Preview
Electronically Filed
WENDY C. YORK, SBN 166864 9/1/2023 2:56 PM
PF Superior Court of California
DANIEL P. JAY, SBN 215860
NY
VIRGINIA L. MARTUCCL SBN 316296 County of Stanislaus
WYO
YORK LAW CORPORATION Clerk of the Court
1111 Exposition Boulevard, Building 500 By: Raquel Enriquez, Deputy
Sacramento, California 95815
ff
Ph: (916) 643-2200
Fax: (916) 643-4680
A
DBD
Attorneys for Plaintiff LARRY DIGNES (Decedent) by and through his Successors-In-Interest
SHEILA M. LOWE, an individual; LORI M. KIRCHERT, an individual
YN
A
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
Oo
IN AND FOR THE COUNTY OF STANISLAUS
OC
Sl
LARRY B. DIGNES (Decedent) by and
KF
Case No.: CV-20-004057
ESO
through his Successors-In-Interest SHEILA
NY
M. LOWE, an individual; LORI M.
KIRCHERT, an individual DECLARATION OF VIRGINIA L.
WD
MARTUCCI IN SUPPORT OF
Plaintiff,
FSF
SEO
PLAINTIFFS’ SUPPLEMENTAL BRIEF
EF
VS.
IN SUPPORT OF RENEWED MOTION
TO LIFT THE STAY AND AN ORDER
A
COVENANT CARE CALIFORNIA, LLC ALLOCATING ARBITRATION COSTS
DH
KF
dba TURLOCK NURSING AND AND FEES TO DEFENDANTS OR
REHABILITATION CENTER; COVENANT
FSF
REMAND THE CASE TO SUPERIOR
nA
CARE, LLC, a Delaware Corporation; and COURT
DOES 1through 50, inclusive
BB
FS
OBO
Date: September 14, 2023
Defendants
FS
Time: 1:30 p.m.
DW
Dept: 24
HN
Judge: Hon. Sonny S. Sandhu
NHN
FH
Complaint filed: September 18, 2020
NY
Ww WKY
Trial Date: None
KH
S&S
HK
I, Virginia L. Martucci, declare:
Un
HN
1. I am one of the attorneys of record for Plaintiffs Decedent LARRY B. DIGNES,
DA
VY
SHEILA M. LOWE, and LORI M. KIRCHERT, individually and as Successors in Interest to
NO
JT
LARRY B. DIGNES, parties to this action. This declaration is in support of the Plaintiffs’
Oo
NO
Supplemental Brief in Support of Renewed Motion to Lift the Stay and an Order Allocating
DECLARATION OF VIRGINIA L. MARTUCCI IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL BRIEF
IN SUPPORT OF RENEWED MOTION TO LIFT THE STAY AND AN ORDER ALLOCATING
ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR COURT
Arbitration Costs and Fees to Defendants or Remand the Case to the Superior Court. I have
WYO NYO
personal knowledge of the facts stated in this declaration and, if called to testify, I could and
would testify as to these facts.
FR
2. On June 7, 2023, this Renewed Motion was heard by the Court. The Court issued
On
Dn
a Minute Order continuing this matter so that Defendants could conduct limited discovery into
the finances of Mr. Dignes’ estate. A true and correct copy of the Order is enclosed in the
SN
compendium of evidence in conjunction with this Declaration, attached as Exhibit “A.”
Oo
The parties completed discovery into the financials of Decedent Larry Dignes’
So
3.
estate. In total, Plaintiffs provided Defendants (1) multiple declarations under oath detailing Mr.
BS
Dignes’ finances, (2) verified written discovery responses detailing finances, including Form
KF
Interrogatories, Requests for Admission, Special Interrogatories, and Requests for Production,
YP
WH
(3) bank account statements for before and after Mr. Dignes’ death from his only bank account;
FP
(4) Mr. Dignes’ last will and testament, and (5) Mr. Dignes’ escrow paperwork evidencing the
AO
sale of his mobile home. Mr. Dignes’ will, financial documents, and mobile home escrow
DBD
paperwork have been provided to Defendants without redactions except for bank account
IAD
information and non-party names. Copies are being electronically lodged with the Court and
FB
marked as conditionally confidential pending a Motion to Seal. Plaintiffs have provided this
OBO
information to the Court should the Court desire to review evidence of Mr. Dignes’ inability to
DT
pay.
