On January 06, 2023 a
Party Statement
was filed
involving a dispute between
Pmh Laboratory, Inc.,
and
Does 1-100, Inclusive,
Inland Empire Health Plan,
for Business Tort/Unfair Business Practice Unlimited
in the District Court of San Bernardino County.
Preview
Electronically Filed by Superior Court of California County of Orange, 05/25/2023 01. 25: OO PM.
30- 2023- 01301014- CU- BT- WJC- ROA
# 33- DAVID H. YAMASAKI Clerk ofthe Court By E. efilinguser Deputy Clerk
CM-1 10
ATTORNEY OR PARTY WITHOUT ATTORNEY
KENNADAY LEAVITT PC
(Name. State Bar number. and address)
’°” “WU“ °””
JACK A. JANOV (SBN 105888)
JAMES F. NOVELLO (SBN 172964)
400 Capitol Mall, Suite 2840, Sacramento. CA 95814
TELEPHONE No 916-732-3060 FAX No (0mm!)-
E-MNL ADDRESS: jjanov@kennadayleavitt.com /jnovello@kennadayleavitt.com
ATTORNEY FOR (~amo)- Defendant Inland Empire Health Plan
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F ORANGE
STREET ADDRESS 8141 13th Street
MAILING ADDRESS 8141 13th Street
cm AND ZIP cone Westminster 92683
BRANCH NAME West Justice Center
PLAINTIFF/PETITIONER: PMH LABORATORY, INC
DEFENDANT/RESPONDENT: INLAND EMPIRE HEALTH PLAN C'V SB 2 3 2 3 3 fi 9
CASE MANAGEMENT STATEMENT cAss NUMBER
(Check one).- E UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded is $25,000
304023-01301°14'CU'BT'WJC
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: June 8, 2023 Time: 1:30 p.m Dept: W15 Div.: Room:
Address of court (if different from the address above):
E Notice of Intent to Appear by Telephone. by (name): Jack A. Janov
INSTRUCTIONS: All applicable boxes must be checked, and tho specified Infonnatlon must bo provided.
Party or parties (answer one):
E
1.
a. Thus statement Is submitted by party (name): Defendant Inland Empire Health Plan
2.
b. E This statement
Complaint and cross-complaint
is submmed
(to
jointly by parties (names):
be answered by plaintiffs and cross—complainants only)
a. The complaint was filed on (date):
b. E The cross-complaint, if any, was filed on (date):
be answered by plaintifis and cross-comp/ainants only)
3. Service
a.
b.
E
D
(to
All parties named in the complaint and cross-complaint have been sewed, have appeared, or have been dismissed.
The following parties named in the complaint or cross-complaint
(1) E have not been served (specify names and explain why not):
(2) E have been served but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered against them (specify names):
c. E The
they
following additional parties
may be served):
may be added (specify names, nature of involvement in case, and date by which
Description of case
4‘
a. Type
See
of case
Plaintiff‘s
in E complaint
Case Management Conference Statement
E cross-complaint (Describe, including causes of action):
Pug. 1 ol 5
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Judml CaMomm
U"'m
Council o!
CASE MANAGEMENT STATEMENT C:;,':“;';;:L°3°,“;o
CMJ 10 [Rn Soplombor 1‘ 2021} www countctgov
CM-1 10
PLAINTIFF/PETITIONER: PMH LABORATORY. INC CASE NUMBER:
DEFENDANT/RESPONDENT: INLAND EMPIRE HEALTH PLAN 30-2023-01301014-CU-BT-WJC
4. b. Provide a brief statement of the case. including any damages. (lfpersona/ injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought. describe the nature of the relief.)
Plaintiff has filed a non-contracted healthcare provider reimbursement action claiming underpayment by IEHP for COVID-19
related lab services.
D (If
Jury or nonjury
more space is needed, check this box and attach a page designated as Attachment 4b.)
5.
The party or parties request
requesting a jury
trial
trial):
E a jury trial E a nonjury trial. (If more than one party, provide the name of each party
6. Trial date
a.
b.
E
E
Thetrial has
No trial date has been
been setfor
set.
(date):
This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
Setting a trial date at this time is premature. given IEHP's Demurrer and other motions set for hearing on August 17, 2023
c. Dates on which panies or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estlmated length of trlal
The party or parties estimate that the take (check one):
E
trial will
a. days (specify number): 12 days. split 50/50 between the sides. exclusive ofjury selection and pretrial motions.
b-
E hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The
a.
party or parties
Attorney:
will be represented at trial
E by the attorney or party listed in the caption E by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mailaddress: g. Party represented:
9.
D
Preference
Additional representation is described in Attachment 8.
E
10. Alternative
This case Is entitled to
dispute resolution (ADR)
preference (specify code section):
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR
information package provided by the court under rule 3.221 of the California Rules of Court for information about the
processes available through the court and community programs in this case.
(1) For parties represented by counsel: Counsel
3.221 to the client and reviewed
E ADR
has E has not provided the ADR information package identified
(2)
in rule
For self—represented parties: Party E E has
options with the client.
has not reviewed the ADR information package identified in rule 3.221.
b.
(1 ) E
Referral to judlclal arbitration or civil action mediation
This matter
mediation under
is subject to mandatory judicial arbitration under
Code of Civil
(if available).
Code of Civil Procedure section 1141 .11 or to civil action
Procedure section 1775.3 because the amount in controversy does not exceed the
a statutory limit.
(2) case to
Plaintiff elects to refer this judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141 .1 1.
(3) E This case
mediation under
is exempt from
Code
judicial arbitration
of Civil
under rule 3.811 of the California Rules of Court or from
Procedure section 1775 et seq. (specify exemption):
civil action
CM-Ho [Rom Sopzomur 2021] Mg. 2 on
1,
CASE MANAGEMENT STATEMENT
Document Filed Date
May 25, 2023
Case Filing Date
January 06, 2023
Category
Business Tort/Unfair Business Practice Unlimited
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