Preview
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, MEMORANDUM OF POINTS AND
Individually; and PAUL CATES, AUTHORITIES IN SUPPORT OF
15 Individually, PLAINTIFFS’ EX PARTE APPLICATION FOR
ORDER SHORTENING TIME ON HEARING
16 Plaintiffs, FOR 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 PLAINTIFFS’ REQUESTS FOR
19 SEVEN OAKS ASSISTED LIVING PRODUCTION OF DOCUMENTS, SET ONE
AND MEMORY CARE; SEVEN OAKS
20 AL & MC; FRONTIER
MANAGEMENT LLC; FRONTIER
21 SENIOR LIVING, LLC; SAMANTHA Date: November 15, 2023
DAVIDSON; and DOES 1-50, 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
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MPA 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 INTRODUCTION
2 Plaintiffs apply ex parte to this Court for an order shortening time to hear Plaintiffs Motion
3 to Compel Defendants’ Further Responses to Plaintiffs’ Motion to Compel Defendant The Village at
4 Seven Oaks AL MC, LLC dba The Village at Seven Oaks Assisted Living and Memory Care’s
5 (“Defendant”) Further Response and Document Production to Plaintiffs’ Request for Production of
6 Documents, Set One (“Motion to Compel”). Plaintiffs filed their Complaint in the above-captioned
7 matter on October 26, 2022 and filed their First Amended Complaint on January 18, 2023. All
8 parties to this action have been served with the First Amended Complaint. (Declaration of Kelsey
9 Craven in Support of Plaintiffs’ Ex Parte Application for Order Shortening Time on Plaintiffs’
10 Motion to Compel [“Craven Decl.”], ¶ 3.)
11 Plaintiffs filed their Motion to Compel and supporting documents on October 30, 2023 and
12 the Motion to Compel was assigned a hearing date of December 1, 2023. All parties to this action
13 have been served with Plaintiffs’ Motion to Compel and supporting documents. This matter has
14 been set for preferential trial commencing on January 8, 2024 and discovery deadlines are fast
15 approaching, including the non-expert discovery cutoff on December 11, 2023 and the non-expert
16 discovery motion cutoff on December 26, 2023. (Id., ¶¶ 4-6.)
17 On November 7, 2023, all parties to this action were notified that Plaintiffs’ attorneys would
18 be making this ex parte application to hear their Motion to Compel on shortened time and that the ex
19 parte application would be made on November 15, 2023 at 8:30 a.m. in Department 17. (Id., ¶ 8.)
20 GOOD CAUSE EXISTS TO GRANT THIS EX PARTE APPLICATION
FOR AN ORDER SHORTENING TIME
21
22 Good cause exists to grant this Ex Parte Application for an Order Shortening Time for
23 Hearing Plaintiffs’ Motion to Compel to prevent prejudicing Plaintiffs’ interest in this litigation due
24 to Defendant’s failure to timely, and in good faith, comply with the discovery process. This ex parte
25 application is made on the grounds that the ongoing failure and/or refusal by Defendant to produce
26 responsive documents and adequate written responses to Plaintiffs’ Request for Production of
27
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MPA 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 Documents, Set One justifies Plaintiffs’ need to file an ex parte application for an order shortening
2 time in order for the Court to order Defendants to comply with their obligations under the discovery
3 statute. (Id., ¶ 7.)
4 This matter is set for preferential trial commencing January 8, 2024, and the discovery
5 sought by Plaintiffs’ Motion to Compel is essential for Plaintiffs’ preparation for trial. This ex parte
6 application is being timely sought after numerous attempts to meet and confer with Defendants’
7 counsel to resolve these issues informally. (Id.)
8 The hearing for Plaintiffs’ Motion to Compel have been scheduled for December 1, 2023 at
9 8:30 A.M. in Department 17. The current hearing date of December 1, 2023 for Plaintiffs’ Motion to
10 Compel is only ten (10) days before the non-expert discovery cutoff on December 11, 2023, twenty-
11 five (25) days before the non-experty discovery motion cutoff on December 26, 2023, and thirty-
12 eight (38) days before trial begins in this matter on January 8, 2024. . (Id., ¶¶ 5-6.) This timeline
13 makes subsequent intervention by the Court impossible if an issue arises regarding any discovery
14 which may be compelled under Plaintiffs’ motion.
15 Further, the relief sought herein will not cause undue prejudice to Defendants. As set forth in
16 the concurrently filed Declaration of Kelsey Craven, all parties have been provided with timely and
17 adequate notice of this Ex Parte Application in accordance with California Rule of Court, Rule
18 3.1203. (Id., ¶ 8.)
19 CONCLUSION
20 Wherefore, Plaintiffs respectfully request that this Court grant this ex parte application for
21 an order shortening time for hearing on Plaintiffs’ Motion to Compel.
