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KATHRYN A. STEBNER (SB #121088)
1 KARMAN GUADAGNI (SB #267631)
DEENA ZACHARIN (SB #141249)
2 KELSEY CRAVEN (SB #337179)
BRIAN UMPIERRE (SB #236399)
3 STEBNER GERTLER GAUDAGNI & 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 (SB #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 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 FOR THE COUNTY OF KERN
13 BILLY CATES, Individually and as Case No. BCV-22-102864
Successor-In-Interest to the Estate of LOIS
14 CATES; BARBARA NEWTON, DECLARATION OF KELSEY CRAVEN IN
Individually; and PAUL CATES, SUPPORT OF PLAINTIFFS’ EX PARTE
15 Individually, APPLICATION FOR ORDER
SHORTENING TIME ON HEARING FOR
16 Plaintiffs, PLAINTIFFS’ MOTION TO COMPEL
DEFENDANT THE VILLAGE AT SEVEN
17 vs. OAKS AL MC, LLC dba THE VILLAGE AT
SEVEN OAKS ASSISTED LIVING AND
18 MEMORY CARE’S FURTHER RESPONSE
THE VILLAGE AT SEVEN OAKS AL AND DOCUMENT PRODUCTION TO
MC, LLC dba THE VILLAGE AT SEVEN PLAINTIFFS’ REQUESTS FOR
19 OAKS ASSISTED LIVING AND PRODUCTION OF DOCUMENTS, SET
MEMORY CARE; SEVEN OAKS AL & ONE
20 MC; FRONTIER MANAGEMENT LLC;
FRONTIER SENIOR LIVING, LLC;
21 SAMANTHA DAVIDSON; and DOES 1- Date: November 15, 2023
50, Inclusive, Time: 8:30 a.m.
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Defendants. Dept. 17
23 Judge: Hon. Thomas S. Clark
24 Complaint filed: October 26, 2022
FAC filed: January 18, 2023
25 Preferential Trial Date: January 8, 2024
26 JURY TRIAL DEMANDED
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DECLARATION OF KELSEY CRAVEN ISO PLTF’S EX PARTE APP FOR OST ON HEARING FOR PLTFS’ MTC
DEFENDANT THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED
LIVING AND MEMORY CARE’S FURTHER RESP AND DOC PRODUCTION TO PLTFS’ RFPD, SET ONE
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I, KELSEY CRAVEN, declare:
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1. That I am an attorney at law duly licensed to practice before all courts of the State of
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California and am a member in good standing of the State Bar of California. I am an associate
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attorney at the law firm of Stebner Gertler Guadagni & Kawamoto, and I am counsel for Plaintiffs
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in the above-captioned matter. I am submitting this Declaration in support of Plaintiffs’ Ex Parte
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Application for Order Shortening Time for Hearing for Plaintiffs’ Motion to Compel Defendant The
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Village at Seven Oaks AL MC, LLC dba The Village at Seven Oaks Assisted Living and Memory
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Care’s (“Defendant”) Further Response and Document Production to Plaintiffs’ Request for
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Production of Documents, Set One (“Motion to Compel”). I have personal knowledge as to the
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facts stated herein and, if called upon to do so, could and would competently testify thereto.
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2. Plaintiffs request that this Court hear Plaintiffs’ Motion to Compel on shortened time.
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3. Plaintiff filed their Complaint in the above-captioned matter on October 26, 2022 and
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filed their First Amended Complaint on January 18, 2023. All parties to this action have been
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served with the First Amended Complaint. This matter has been set for preferential trial to
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commence on January 8, 2024.
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4. Plaintiffs filed their Motion to Compel and supporting documents on October 30,
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2023. All parties to this action have been served with the Motion to Compel and supporting
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documents.
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5. The hearing for Plaintiffs’ Motion to Compel has been scheduled for December 1,
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2023 at 8:30 A.M. in Department 17.
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6. The current hearing date of December 1, 2023 for Plaintiffs’ Motion to Compel is
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only ten (10) days before the non-expert discovery cutoff on December 11, 2023, twenty-five (25)
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days before the non-experty discovery motion cutoff on December 26, 2023, and thirty-eight (38)
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days before trial begins in this matter on January 8, 2024.