YF
4. In total, the Plaintiffs have provided the following evidence of Mr. Dignes’
YPN
estate’s insolvent financial status:
WO
a. Declaration of Sheila Lowe in support of Motion to Lift Stay and Allocate
BP
Arbitrator Costs (filed October 20, 2022);
OF
b. Declaration of Sheila Lowe in support of Renewed Motion, which included bank
DH
statements (filed April 26, 2023);
YN
oO
c. May 15, 2023, Supplemental Declaration of Sheila Lowe, which included bank
statements;
DECLARATION OF VIRGINIA L. MARTUCCI IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL BRIEF
IN SUPPORT OF RENEWED MOTION TO LIFT THE STAY AND AN ORDER ALLOCATING
ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR COURT
2
eH
PO d. Larry Dignes’ responses to Form Interrogatories, Set One;
e. Larry Dignes’ responses to Request for Admission, Set One;
WO
f. Larry Dignes’ responses to Request for Production, Set One with documents that
BP
include bank account statements, Mr. Dignes’ will, Mr. Dignes’ escrow paperwork
mA
for his mobile home;
DR
g. Larry Dignes’ responses to Special Interrogatories, Set One.
~~
5. After providing this information, the Plaintiffs’ Counsel met and conferred with
co
OO
Defendants and requested whether Defendants would agree to pay for arbitration to avoid
burdening the Court with briefing. Defendants declined; they claim Mr. Dignes’ estate was worth
OS
eh
$40,000 at the time of his death, and telegraphed they will argue Mr. Dignes’ estate can pay for
KS
eee eee
YO
arbitration. Defendants also said they were going to relitigate issues the case has already decided,
WD
such as whether the parties had engaged in arbitration and whether the Plaintiffs’ estimated cost
Re
FP
for arbitration is accurate. A true and correct copy of this email correspondence is attached hereto}
Wn
RR
as Exhibit “B.”
DB
A true and correct copy of Mr. Dignes’ responses to Form Interrogatories, Set One
Re
6.
RR
NN
is attached to the Compendium as Exhibit “C.”
CO
7. A true and correct copy of Mr. Dignes’ responses to Special Interrogatories, Set
RO
OBO
One Interrogatories is attached to the Compendium as Exhibit “D.”
TD
RO
8. A true and correct copy of Mr. Dignes’ responses to Requests for Admission, Set
PO
FF
One is attached to the Compendium as Exhibit “E.”
WN
NY
9. A true and correct copy of Mr. Dignes’ responses to Requests for Production, Set
WY
HN
One is attached Compendium as Exhibit “F.”
PO
SP
10. A true and correct copy of the documents produced to Defendants in response to}
UO
BR
Request for Production, Set One are attached to the Compendium as Exhibit “G.” These
DWN
have
bP
been filed conditionally under seal. Plaintiffs have reserved a hearing for a Motion to Seal these
wo
NN
oO
records. An electronic, unredacted version is being lodged with the Court and has been provided
DO
to Defendants.
DECLARATION OF VIRGINIA L. MARTUCCI IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL BRIEF
IN SUPPORT OF RENEWED MOTION TO LIFT THE STAY AND AN ORDER ALLOCATING
ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR COURT
3
PO
I declare under penalty of perjury under the laws of the State of California that the
[7
foregoing is true and correct. This Declaration Avas executed oF September 1, 2023, in
WW
Sacramento, California.
BP
ia. yiRTUCCI
rH
VIRGIN
ST DB
©So S&S
ee
YF
ee
eee
NH
FBP WHO
me
DAH
YN WB
Rm
DOD
DBD
BR
KF
BR
NY WO
KN
FP
KN
On
HN
Hn
BH
AN
BC
on
BO
DECLARATION OF VIRGINIA L. MARTUCCI IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL BRIEF
IN SUPPORT OF RENEWED MOTION TO LIFT THE STAY AND AN ORDER ALLOCATING
ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR COURT
4
COURT: Stanislaus County Superior Court
CASE NO. CV-20-004057
CASE NAME: Dignes vy. Covenant Care California, LLC, et al.
