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

• 
• 
• 
• 

						
                                
Preview
                                1   KATHRYN A. STEBNER (SBN 121088)
     KARMAN GUADAGNI (SBN 267631)
 2   DEENA ZACHARIN (SBN 141249)
     KELSEY CRAVEN (SBN 337179)
 3   BRIAN UMPIERRE (SBN 236399)
     STEBNER GERTLER GUADAGNI & KAWAMOTO
 4   A Professional Law Corporation
     870 Market Street, Suite 1285
 5   San Francisco, CA 94102
     Tel: (415) 362-9800
 6   Fax: (415) 362-9801

 7   KIRSTEN FISH (SB #217940)
     NEEDHAM KEPNER & FISH LLP
 8   1960 The Alameda, Suite 210
     San Jose, CA 95126
 9   Tel: (408) 244-2166
10   Fax: (408) 244-7815

11   Attorneys for Plaintiffs

12                              SUPERIOR COURT OF THE STATE OF CALIFORNIA

13                                        IN AND FOR THE COUNTY OF KERN

14   BILLY CATES, Individually and as                CASE NO. BCV-22-102864
     Successor-In-Interest to the Estate of LOIS
15   CATES; BARBARA NEWTON, Individually;            [PROPOSED] ORDER GRANTING
     and PAUL CATES, Individually,                   PLAINTIFFS’ MOTION TO COMPEL
16                                                   DEFENDANT THE VILLAGE AT SEVEN
                            Plaintiffs,              OAKS AL MC, LLC dba THE VILLAGE AT
17                                                   SEVEN OAKS ASSISTED LIVING AND
     vs.                                             MEMORY CARE’S FURTHER RESPONSE
18                                                   AND DOCUMENT PRODUCTION TO
     THE VILLAGE AT SEVEN OAKS AL MC,                PLAINTIFFS’ REQUESTS FOR
19   LLC dba THE VILLAGE AT SEVEN OAKS               PRODUCTION OF DOCUMENTS, SET ONE
     ASSISTED LIVING AND MEMORY CARE;
20   SEVEN OAKS AL & MC; FRONTIER
     MANAGEMENT LLC; FRONTIER SENIOR                 Date: December 1, 2023
21   LIVING, LLC; SAMANTHA DAVIDSON;                 Time: 8:30 a.m.
     and DOES 1-50, Inclusive,                       Place: Dept. 17
                                                     Judge: Hon. Thomas S. Clark
22
                            Defendants.
                                                     Complaint filed: October 26, 2022
23                                                   First Amended Complaint filed: January 18, 2023
                                                     Preferential Trial Date: January 8, 2024
24
                                                     JURY TRIAL DEMANDED
25

26
27

28                                                   1
           [PROPOSED] ORDER GRANTING PLTFS’ MTC DEF 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 PLTFS’ RFPD, SET ONE
 1            On _________________, 2023, at ____ __.m., in Dept. 17, in the above-entitled Court,

 2   Plaintiffs’ Motion to Compel Defendant THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE

 3   VILLAGE AT SEVEN OAKS ASSISTED LIVING AND MEMORY CARE (“Defendant”) to

 4   provide further responses and responsive documents to Plaintiffs’ Request for Production of

 5   Documents, Set One (“Motion to Compel”) came on regularly for hearing before this department,

 6   with all appearances as noted on the record. Upon consideration of Plaintiffs’ Motion to Compel, the

 7   Memorandum of Points and Authorities, the Declaration of Plaintiffs’ counsel in Support of

 8   Plaintiffs’ Motion to Compel, all other related papers, oral argument, and good cause having been

 9   shown,

10            IT IS HEREBY ORDERED THAT:

11            1.     Plaintiffs’ Motion to Compel is GRANTED.

12            2.     Defendant must provide verified further responses to and produce documents requested

13   in Plaintiffs’ Request for Production of Documents, Set One, Request Nos. 1, 5-6, 8, 11-12, 16-19, 21-

14   23, 25-26, 28-32, 38, and 40 with corresponding verifications within seven (7) calendar days of this

15   order.

16            IT IS SO ORDERED.

17
     Dated:
18
      _______________________
19                                                       Hon. Thomas S. Clark
                                                         Judge, Superior Court of California
20

21

22

23

24

25

26
27

28                                                2
        [PROPOSED] ORDER GRANTING PLTFS’ MTC DEF 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 PLTFS’ RFPD, SET ONE