIGNMENT OF CASE 15 Califomia Corporation; and Does 1 through 50, inclusive. 3V C •A' Its' 16 Courtroom: Dept. 37 Defendants Judge: Hon. Kevin Culhane 17 18 TOMAS R. ARANA, on behalf of himself, all Original Complaint Filed: April 5,2017 FAC Filed: June 29, 2017 19 others similarly situated, Consolidated Complaint Filed: Dec. 21,2017 20 Plaintiff, 21 22 HEALTH NET OF CALIFORNL\, INC., a Califomia corporation; and DOES 1-50, 23 inclusive, 24 Defendant. 25 26 27 28 NOTICE OF ORDER AND REASSIGNMENT OF CASE 1 TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: 2 On January 14, 2022, the Court issued the Minute Order attached hereto as Exhibit A. 3 4 DATED: January 20,2022 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP 5 6 By: 7 FTYA MUKHERJEE Attomeys for Plaintiff ANDREA SPEARS 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF ORDER AND REASSIGNMENT OF CASE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 EXHIBIT A 28 , . " SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO GORDON D SCHABER COURTHOUSE MINUTE ORDER DATE: 01/14/2022 TIME: 09:30:00 AlVI DEPT: 37 JUDICIAL OFFICER PRESIDING: Kevin Culhane CLERK: A O'Donnell REPORTER/ERM: NONE BAILIFF/COURT ATTENDANT: A. Dubra CASE NO: 34-2017-00210560-CU-OE-GDS CASE INIT.DATE: 04/05/2017 CASE TITLE: Spears vs. Health Net of California Inc CASE CATEGORY: Civil - Unlimited EVENT TYPE: Case Management Conference - Complex ASSOCIATED CASES: 34-2017-00216685-CU-OE-GDS APPEARANCES .Nature of Proceedings: Complex Case Management and Notice of Reassignment There being no request for oral argument the Court affimied the tentative ruling, tentative Ruling: The Court has read and considered the joint case manacjement statement filed in this case and now issues the following tentative ruling: No Appearance Required. The matter is\contlnued to May 13, 2022 at 9:30 a.m. lifl^partper the request of the parties to allow fbr the CQ^«poJjear the Motion for PreliminarY^BCjyaflnat plaintiff plans to file to be heard. The parties should W^QiStr^se mana^ejpa:^itUitatsTf^ least 15 days prior to the next hearing. Pursuant to California Rule of Court 3.734, the complex civil case referenced above is hereby transfen^ to Judge Lauri A. Damrell In Complex Case Management Department 28, effective January 31,2022 fbr the limited purposes set forth herein. This case is assigned for complex case management pursuant to Califomia Rules of Court 3.750, et seq., and Local Rule 2.46(F). This case is also pre-assic|ned for trial in the Complex Case Management Department unless a trial date has been previously set in Department 47 for assignment, In which case, trial assignment shall remain as set in Department 47. The Complex Case Management Department shall hear any motions for consolidation, severance, bifurcation, intervention, and to continue trial unless a trial date has been previously set in Department 47 for assignment, in which case, such motions shall be heard in Department 47. This constitutes a limited purpose assignment pursuant to California Rule of Court 3.734. Law and motion proceedings shall be heard in the Civil Law and Motion Departments 53/54 pursuant to Local Rule 2.30, et seq., unless othenMse directed by the Complex Case Management Department. Any motion or trial date cun'ently set In Department 37 will be deemed set in Complex Case Management Department 28, at the date and time previously scheduled. DATE: 01/14/2022 MINUTE ORDER Page "I DEPT: 37 Calendar No. CASE TITLE: Spears vs. Health Net of Califomia Inc CASE NO: 34-2017-0p^10560-CU-OE-GDS To request oral argument on this matter, you must call Department 37 at (916) 874-5215 by 4:00 p.m., the court day before this hearing and notification of oral argument must be made to the opposing party/counsel. If no call is made, Uie tentative ruling becomes the order of the court. (Local Rule 1.06.) Parties requesting services of a court reporter shall advise the court no later than 4:00 p.m. the court day before the hearing. Please be advised, there is a $30.00 fee for court reporting services, which must be paid at the time of the hearing, for each civil proceeding lasting less than one hour. (Gov. Code § 68086(a)(1)(A).) The Court Reporter will not report any proceeding unless a request Is made and the requisite fees are paid in advance of the hearing. Piease checit your tentative ruling prior to the next Court date at www.5acc0urt.ca.gov prior to the above referenced hearing date. If oral argument Is requested, Ute matter shall be held via Zoom with the links below: To join by Zoom link: https://saccourt.zoom.us/my/dept37a To join by Room: Dept37a Teleconference information: (888) 475-4499/ID 713-594-6086 Plaintiff is ordered to notify all counsel/parties of the final minute order. The Case Management Conference - Complex is scheduled for 05/13/2022 at 09:30 PM in Department 28. DATE: 01/14/2022 MINUTE ORDER ' Page 2 DEPT: 37 = Calendar No. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO Gordon D Schaber Courthouse 720 Ninth STREET Sacramento, CA 95814-1311 SHORT TITLE: Spears vs. Health Net of California Inc CASE NUMBER: CLERK'S CERTIFICATE OF SERVICE BY MAIL (Minute Order) 34-Z017-00210560rCU-OE-GDS I certify that I am not a party to this cause. I certify that a true copy of the Minute Order was mailed following standard court practices in a sealed envelope with postage fully prepaid, addressed as indicated below. The mailing and this certification occurred at Sacramento, Califomia, on 01/18/2022. Clerk of the Court, by: , Deputy NORMAN B BLUMENTHAL SHAUN SETAREH /BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW L SETAREH LAW GROUP 2255 CAaE CLARA 9665 WILSHIRE BOULEVARD #430 LA JOLLA.CA 92037 BEVERLY HILLS, CA 90212 CLERK'S CERTIFICATE OF SERVICE BY MAIL Psgs: 1 V31013a (June 2004) Cods of CMI Pmcedure. { CCP1013(s) 1 PROOF OF SERVICE ^ STATE OF CALIFORNIA, COUNTY OF SAN DIEGO 3 I, Karla Home, am employed in the County of San Diego, State of Califomia. I am over the 4 age of 18 and not a party to the within action. My business address is 2255 Calle Clara, La Jolla, Califomia 92037. 5 g On January 20, 2022,1 served the document(s) described as: 7 NOTICE OF COURT'S ORDER AND REASSIGNMENT OF CASE 8 ^ X (BY ELECTRONIC SERVICE): Pursuant to an agreement between the Parties, I provided the documents referenced above electronically via electronic mail (e-mail) to coimsel for 10 Defendant at the following e-mail address(es): ^^ LITTLER MENDELSON, P.C. SETAREH LAW GROUP 12 Keith Jacoby Shaun Setareh kjacoby@,littler.com shaun(a!setarehlaw.com 13 Nathaniel H. Jenkins William M. Pao nienkins@,littler.com william@,setarehlaw.com 14 500 Capitol Mall, Suite 200 Nolan Dilts J5 Sacramento, CA 95814 nolan(S),setarehlaw.com calendar@,setarehlaw.com 16 9665 Wilshire Blvd., Suite 430 Beverly Hills, CA 90212 17 18 19 X (State): I declare under penalty of perjury under the laws of the State of Califomia that the above is tme and correct. 20 22 Executed on January 20,2021, at San Diego, Califomia. 22 23 ;^^!^ij:;^t#^v»a^^ 24 Karla Home 25 26 27 28 PROOF OF SERVICE 1 Case No. 34-2017-00210560-CU-OE-GDS