PROOF OF SERVICE
a
I am citizen of the United States, employed in the County of Sacramento, State of
California. My business address is 1111 Exposition Boulevard, Building 500, Sacramento CA
95815. Iam over the age of 18 years and not a party to the above-entitled action.
I am readily familiar with York Law Corporation’s practice for collection and
processing of correspondence for mailing with the United States Postal Service. Pursuant to
said practice, each document is placed in an envelope, the envelope is sealed, the appropriate
postage is placed thereon, and the sealed envelope is placed in the office mail receptacle. Each
day’s mail is collected and deposited in a U.S. mailbox at or before the close of each day’s
business. (CCP Section 1013a(3) or Fed.R.Civ.P.5(a) and 4.1; USDC (E.D. CA) L.R. 5-
10
135(a).)
11
On September 1, 2023, I caused the within, DECLARATION OF VIRGINIA L.
12 MARTUCCI IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL BRIEF IN
SUPPORT OF RENEWED MOTION TO LIFT THE STAY AND AN ORDER
13 ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR
REMAND THE CASE TO SUPERIOR COURT, I caused the within, to be served via:
14
15 XX ELECTRONIC SERVICE: Based on a Court order or on an agreement by the parties to
accept service by e-mail or electronic transmission, I caused the document described
16 above to be sent from e-mail my address (vmartucci(@yorklawfirm.net) to the persons at
the e-mail address(es) listed below.
17
John Supple, Esq.
18
Robert Deering, Esq.
J. Supple Law
19
990 Fifth Avenue
20 San Rafael, CA 94901
Jsupple@jsupplelaw.com
21 rdeering@jsupplelaw.com
tdang@jsupplelaw.com
22
docket@jsupplelaw.com
23 mschroeder(@jsupplelaw.com
crichard(@jsupplelaw.com
24
25 I declare that I am employed in the office of a member of the bar of this Court at whose
direction the service was made and that this Declaration is executed on September 1, 2023, at
26 Sacramento, California. I declare under penalty of perjury under the laws of the State of
California, that the foregoing is true and correct. / -
27
28
Virginia/L/Martucei
{00065905.1} Proof Of Service - 1
Preview
Electronically Filed WENDY C. YORK, SBN 166864 9/1/2023 2:56 PM PF Superior Court of California DANIEL P. JAY, SBN 215860 NY VIRGINIA L. MARTUCCL SBN 316296 County of Stanislaus WYO YORK LAW CORPORATION Clerk of the Court 1111 Exposition Boulevard, Building 500 By: Raquel Enriquez, Deputy Sacramento, California 95815 ff Ph: (916) 643-2200 Fax: (916) 643-4680 A DBD Attorneys for Plaintiff LARRY DIGNES (Decedent) by and through his Successors-In-Interest SHEILA M. LOWE, an individual; LORI M. KIRCHERT, an individual YN A IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA Oo IN AND FOR THE COUNTY OF STANISLAUS OC Sl LARRY B. DIGNES (Decedent) by and KF Case No.: CV-20-004057 ESO through his Successors-In-Interest SHEILA NY M. LOWE, an individual; LORI M. KIRCHERT, an individual DECLARATION OF VIRGINIA L. WD MARTUCCI IN SUPPORT OF Plaintiff, FSF SEO PLAINTIFFS’ SUPPLEMENTAL BRIEF EF VS. IN SUPPORT OF RENEWED MOTION TO LIFT THE STAY AND AN ORDER A COVENANT CARE CALIFORNIA, LLC ALLOCATING ARBITRATION COSTS DH KF dba TURLOCK NURSING AND AND FEES TO DEFENDANTS OR REHABILITATION CENTER; COVENANT FSF REMAND THE CASE TO SUPERIOR nA CARE, LLC, a Delaware Corporation; and COURT DOES 1through 50, inclusive BB FS OBO Date: September 14, 2023 Defendants FS Time: 1:30 p.m. DW Dept: 24 HN Judge: Hon. Sonny S. Sandhu NHN FH Complaint filed: September 18, 2020 NY Ww WKY Trial Date: None KH S&S HK I, Virginia L. Martucci, declare: Un HN 1. I am one of the attorneys of record for Plaintiffs Decedent LARRY B. DIGNES, DA VY SHEILA M. LOWE, and LORI M. KIRCHERT, individually and as Successors in Interest to NO JT LARRY B. DIGNES, parties to this action. This declaration is in