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, 08/02/2023 03. 41. 00 PM.
30- 2023- 01301014- CU- BT- WJC- ROA
# 41 - DAVID H. YAMASAKI, Clerk of the Court By E. efilinguser Deputy Clerk.
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and addmss)
FOR COURT USE ONLY
KENNADAY LEAVITT PC
JACK A. JANOV (SBN 105888) / JAMES F.NOVELLO (SBN 172964)
400 Capitol Mall. Suite 2840, Sacramento. CA 95814
TELEPHONE No 91 6-732-3060 FAX NO (Omani)
E-MAIL ADDRESS jjanov@kennadayleavitt.com / jnoveIlo@kennadayleavitt.com
AWORNEY FORWamo): Defendant Inland Empire Health Plan
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
STREET ADDRESS 8141 13th Street
MAILING ADDRESS 8141 13th Street
CITY AND ZIP CODE Westminster 92683
BRA~CH NAME West Justice Center
PMH LABORATORY. INC
PLAINTIFF/PETITIONER’
DEFENDANT/RESPONDENT‘ INLAND EMPIRE HEALTH PLAN C'v SB 2 3 2 3 3 A e
CASE MANAGEMENT STATEMENT CASE NUMBER
(Chock one): E UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded is $25,000
304023-01301014-CU'3T'WJC
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: August 17, 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 the specified information must be provided.
1. Party or parties (answer one):
a.
b.
E
D
This statement
This statement
is
is
submitted by party (name): Defendant Inland Empire Health Plan
submitted Jointly by parties (names):
2. Complaint and cross-complalnt (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (dare):
b. E
Service
The cross-complaint, if any, was filed
be answered by plaintiffs and cross-complainants only)
on (date):
3.
a.
b.
E
E
(to
All panies 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. D The
they
following additional parties
may be served):
may be added (specify names. nature of involvement in case, and date by which
Descrlption of case
4.
a. Type of case in E
complaint
See Plaintiff's Case Management Statement.
E cross-complaint (Describe, including causes of action):
Pig. 1 o! 5
FM" WW“ M-"d-MU"
Judlcml Counal 01 CnlIIomca
CASE MANAGEMENT STATEMENT 01;";22132;
CM-1 10 [Rov Sopmmbor 1‘ 2021] www courts ca gov
CM-110
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. (prersona/ 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, descn‘be 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.
E (If
Jury or nonjury
more space is needed, check (his box and attach a page designated as Attachment 4b.)
5.
The party or parties request
requesting a jury
trial
tn'al):
E a jury trial
E a nonjury trial. (/fmore than one party, provide the name of each party
6. Trial date
a.
b.
E
E
The
No
trial
trial
has been setfor
date has been set.
(date):
This case will be ready for trial within 12 months of the date of me filing of the complaint (if
not. explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
May 13, 2024 -
May 24. 2024
7. Estimated length of trial
The party or parties estimate that the take (check one):
a.
b.
E
E
days (specify number): 12 days.
hours (short causes) (specify):
trial will
split 50/50 between the sides, exclusive ofjury selection and pretrial motions.
Trial representation (to be answered for each
E
8. party)
The
a.
party or parties
Attorney:
will be represented at trial 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.
E
Preference
Additional representation is descn’bed 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
and reviewed
E ADR
has D has not provided the ADR Information package identified
(2)
in rule 3.221 to the client
For self-represented parties: Party D E has
options with the client.
has not reviewed the ADR information package identified in rule 3.221.
b.
(1 ) E
Referral to judicial 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
(2) E statutory limit.
case to
Plaintiff elects to refer this
Procedure section 1141 .1 1.
judicnal arbitration and agrees to limit recovery to the amount specified in Code of
E
Civil
(3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-1 10 [Rw Smmbor 1. 2021] "9‘ 1 °'5
CASE MANAGEMENT STATEMENT
Document Filed Date
August 02, 2023
Case Filing Date
January 06, 2023
Category
Business Tort/Unfair Business Practice Unlimited
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