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7. Good cause exists to grant this Ex Parte Application for an Order Shortening Time
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for Hearing on Plaintiffs’ Motion to Compel to prevent prejudicing Plaintiffs’ interest in this
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DECLARATION OF KELSEY CRAVEN ISO PLTF’S EX PARTE APP FOR OST ON HEARING FOR PLTFS’ MTC
DEFENDANT THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED
LIVING AND MEMORY CARE’S FURTHER RESP AND DOC PRODUCTION TO PLTFS’ RFPD, SET ONE
1 litigation due to Defendant’s failure to timely, and in good faith, comply with the discovery process
2 and produce responsive documents. This ex parte application is made on the grounds that the
3 ongoing failure and/or refusal by Defendant to produce responsive documents and adequate written
4 responses to Plaintiffs’ Request for Production of Documents, Set One justifies Plaintiffs’ need to
5 file an ex parte application for an order shortening time in order for the Court to order Defendant to
6 comply with their obligations under the discovery statute. The discovery sought by Plaintiffs’
7 Motion to Compel are essential for Plaintiffs’ preparation for trial. This ex parte application is
8 being timely sought after numerous attempts to meet and confer with Defendant’s counsel to resolve
9 these issues informally. Further, the relief sought herein will not cause undue prejudice to
10 Defendant.
11 8. On November 8, 2023, all parties to this action were notified by email that Plaintiffs’
12 attorneys would be seeking this ex parte application on November 15, 2023 at 8:30 a.m., in
13 Department 17 of the Kern County Superior Court, located at 1415 Truxtun Ave, Bakersfield,
14 California, before the Honorable Thomas S. Clark.
15 I declare under penalty of perjury under the laws of the state of California that the foregoing
16 is true and correct. Executed this 8th day of November 2023, at San Francisco, California.
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20 KELSEY CRAVEN
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DECLARATION OF KELSEY CRAVEN ISO PLTF’S EX PARTE APP FOR OST ON HEARING FOR PLTFS’ MTC
DEFENDANT THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED
LIVING AND MEMORY CARE’S FURTHER RESP AND DOC PRODUCTION TO PLTFS’ RFPD, 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
DECLARATION OF KELSEY CRAVEN IN SUPPORT OF PLAINTIFFS’ EX PARTE
7 APPLICATION FOR ORDER SHORTENING TIME ON HEARING FOR PLAINTIFFS’
MOTION TO COMPEL DEFENDANT THE VILLAGE AT SEVEN OAKS AL MC, LLC dba
8 THE VILLAGE AT SEVEN OAKS ASSISTED LIVING AND MEMORY CARE’S FURTHER
RESPONSE AND DOCUMENT PRODUCTION TO PLAINTIFFS’ REQUESTS FOR
9 PRODUCTION OF DOCUMENTS, SET ONE
10 on the parties involved, addressed as follows:
Kirsten Fish William C. Wilson
11 NEEDHAM, KEPNER & FISH LLP Nicholas Prukop
1960 The Alameda, Suite 210 WILSON GETTY LLP
12 San Jose, CA 95126 12555 High Bluff Drive, Suite 270
Phone: (408) 261-4226 San Diego, California 92130
13 Fax: (408) 244-7815 Telephone: 858.847.3237; Facsimile: 858.847.3365
E-mail: kfish@nkf-law.com Email: bwilson@wilsongetty.com
14 Email: nprukop@wilsongetty.com
Co-Counsel for Plaintiffs Email: jwillard@wilsongetty.com
15 Email: jmartinez@wilongetty.com
16 Attorneys For Defendants THE VILLAGE AT
SEVEN OAKS AL MC, LLC Dba THE VILLAGE AT
17 SEVEN OAKS ASSISTED LIVING AND MEMORY
CARE; SEVEN OAK ASSISTED LIVING AND
18 MEMORY CARE LLC (Erroneously Sued And
Served As SEVEN OAKS AL & MC); FRONTIER
19 MANAGEMENT LLC, FRONTIER SENIOR
LIVING, LLC And SAMANTHA DAVIDSON
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X BY ELECTRONIC SERVICE: I electronically filed the document(s) listed above with
21 the Clerk of the Court by using the Court’s approved E-filing provider, One Legal, and
caused a copy of said document(s) to be E-Served through One Legal to the persons at the e-
22 mail address(es) listed above on this date. No electronic message or other indication that the
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
24 above to the persons at the e-mail address(es) listed on this date pursuant to Code of Civil
Procedure § 1010.6 and California Rules of Court Rule 2.251. No electronic message or
25 other indication that the transmission was unsuccessful was received within a reasonable
time after the submission.