support of the Plaintiffs’ Oo NO Supplemental Brief in Support of Renewed Motion to Lift the Stay and an Order Allocating DECLARATION OF VIRGINIA L. MARTUCCI IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL BRIEF IN SUPPORT OF RENEWED MOTION TO LIFT THE STAY AND AN ORDER ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR COURT Arbitration Costs and Fees to Defendants or Remand the Case to the Superior Court. I have WYO NYO personal knowledge of the facts stated in this declaration and, if called to testify, I could and would testify as to these facts. FR 2. On June 7, 2023, this Renewed Motion was heard by the Court. The Court issued On Dn a Minute Order continuing this matter so that Defendants could conduct limited discovery into the finances of Mr. Dignes’ estate. A true and correct copy of the Order is enclosed in the SN compendium of evidence in conjunction with this Declaration, attached as Exhibit “A.” Oo The parties completed discovery into the financials of Decedent Larry Dignes’ So 3. estate. In total, Plaintiffs provided Defendants (1) multiple declarations under oath detailing Mr. BS Dignes’ finances, (2) verified written discovery responses detailing finances, including Form KF Interrogatories, Requests for Admission, Special Interrogatories, and Requests for Production, YP WH (3) bank account statements for before and after Mr. Dignes’ death from his only bank account; FP (4) Mr. Dignes’ last will and testament, and (5) Mr. Dignes’ escrow paperwork evidencing the AO sale of his mobile home. Mr. Dignes’ will, financial documents, and mobile home escrow DBD paperwork have been provided to Defendants without redactions except for bank account IAD information and non-party names. Copies are being electronically lodged with the Court and FB marked as conditionally confidential pending a Motion to Seal. Plaintiffs have provided this OBO information to the Court should the Court desire to review evidence of Mr. Dignes’ inability to DT pay. YF 4. In total, the Plaintiffs have provided the following evidence of Mr. Dignes’ YPN estate’s insolvent financial status: WO a. Declaration of Sheila Lowe in support of Motion to Lift Stay and Allocate BP Arbitrator Costs (filed October 20, 2022); OF b. Declaration of Sheila Lowe in support of Renewed Motion, which included bank DH statements (filed April 26, 2023); YN oO c. May 15, 2023, Supplemental Declaration of Sheila Lowe, which included bank statements; DECLARATION OF VIRGINIA L. MARTUCCI IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL BRIEF IN SUPPORT OF RENEWED MOTION TO LIFT THE STAY AND AN ORDER ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR COURT 2 eH PO d. Larry Dignes’ responses to Form Interrogatories, Set One; e. Larry Dignes’ responses to Request for Admission, Set One; WO f. Larry Dignes’ responses to Request for Production, Set One with documents that BP include bank account statements, Mr. Dignes’ will, Mr. Dignes’ escrow paperwork mA for his mobile home; DR g. Larry Dignes’ responses to Special Interrogatories, Set One. ~~ 5. After providing this information, the Plaintiffs’ Counsel met and conferred with co OO Defendants and requested whether Defendants would agree to pay for arbitration to avoid burdening the Court with briefing. Defendants declined; they claim Mr. Dignes’ estate was worth OS eh $40,000 at the time of his death, and telegraphed they will argue Mr. Dignes’ estate can pay for KS eee eee YO arbitration. Defendants also said they were going to relitigate issues the case has already decided, WD such as whether the parties had engaged in arbitration and whether the Plaintiffs’ estimated cost Re FP for arbitration is accurate. A true and correct copy of this email correspondence is attached hereto} Wn RR as Exhibit “B.” DB A true and correct