Motion,Ex Parte: 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 (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
14      LOIS CATES; BARBARA NEWTON,               [PROPOSED] ORDER RE: PLAINTIFF’S EX
        Individually; and PAUL CATES,             PARTE APPLICATION FOR ORDER
15      Individually,                             SHORTENING TIME ON HEARING FOR
                                                  PLAINTIFFS’ MOTION TO COMPEL
16                              Plaintiffs,       DEFENDANT THE VILLAGE AT SEVEN
                                                  OAKS AL MC, LLC dba THE VILLAGE AT
17      vs.                                       SEVEN OAKS ASSISTED LIVING AND
                                                  MEMORY CARE’S FURTHER RESPONSE
18                                                AND DOCUMENT PRODUCTION TO
        THE VILLAGE AT SEVEN OAKS AL              PLAINTIFFS’ REQUESTS FOR
        MC, LLC dba THE VILLAGE AT                PRODUCTION OF DOCUMENTS, SET ONE
19      SEVEN OAKS ASSISTED LIVING
        AND MEMORY CARE; SEVEN
20      OAKS AL & MC; FRONTIER                    Date:    November 15, 2023
        MANAGEMENT LLC; FRONTIER
21      SENIOR LIVING, LLC; SAMANTHA              Time:    8:30 a.m.
        DAVIDSON; and DOES 1-50,                  Dept.    17
22      Inclusive,                                Judge:   Hon. Thomas S. Clark

23                     Defendants.                Complaint filed: October 26, 2022
                                                  FAC filed: January 18, 2023
24                                                Preferential Trial Date: January 8, 2024

25                                               JURY TRIAL DEMANDED
26

27
                                                -1-
       [PROPOSED] ORDER RE: PLFS’ EX PARTE APPLICATION FOR OST ON HEARINGS FOR PLTFS’ MTC
         DEF 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                                                RECITALS

 2            WHEREAS Plaintiffs’ Motion to Compel Defendant The Village at Seven Oaks AL MC,

 3   LLC dba The Village at Seven Oaks Assisted Living and Memory Care’s (“Defendant”) Further

 4   Response and Document Production to Plaintiffs’ Request for Production of Documents, Set One

 5   (“Motion to Compel”) was filed on October 30, 2023 and were assigned a hearing date of December

 6   1, 2023;

 7            WHEREAS Plaintiffs applied ex parte to this Court for an order shortening time to hear

 8   Plaintiffs’ Motion to Compel;

 9            WHEREAS Plaintiffs, through their counsel, submitted this ex parte application for hearing

10   on November 15, 2023, to the Kern County Superior Court, located at 1415 Truxtun Ave,

11   Bakersfield, California, before the Honorable Thomas S. Clark.

12                                        FINDINGS AND ORDERS

13            Having carefully reviewed Plaintiffs’ Ex Parte Application, the declaration in support

14   thereof, and the pleadings on file, and based thereon, the Court now FINDS and ORDERS as

15   follows:

16            IT IS HEREBY ORDERED that Plaintiffs’ Motion to Compel Defendant The Village at

17   Seven Oaks AL MC, LLC dba The Village at Seven Oaks Assisted Living and Memory Care’s

18   Further Response and Document Production to Plaintiffs’ Request for Production of Documents, Set

19   One will take place on _______________________, at ___________.m., in Department 17 of this

20   Court. Opposition papers will be due on ___________________. Reply papers will be due on

21   ___________________.

22            IT IS SO ORDERED.

23   Dated:
                                                   Hon. Thomas S. Clark
24                                                 Judge of the Superior Court
25
26

27
                                                -2-
       [PROPOSED] ORDER RE: PLFS’ EX PARTE APPLICATION FOR OST ON HEARINGS FOR PLTFS’ MTC
         DEF 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