No Value: 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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         KATHRYN A. STEBNER (SBN 121088)
     1   KARMAN GUADAGNI (SBN 267631)
         DEENA ZACHARIN (SBN 141249)
     2   KELSEY CRAVEN (SBN 337179)
         BRIAN UMPIERRE (SBN 236399)
     3   STEBNER GERTLER GUADAGNI & KAWAMOTO
         A Professional Law Corporation
     4   870 Market Street, Suite 1285
         San Francisco, CA 94102
     5   Tel: (415) 362-9800
         Fax: (415) 362-9801
     6
         KIRSTEN FISH (SBN 217940)
     7   NEEDHAM KEPNER & FISH LLP
         1960 The Alameda, Suite 210
     8   San Jose, CA 95126
         Tel: (408) 244-2166
     9   Fax: (408) 244-7815
    10   Attorneys for Plaintiffs
    11
                                    SUPERIOR COURT OF THE STATE OF CALIFORNIA
    12
                                          IN AND FOR THE COUNTY OF KERN
    13
         BILLY CATES, Individually and as              CASE NO. BCV-22-102864
    14   Successor-In-Interest to the Estate of LOIS
         CATES; BARBARA NEWTON, Individually;          PLAINTIFFS’ NOTICE OF MOTION AND
    15   and PAUL CATES, Individually,                 MOTION TO COMPEL DEFENDANT THE
                                                       VILLAGE AT SEVEN OAKS AL MC, LLC
    16                          Plaintiffs,            dba THE VILLAGE AT SEVEN OAKS
                                                       ASSISTED LIVING AND MEMORY CARE’S
    17   vs.                                           FURTHER RESPONSE AND DOCUMENT
                                                       PRODUCTION TO PLAINTIFFS’
    18   THE VILLAGE AT SEVEN OAKS AL MC,              REQUESTS FOR PRODUCTION OF
         LLC dba THE VILLAGE AT SEVEN OAKS             DOCUMENTS, SET ONE
    19   ASSISTED LIVING AND MEMORY CARE;
         SEVEN OAKS AL & MC; FRONTIER
    20   MANAGEMENT LLC; FRONTIER SENIOR               Date: December 1, 2023
         LIVING, LLC; SAMANTHA DAVIDSON;               Time: 8:30 a.m.
    21   KELLAND LANCASTER; and DOES 1-50,             Place: Dept. 17
         Inclusive,                                    Judge: Hon. Thomas S. Clark
    22
                                                       Complaint filed: October 26, 2022
                                Defendants.            FAC filed: January 18, 2023
    23                                                 Preferential Trial Date: January 8, 2024
    24                                                 JURY TRIAL DEMANDED
    25

    26

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                                                   -1-
           PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT THE VILLAGE AT SEVEN
            OAKS AL MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED LIVING AND MEMORY CARE’S
         FURTHER RESPONSE AND DOCUMENT PRODUCTION TO PLAINTIFFS’ REQUESTS FOR PRODUCTION OF
                                           DOCUMENTS, SET ONE
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     1          TO ALL PARTIES AND THEIR ATTORNEY OF RECORD:

     2          PLEASE TAKE NOTICE that on December 1, 2023 at 8:30 a.m., or as soon thereafter as the

     3   matter may be heard before the Hon. Thomas S. Clark in Department 17 of the above-named Court,

     4   located at 1415 Truxtun Ave, Bakersfield, CA 93301, Plaintiffs BILLY CATES, BARBARA

     5   NEWTON, and PAUL CATES (“Plaintiffs”) will move this court for an order compelling

     6   Defendant THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE AT SEVEN

     7   OAKS ASSISTED LIVING AND MEMORY CARE ( “Defendant”) to produce verified further

     8   responses and documents responsive to Plaintiff’s Request for Production of Documents, Set One,

     9   Request Nos. 1, 5-6, 8, 11-12, 16-19, 21-23, 25-26, 28-32, 38, and 40.

    10          This motion is made on the grounds that Plaintiffs’ requested discovery is calculated to lead

    11   to the discovery of admissible evidence, Defendant’s objections are without merit, and Defendant’s’

    12   delay tactics are inexcusable.

    13          This Motion is based on this Notice of Motion, the accompanying Memorandum of Points

    14   and Authorities, Separate Statement, the Declaration of Plaintiffs’ counsel, and the complete records

    15   and files in this action, and such further oral or documentary evidence that may be introduced at the

    16   hearing of this Motion.

    17   Dated: October 30, 2023                      STEBNER GERTLER GUADAGNI & KAWAMOTO

    18

    19                                        By:
                                                      Kathryn Stebner
    20                                                Karman Guadagni
                                                      Deena Zacharin
    21                                                Kelsey Craven
                                                      Brian Umpierre
    22
                                                      Attorneys For Plaintiffs
    23

    24

    25

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                                                   -2-
           PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT THE VILLAGE AT SEVEN
            OAKS AL MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED LIVING AND MEMORY CARE’S
         FURTHER RESPONSE AND DOCUMENT PRODUCTION TO PLAINTIFFS’ REQUESTS FOR PRODUCTION OF
                                           DOCUMENTS, SET ONE
     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:
 6
       PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT THE
 7   VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED
     LIVING AND MEMORY CARE’S FURTHER RESPONSE AND DOCUMENT PRODUCTION
 8        TO PLAINTIFFS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE

 9   on the parties involved, addressed as follows:

10     Kirsten Fish                                   William C. Wilson
       NEEDHAM, KEPNER & FISH LLP                     Nicholas Prukop
11     1960 The Alameda, Suite 210                    WILSON GETTY LLP
       San Jose, CA 95126                             12555 High Bluff Drive, Suite 270
12     Phone: (408) 261-4226                          San Diego, California 92130
       Fax: (408) 244-7815                            Telephone: 858.847.3237; Facsimile: 858.847.3365
13     E-mail: kfish@nkf-law.com                      Email: bwilson@wilsongetty.com
                                                      Email: nprukop@wilsongetty.com
14     Co-Counsel for Plaintiffs                      Email: jwillard@wilsongetty.com
                                                      Email: jmartinez@wilongetty.com
15
                                                      Attorneys For Defendants THE VILLAGE AT
16                                                    SEVEN OAKS AL MC, LLC Dba THE VILLAGE AT
                                                      SEVEN OAKS ASSISTED LIVING AND MEMORY
17                                                    CARE; SEVEN OAK ASSISTED LIVING AND
                                                      MEMORY CARE LLC (Erroneously Sued And
18                                                    Served As SEVEN OAKS AL & MC); FRONTIER
                                                      MANAGEMENT LLC, FRONTIER SENIOR
19                                                    LIVING, LLC And 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.

23              BY EMAIL/ELECTRONIC SUBMISSION: Only by e-mailing the document(s) listed
                above to the persons at the e-mail address(es) listed on this date pursuant to Code of Civil
24              Procedure § 1010.6 and California Rules of Court Rule 2.251. No electronic message or
                other indication that the transmission was unsuccessful was received within a reasonable
25              time after the submission.
             I declare under penalty of perjury under the laws of the State of California that the foregoing is
26   true and correct. Executed at San Francisco, California on October 30, 2023.
27

28                                                         Ann Williams
                                                            1                               PROOF OF SERVICE