copy of Mr. Dignes’ responses to Form Interrogatories, Set One Re 6. RR NN is attached to the Compendium as Exhibit “C.” CO 7. A true and correct copy of Mr. Dignes’ responses to Special Interrogatories, Set RO OBO One Interrogatories is attached to the Compendium as Exhibit “D.” TD RO 8. A true and correct copy of Mr. Dignes’ responses to Requests for Admission, Set PO FF One is attached to the Compendium as Exhibit “E.” WN NY 9. A true and correct copy of Mr. Dignes’ responses to Requests for Production, Set WY HN One is attached Compendium as Exhibit “F.” PO SP 10. A true and correct copy of the documents produced to Defendants in response to} UO BR Request for Production, Set One are attached to the Compendium as Exhibit “G.” These DWN have bP been filed conditionally under seal. Plaintiffs have reserved a hearing for a Motion to Seal these wo NN oO records. An electronic, unredacted version is being lodged with the Court and has been provided DO to Defendants. DECLARATION OF VIRGINIA L. MARTUCCI IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL BRIEF IN SUPPORT OF RENEWED MOTION TO LIFT THE STAY AND AN ORDER ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR COURT 3 PO I declare under penalty of perjury under the laws of the State of California that the [7 foregoing is true and correct. This Declaration Avas executed oF September 1, 2023, in WW Sacramento, California. BP ia. yiRTUCCI rH VIRGIN ST DB ©So S&S ee YF ee eee NH FBP WHO me DAH YN WB Rm DOD DBD BR KF BR NY WO KN FP KN On HN Hn BH AN BC on BO DECLARATION OF VIRGINIA L. MARTUCCI IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL BRIEF IN SUPPORT OF RENEWED MOTION TO LIFT THE STAY AND AN ORDER ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR COURT 4 COURT: Stanislaus County Superior Court CASE NO. CV-20-004057 CASE NAME: Dignes vy. Covenant Care California, LLC, et al. PROOF OF SERVICE a I am citizen of the United States, employed in the County of Sacramento, State of California. My business address is 1111 Exposition Boulevard, Building 500, Sacramento CA 95815. Iam over the age of 18 years and not a party to the above-entitled action. I am readily familiar with York Law Corporation’s practice for collection and processing of correspondence for mailing with the United States Postal Service. Pursuant to said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon, and the sealed envelope is placed in the office mail receptacle. Each day’s mail is collected and deposited in a U.S. mailbox at or before the close of each day’s business. (CCP Section 1013a(3) or Fed.R.Civ.P.5(a) and 4.1; USDC (E.D. CA) L.R. 5- 10 135(a).) 11 On September 1, 2023, I caused the within, DECLARATION OF VIRGINIA L. 12 MARTUCCI IN SUPPORT OF PLAINTIFFS’ SUPPLEMENTAL BRIEF IN SUPPORT OF RENEWED MOTION TO LIFT THE STAY AND AN ORDER 13 ALLOCATING ARBITRATION COSTS AND FEES TO DEFENDANTS OR REMAND THE CASE TO SUPERIOR COURT, I caused the within, to be served via: 14 15 XX ELECTRONIC SERVICE: Based on a Court order or on an agreement by the parties to accept service by e-mail or electronic transmission, I caused the document described 16 above to be sent from e-mail my address (vmartucci(@yorklawfirm.net) to the persons at the e-mail address(es) listed below. 17 John Supple, Esq. 18 Robert Deering, Esq. J. Supple Law 19 990 Fifth Avenue 20 San Rafael, CA 94901 Jsupple@jsupplelaw.com 21 rdeering@jsupplelaw.com tdang@jsupplelaw.com 22 docket@jsupplelaw.com 23 mschroeder(@jsupplelaw.com crichard(@jsupplelaw.com 24 25 I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made and that this Declaration is executed on September 1, 2023, at 26 Sacramento, California. I declare under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. / - 27 28 Virginia/L/Martucei {00065905.1} Proof Of Service - 1