26 I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed at San Francisco, California on November 8, 2023.
27
28 Ann Williams
1 PROOF OF SERVICE
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KATHRYN A. STEBNER (SB #121088) 1 KARMAN GUADAGNI (SB #267631) DEENA ZACHARIN (SB #141249) 2 KELSEY CRAVEN (SB #337179) BRIAN UMPIERRE (SB #236399) 3 STEBNER GERTLER GAUDAGNI & 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 (SB #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 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF KERN 13 BILLY CATES, Individually and as Case No. BCV-22-102864 Successor-In-Interest to the Estate of LOIS 14 CATES; BARBARA NEWTON, DECLARATION OF KELSEY CRAVEN IN Individually; and PAUL CATES, SUPPORT OF PLAINTIFFS’ EX PARTE 15 Individually, APPLICATION FOR ORDER SHORTENING TIME ON HEARING FOR 16 Plaintiffs, PLAINTIFFS’ MOTION TO COMPEL DEFENDANT THE VILLAGE AT SEVEN 17 vs. OAKS AL MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED LIVING AND 18 MEMORY CARE’S FURTHER RESPONSE THE VILLAGE AT SEVEN OAKS AL AND DOCUMENT PRODUCTION TO MC, LLC dba THE VILLAGE AT SEVEN PLAINTIFFS’ REQUESTS FOR 19 OAKS ASSISTED LIVING AND PRODUCTION OF DOCUMENTS, SET MEMORY CARE; SEVEN OAKS AL & ONE 20 MC; FRONTIER MANAGEMENT LLC; FRONTIER SENIOR LIVING, LLC; 21 SAMANTHA DAVIDSON; and DOES 1- Date: November 15, 2023 50, Inclusive, Time: 8:30 a.m. 22 Defendants. Dept. 17 23 Judge: Hon. Thomas S. Clark 24 Complaint filed: October 26, 2022 FAC filed: January 18, 2023 25 Preferential Trial Date: January 8, 2024 26 JURY TRIAL DEMANDED 27 -1- DECLARATION OF KELSEY CRAVEN ISO PLTF’S EX PARTE APP FOR OST ON HEARING FOR PLTFS’ MTC DEFENDANT THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED LIVING AND MEMORY CARE’S FURTHER RESP AND DOC PRODUCTION TO PLTFS’ RFPD, SET ONE 1 I, KELSEY CRAVEN, declare: 2 1. That I am an attorney at law duly licensed to practice before all courts of the State of 3 California and am a member in good standing of the State Bar of California. I am an associate 4 attorney at the law firm of Stebner Gertler Guadagni & Kawamoto, and I am counsel for Plaintiffs 5 in the above-captioned matter. I am submitting this Declaration in support of Plaintiffs’ Ex Parte 6 Application for Order Shortening Time for Hearing for Plaintiffs’ Motion to Compel Defendant The 7 Village at Seven Oaks AL MC, LLC dba The Village at Seven Oaks Assisted Living and Memory 8 Care’s (“Defendant”) Further Response and Document Production to Plaintiffs’ Request for 9 Production of Documents, Set One (“Motion to Compel”). I have personal knowledge as to the 10 facts stated herein and, if called upon to do so, could and would competently testify thereto. 11 2. Plaintiffs request that this Court hear Plaintiffs’ Motion to Compel on shortened time. 12 3. Plaintiff filed their Complaint in the above-captioned matter on October 26, 2022 and 13 filed their First Amended Complaint on January 18, 2023. All parties to this action have been 14 served with the First Amended Complaint. This matter has been set for preferential trial to 15 commence on January 8, 2024. 16 4. Plaintiffs filed their Motion to Compel and supporting documents on October 30, 17 2023. All parties to this action have been served with the Motion to Compel and supporting 18 documents. 19 5. The hearing for Plaintiffs’ Motion to Compel has been scheduled for December 1, 20 2023 at 8:30 A.M. in Department 17. 21 6. The current hearing date of December 1, 2023 for Plaintiffs’ Motion to Compel is 22 only ten (10) days before the non-expert discovery cutoff on December 11, 2023, twenty-five (25) 23 days before the non-experty discovery motion cutoff on December 26, 2023, and thirty-eight (38) 24 days before trial begins in this matter on January 8, 2024. 