22 ///
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24 ///
25 ///
26 ///
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MPA 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 Respectfully submitted,
2 DATED: November 7, 2023 STEBNER GERTLER GUADAGNI & KAWAMOTO
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By:
5 Kathryn A. Stebner
Karman Guadagni
6 Deena K. Zacharin
Kelsey Craven
7 Brian Umpierre
Attorneys for Plaintiffs
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MPA 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
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ EX
7 PARTE APPLICATION FOR ORDER SHORTENING TIME ON HEARING FOR
PLAINTIFFS’ MOTION TO COMPEL DEFENDANT THE VILLAGE AT SEVEN OAKS AL
8 MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED LIVING AND MEMORY
CARE’S FURTHER RESPONSE AND DOCUMENT PRODUCTION TO PLAINTIFFS’
9 REQUESTS FOR 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
Preview
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, MEMORANDUM OF POINTS AND Individually; and PAUL CATES, AUTHORITIES IN SUPPORT OF 15 Individually, PLAINTIFFS’ EX PARTE APPLICATION FOR ORDER SHORTENING TIME ON HEARING 16 Plaintiffs, FOR 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 PLAINTIFFS’ REQUESTS FOR 19 SEVEN OAKS ASSISTED LIVING PRODUCTION OF DOCUMENTS, SET ONE AND MEMORY CARE; SEVEN OAKS 20 AL & MC; FRONTIER MANAGEMENT LLC; FRONTIER 21 SENIOR LIVING, LLC; SAMANTHA Date: November 15, 2023 DAVIDSON; and DOES 1-50, 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- MPA 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 INTRODUCTION 2 Plaintiffs apply ex parte to this Court for an order shortening time to hear Plaintiffs Motion 3 to Compel Defendants’ Further Responses to Plaintiffs’ Motion to Compel Defendant The Village at 4 Seven Oaks AL MC, LLC dba The Village at Seven Oaks Assisted Living and Memory Care’s 5 (“Defendant”) Further Response and Document Production to Plaintiffs’ Request for Production of 6 Documents, Set One (“Motion to Compel”). Plaintiffs filed their Complaint in the above-captioned 7 matter on October 26, 2022 and filed their First Amended Complaint on January 18, 2023. All 8 parties to this action have been served with the First Amended Complaint. (Declaration of Kelsey 9 Craven in Support of Plaintiffs’ Ex Parte Application for Order Shortening Time on Plaintiffs’ 10 Motion to Compel [“Craven Decl.”], ¶ 3.) 11 Plaintiffs filed their Motion to Compel and supporting documents on October 30, 2023 and 12 the Motion to Compel was assigned a hearing date of December 1, 2023. All parties to this action 13 have been served with Plaintiffs’ Motion to Compel and supporting documents. This matter has 14 been set for preferential trial commencing on January 8, 2024 and discovery deadlines are fast 15 approaching, including the non-expert discovery cutoff on December 11, 2023 and the non-expert 16 discovery motion cutoff on December 26, 2023. (Id., ¶¶ 4-6.) 17 On November 7, 2023, all parties to this action were notified that Plaintiffs’ attorneys would 18 be making this ex parte application to hear their Motion to Compel on shortened time and that the ex 19 parte application would be made on November 15, 2023 at 8:30 a.m. in Department 17. (Id., ¶ 8.) 20 GOOD CAUSE EXISTS TO GRANT THIS EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME 21 22 Good cause exists to grant this Ex Parte Application for an Order Shortening Time for 23 Hearing Plaintiffs’ Motion to Compel to prevent prejudicing Plaintiffs’ interest in this litigation due 24 to Defendant’s failure to timely, and in good faith, comply with the discovery process. This ex parte 25 application is made on the grounds that the ongoing failure and/or refusal by Defendant to produce 26 responsive documents and adequate written responses to Plaintiffs’ Request for Production of 27 -2- MPA 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 Documents, Set One justifies Plaintiffs’ need to file an ex parte application for an order shortening 2 time in order for the Court to order Defendants to comply with their obligations under the discovery 3 statute. (Id., ¶ 7.) 4 This matter is set for preferential trial commencing January 8, 2024, and the discovery 5 sought by Plaintiffs’ Motion to Compel is essential for Plaintiffs’ preparation for trial. This ex parte 6 application is being timely sought after numerous attempts to meet and confer with Defendants’ 7 counsel to resolve these issues informally. (Id.) 8 The hearing for Plaintiffs’ Motion to Compel have been scheduled for December 1, 2023 at 9 8:30 A.M. in Department 17. The current hearing date of December 1, 2023 for Plaintiffs’ Motion to 10 Compel is only ten (10) days before the non-expert discovery cutoff on December 11, 2023, twenty- 11 five (25) days before the non-experty discovery motion cutoff on December 26, 2023, and thirty- 12 eight (38) days before trial begins in this matter on January 8, 2024. . (Id., ¶¶ 5-6.) This timeline 13 makes subsequent intervention by the Court impossible if an issue arises regarding any discovery 14 which may be compelled under Plaintiffs’ motion. 15 Further, the relief sought herein will not cause undue prejudice to Defendants. As set forth in 16 the concurrently filed Declaration of Kelsey Craven, all parties have been provided with timely and 17 adequate notice of this Ex Parte Application in accordance with California Rule of Court, Rule 18 3.1203. (Id., ¶ 8.) 19 CONCLUSION 20 Wherefore, Plaintiffs respectfully request that this Court grant this ex parte application for 21 an order shortening time for hearing on Plaintiffs’ Motion to Compel. 22 /// 23 /// 24 /// 25 /// 26 /// 27 -3- MPA 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 Respectfully submitted, 2 DATED: November 7, 2023 STEBNER GERTLER GUADAGNI & KAWAMOTO 3 4 By: 5 Kathryn A. Stebner Karman Guadagni 6 Deena K. Zacharin Kelsey Craven 7 Brian Umpierre Attorneys for Plaintiffs 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -4- MPA 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 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ EX 7 PARTE APPLICATION FOR ORDER SHORTENING TIME ON HEARING FOR PLAINTIFFS’ MOTION TO COMPEL DEFENDANT THE VILLAGE AT SEVEN OAKS AL 8 MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED LIVING AND MEMORY CARE’S FURTHER RESPONSE AND DOCUMENT PRODUCTION TO PLAINTIFFS’ 9 REQUESTS FOR 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