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 ATTENDANCE AT DEPOSITION; REQUEST
Plaintiffs, FOR SANCTIONS
17
vs.
18 Date: January 3, 2024
THE VILLAGE AT SEVEN OAKS AL MC, Time: 8:30 a.m.
19 LLC dba THE VILLAGE AT SEVEN OAKS Place: Dept. 17
ASSISTED LIVING AND MEMORY CARE; Judge: Hon. Thomas S. Clark
20 SEVEN OAKS AL & MC; FRONTIER
MANAGEMENT LLC; FRONTIER SENIOR Complaint filed: October 26, 2022
LIVING, LLC; SAMANTHA DAVIDSON; First Amended Complaint filed: January 18, 2023
21 Preferential Trial Date: January 8, 2024
and DOES 1-50, Inclusive,
22 JURY TRIAL DEMANDED
Defendants.
23
24
25 On _________________, 2023, at ____ __.m., in Dept. ___, in the above-entitled Court,
26 Plaintiffs’ Motion to Compel Defendant THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE
27 VILLAGE AT SEVEN OAKS ASSISTED LIVING AND MEMORY CARE, SEVEN OAKS AL &
28
1
[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL ATTENDANCE AT DEPOSITION;
REQUEST FOR SANCTIONS
1 MC; FRONTIER MANAGEMENT LLC, FRONTIER SENIOR LIVING, LLC, and SAMANTHA
2 DAVIDSON (collectively referred to herein as “Defendants”) to provide dates certain for the
3 depositions of witnesses pursuant to Plaintiffs’ properly served Notices of Taking Depositions
4 (“Motion to Compel”) came on regularly for hearing before this department, with all appearances as
5 noted on the record. Upon consideration of Plaintiffs’ Motion to Compel, the Memorandum of Points
6 and Authorities, the Declaration of Plaintiffs’ counsel in Support of Plaintiffs’ Motion to Compel, all
7 other related papers, oral argument, and good cause having been shown,
8 IT IS HEREBY ORDERED THAT:
9 1. Plaintiffs’ Motion to Compel is GRANTED.
10 2. Defendants must provide mutually available dates certain for each of the witnesses
11 listed in Plaintiff’s Notices of Deposition within three (3) calendar days of this motion for depositions
12 and to produce the requested deponents for deposition within seven (7) days and/or provide last known
13 contact information within three (3) calendar days of this motion for any witness they are unable to
14 contact, produce and/or represent, for the witnesses: Edie Cano, Heidi Shafer, Minerva Guzman,
15 Mikayla Arellano, Redonna Massey and Sandra Cupa, as requested in Plaintiffs’ Notice of Deposition
16 dated October 2, 2023.
17 3. Defendants must provide mutually available dates certain for each of the witnesses
18 listed in Plaintiff’s Notices of Deposition within three (3) calendar days of this motion for depositions
19 and to produce the requested deponents for deposition within seven (7) days and/or provide last known
20 contact information within three (3) calendar days of this motion for any witness they are unable to
21 contact, produce and/or represent, for the witnesses: Samantha Davidson, Person(s) Most
22 Knowledgeable (“PMK”) regarding staffing at The Village at Seven Oaks Assisted Living and
23 Memory Care (herein “Facility”) during Lois Cates’s admission to the Facility, PMK regarding the
24 investigation conducted by Defendants or any agent thereof regarding the incident as alleged in
25 Plaintiffs’ Complaint, PMK regarding Kelland “Keck” Lancaster’s aggressive behaviors at the
26 Facility, Caregiver(s) assigned to the Memory Care Unit at the Facility during the PM shift on
27 November 15, 2021, Medication Technician(s) assigned to the Memory Care Unit at the Facility
28
2
[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL ATTENDANCE AT DEPOSITION;
REQUEST FOR SANCTIONS
1 during the PM shift on November 15, 2021, and the Supervisor of the direct care staff assigned to the
2 Memory Care Unit at the Facility during the PM shift on November 15, 2021, as requested in
3 Plaintiffs’ Notice of Deposition dated October 23, 2023.
4 4. Defendants must provide mutually available dates certain for each of the witnesses
5 listed in Plaintiff’s Notices of Deposition within three (3) calendar days of this motion for depositions
6 and to produce the requested deponents for deposition within seven (7) days and/or provide last known
7 contact information within three (3) calendar days of this motion for any witness they are unable to
8 contact, produce and/or represent, for the witnesses: the supervisor of Rickay Hidalgo; the Regional
9 Nurse assigned to The Village at Seven Oaks Assisted Living and Memory Care (herein “Facility”)
10 during the time period of May 1, 2019, to and including January 1, 2022; the Vice President of
11 Regulatory Compliance (or equivalent) assigned to the Facility during the time period of May 1, 2019,
12 to and including January 1, 2022; and the Health Services Director (or equivalent) assigned to the
13 Facility during the time period of May 1, 2019, to and including January 1, 2022, as requested in
14 Plaintiffs’ Notice of Deposition dated November 7, 2023.
15 5. Plaintiffs’ request for monetary sanctions against Defendants in the amount of
16 $5,560.00 is granted.
17 6. Plaintiffs’ request for issue and/or evidence sanctions is granted.