25 7. Good cause exists to grant this Ex Parte Application for an Order Shortening Time 26 for Hearing on Plaintiffs’ Motion to Compel to prevent prejudicing Plaintiffs’ interest in this 27 -2- DECLARATION OF KELSEY CRAVEN ISO PLTF’S EX PARTE APP FOR OST ON HEARING FOR PLTFS’ MTC DEFENDANT THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED LIVING AND MEMORY CARE’S FURTHER RESP AND DOC PRODUCTION TO PLTFS’ RFPD, SET ONE 1 litigation due to Defendant’s failure to timely, and in good faith, comply with the discovery process 2 and produce responsive documents. This ex parte application is made on the grounds that the 3 ongoing failure and/or refusal by Defendant to produce responsive documents and adequate written 4 responses to Plaintiffs’ Request for Production of Documents, Set One justifies Plaintiffs’ need to 5 file an ex parte application for an order shortening time in order for the Court to order Defendant to 6 comply with their obligations under the discovery statute. The discovery sought by Plaintiffs’ 7 Motion to Compel are essential for Plaintiffs’ preparation for trial. This ex parte application is 8 being timely sought after numerous attempts to meet and confer with Defendant’s counsel to resolve 9 these issues informally. Further, the relief sought herein will not cause undue prejudice to 10 Defendant. 11 8. On November 8, 2023, all parties to this action were notified by email that Plaintiffs’ 12 attorneys would be seeking this ex parte application on November 15, 2023 at 8:30 a.m., in 13 Department 17 of the Kern County Superior Court, located at 1415 Truxtun Ave, Bakersfield, 14 California, before the Honorable Thomas S. Clark. 15 I declare under penalty of perjury under the laws of the state of California that the foregoing 16 is true and correct. Executed this 8th day of November 2023, at San Francisco, California. 17 18 19 ____________________________________ 20 KELSEY CRAVEN 21 22 23 24 25 26 27 -3- DECLARATION OF KELSEY CRAVEN ISO PLTF’S EX PARTE APP FOR OST ON HEARING FOR PLTFS’ MTC DEFENDANT THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED LIVING AND MEMORY CARE’S FURTHER RESP AND DOC PRODUCTION TO PLTFS’ RFPD, 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 DECLARATION OF KELSEY CRAVEN IN SUPPORT OF PLAINTIFFS’ EX PARTE 7 APPLICATION FOR ORDER SHORTENING TIME ON HEARING FOR PLAINTIFFS’ MOTION TO COMPEL DEFENDANT THE VILLAGE AT SEVEN OAKS AL MC, LLC dba 8 THE VILLAGE AT SEVEN OAKS ASSISTED LIVING AND MEMORY CARE’S FURTHER RESPONSE AND DOCUMENT PRODUCTION TO PLAINTIFFS’ REQUESTS FOR 9 PRODUCTION OF DOCUMENTS, SET ONE 10 on the parties involved, addressed as follows: Kirsten Fish William C. Wilson 11 NEEDHAM, KEPNER & FISH LLP Nicholas Prukop 1960 The Alameda, Suite 210 WILSON GETTY LLP 12 San Jose, CA 95126 12555 High Bluff Drive, Suite 270 Phone: (408) 261-4226 San Diego, California 92130 13 Fax: (408) 244-7815 Telephone: 858.847.3237; Facsimile: 858.847.3365 E-mail: kfish@nkf-law.com Email: bwilson@wilsongetty.com 14 Email: nprukop@wilsongetty.com Co-Counsel for Plaintiffs Email: jwillard@wilsongetty.com 15 Email: jmartinez@wilongetty.com 16 Attorneys For Defendants THE VILLAGE AT SEVEN OAKS AL MC, LLC Dba THE VILLAGE AT 17 SEVEN OAKS ASSISTED LIVING AND MEMORY CARE; SEVEN OAK ASSISTED LIVING AND 18 MEMORY CARE LLC (Erroneously Sued And Served As SEVEN OAKS AL & MC); FRONTIER 19 MANAGEMENT LLC, FRONTIER SENIOR LIVING, LLC And SAMANTHA DAVIDSON 20 X BY ELECTRONIC SERVICE: I electronically filed the document(s) listed above with 21 the Clerk of the Court by using the Court’s approved E-filing provider, One Legal, and caused a copy of said document(s) to be E-Served through One Legal to the persons at the e- 22 mail address(es) listed above on this date. No electronic message or other indication that the 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 24 above to the persons at the e-mail address(es) listed on this date pursuant to Code of Civil Procedure § 1010.6 and California Rules of Court Rule 2.251. No electronic message or 25 other indication that the transmission was unsuccessful was received within a reasonable time after the submission. 26 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at San Francisco, California on November 8, 2023. 27 28 Ann Williams 1 PROOF OF SERVICE