18 IT IS SO ORDERED.
19 Dated:
20 _______________________
Hon. Thomas S. Clark
21 Judge, Superior Court of California
22
23
24
25
26
27
28
3
[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL ATTENDANCE AT DEPOSITION;
REQUEST FOR SANCTIONS
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 ATTENDANCE AT DEPOSITION; REQUEST Plaintiffs, FOR SANCTIONS 17 vs. 18 Date: January 3, 2024 THE VILLAGE AT SEVEN OAKS AL MC, Time: 8:30 a.m. 19 LLC dba THE VILLAGE AT SEVEN OAKS Place: Dept. 17 ASSISTED LIVING AND MEMORY CARE; Judge: Hon. Thomas S. Clark 20 SEVEN OAKS AL & MC; FRONTIER MANAGEMENT LLC; FRONTIER SENIOR Complaint filed: October 26, 2022 LIVING, LLC; SAMANTHA DAVIDSON; First Amended Complaint filed: January 18, 2023 21 Preferential Trial Date: January 8, 2024 and DOES 1-50, Inclusive, 22 JURY TRIAL DEMANDED Defendants. 23 24 25 On _________________, 2023, at ____ __.m., in Dept. ___, in the above-entitled Court, 26 Plaintiffs’ Motion to Compel Defendant THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE 27 VILLAGE AT SEVEN OAKS ASSISTED LIVING AND MEMORY CARE, SEVEN OAKS AL & 28 1 [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL ATTENDANCE AT DEPOSITION; REQUEST FOR SANCTIONS 1 MC; FRONTIER MANAGEMENT LLC, FRONTIER SENIOR LIVING, LLC, and SAMANTHA 2 DAVIDSON (collectively referred to herein as “Defendants”) to provide dates certain for the 3 depositions of witnesses pursuant to Plaintiffs’ properly served Notices of Taking Depositions 4 (“Motion to Compel”) came on regularly for hearing before this department, with all appearances as 5 noted on the record. Upon consideration of Plaintiffs’ Motion to Compel, the Memorandum of Points 6 and Authorities, the Declaration of Plaintiffs’ counsel in Support of Plaintiffs’ Motion to Compel, all 7 other related papers, oral argument, and good cause having been shown, 8 IT IS HEREBY ORDERED THAT: 9 1. Plaintiffs’ Motion to Compel is GRANTED. 10 2. Defendants must provide mutually available dates certain for each of the witnesses 11 listed in Plaintiff’s Notices of Deposition within three (3) calendar days of this motion for depositions 12 and to produce the requested deponents for deposition within seven (7) days and/or provide last known 13 contact information within three (3) calendar days of this motion for any witness they are unable to 14 contact, produce and/or represent, for the witnesses: Edie Cano, Heidi Shafer, Minerva Guzman, 15 Mikayla Arellano, Redonna Massey and Sandra Cupa, as requested in Plaintiffs’ Notice of Deposition 16 dated October 2, 2023. 17 3. Defendants must provide mutually available dates certain for each of the witnesses 18 listed in Plaintiff’s Notices of Deposition within three (3) calendar days of this motion for depositions 19 and to produce the requested deponents for deposition within seven (7) days and/or provide last known 20 contact information within three (3) calendar days of this motion for any witness they are unable to 21 contact, produce and/or represent, for the witnesses: Samantha Davidson, Person(s) Most 22 Knowledgeable (“PMK”) regarding staffing at The Village at Seven Oaks Assisted Living and 23 Memory Care (herein “Facility”) during Lois Cates’s admission to the Facility, PMK regarding the 24 investigation conducted by Defendants or any agent thereof regarding the incident as alleged in 25 Plaintiffs’ Complaint, PMK regarding Kelland “Keck” Lancaster’s aggressive behaviors at the 26 Facility, Caregiver(s) assigned to the Memory Care Unit at the Facility during the PM shift on 27 November 15, 2021, Medication Technician(s) assigned to the Memory Care Unit at the Facility 28 2 [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL ATTENDANCE AT DEPOSITION; REQUEST FOR SANCTIONS 1 during the PM shift on November 15, 2021, and the Supervisor of the direct care staff assigned to the 2 Memory Care Unit at the Facility during the PM shift on November 15, 2021, as requested in 3 Plaintiffs’ Notice of Deposition dated October 23, 2023. 4 4. Defendants must provide mutually available dates certain for each of the witnesses 5 listed in Plaintiff’s Notices of Deposition within three (3) calendar days of this motion for depositions 6 and to produce the requested deponents for deposition within seven (7) days and/or provide last known 7 contact information within three (3) calendar days of this motion for any witness they are unable to 8 contact, produce and/or represent, for the witnesses: the supervisor of Rickay Hidalgo; the Regional 9 Nurse assigned to The Village at Seven Oaks Assisted Living and Memory Care (herein “Facility”) 10 during the time period of May 1, 2019, to and including January 1, 2022; the Vice President of 11 Regulatory Compliance (or equivalent) assigned to the Facility during the time period of May 1, 2019, 12 to and including January 1, 2022; and the Health Services Director (or equivalent) assigned to the 13 Facility during the time period of May 1, 2019, to and including January 1, 2022, as requested in 14 Plaintiffs’ Notice of Deposition dated November 7, 2023. 15 5. Plaintiffs’ request for monetary sanctions against Defendants in the amount of 16 $5,560.00 is granted. 17 6. Plaintiffs’ request for issue and/or evidence sanctions is granted. 18 IT IS SO ORDERED. 19 Dated: 20 _______________________ Hon. Thomas S. Clark 21 Judge, Superior Court of California 22 23 24 25 26 27 28 3 [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL ATTENDANCE AT DEPOSITION; REQUEST FOR SANCTIONS