On October 25, 2022 a
Party Notice
was filed
involving a dispute between
Barbara Newton,
Billy Cates, Individually And As Successor-In-Interest To The Estate Of Lois Cates,
Paul Cates,
and
Frontier Management Llc,
Frontier Senior Living,
Frontier Senior Living, Llc,
Kelland Lancaster,
Samantha Davidson,
Seven Oak Assisted Living And Memory Care Llc,
Seven Oaks Al & Mc,
The Village At Seven Oaks Al Mc, Llc,
for 35-CV Other Non PI/PD/WD Tort - Civil Unlimited
in the District Court of Kern County.
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CM-200
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Kathryn Stebner (SBN: 121088); Karman Guadagni (SBN 267631)
Stebner Gertler Guadagni & Kawamoto, A Professional Law Corporation
870 Market Street, #1285, San Francisco, CA 94102
TELEPHONE NO.: 415-362-9800 FAX NO. (Optional): 415-362-9801
E-MAIL ADDRESS (Optional): kathryn@sggklaw.com; karman@sggklaw.com
ATTORNEY FOR (Name): Plaintiffs
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1215 Truxtun Avenue
MAILING ADDRESS: 1215 Truxtun Avenue
CITY AND ZIP CODE: Bakersfield, CA 93301
BRANCH NAME: Bakersfield Court
PLAINTIFF/PETITIONER: Billy Cates, et al.
DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al.
CASE NUMBER:
BCV-22-102864
NOTICE OF SETTLEMENT OF ENTIRE CASE
JUDGE: Thomas S. Clark
DEPT.: 17
NOTICE TO PLAINTIFF OR OTHER PARTY SEEKING RELIEF
You must file a request for dismissal of the entire case within 45 days after the date of the settlement if the settlement is
unconditional. You must file a dismissal of the entire case within 45 days after the date specified in item 1b below if the settlement
is conditional. Unless you file a dismissal within the required time or have shown good cause before the time for dismissal has
expired why the case should not be dismissed, the court will dismiss the entire case.
To the court, all parties, and any arbitrator or other court-connected ADR neutral involved in this case:
1. This entire case has been settled. The settlement is:
a. Unconditional. A request for dismissal will be filed within 45 days after the date of the settlement.
Date of settlement:
b. Conditional. The settlement agreement conditions dismissal of this matter on the satisfactory completion of
specified terms that are not to be performed within 45 days of the date of the settlement. A request for dismissal will
be filed no later than (date): February 29, 2024
2. Date initial pleading filed: October 26, 2022
3. Next scheduled hearing or conference:
a. Purpose: Mandatory Settlement Conference
b. (1) Date: December 4, 2023
(2) Time: 1:30 p.m.
(3) Department: 1, Hon. Gary Friedman
4. Trial date: January 8, 2024
a. No trial date set.
b. (1) Date: January 8, 2024
(2) Time: 9:00 a.m.
(3) Department: 17
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: November 29, 2023
Karman Guadagni
(TYPE OR PRINT NAME OF ATTORNEY PARTY WITHOUT ATTORNEY)
(SIGNATURE)
Page 1 of 2
Form Adopted for Mandatory Use Cal. Rules of Court, rule 3.1385
Judicial Council of California NOTICE OF SETTLEMENT OF ENTIRE CASE www.courts.ca.gov
CM-200 [Rev. January 1, 2007]
CM-200
PLAINTIFF/PETITIONER: Billy Cates, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al. BCV-22-102864
PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF SETTLEMENT OF ENTIRE CASE
(NOTE: You cannot serve the Notice of Settlement of Entire Case if you are a party in the action. The person who served
the notice must complete this proof of service.)
1. I am at least 18 years old and not a party to this action. I am a resident of or employed in the county where the mailing took
place, and my residence or business address is (specify):
2. I served a copy of the Notice of Settlement of Entire Case by enclosing it in a sealed envelope with postage
fully prepaid and (check one):
a. deposited the sealed envelope with the United States Postal Service.
b. placed the sealed envelope for collection and processing for mailing, following this business's usual practices,
with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service.
3. The Notice of Settlement of Entire Case was mailed:
a. on (date):
b. from (city and state):
4. The envelope was addressed and mailed as follows:
a. Name of person served: c. Name of person served:
Street address: Street address:
City: City:
State and zip code: State and zip code:
b. Name of person served: d. Name of person served:
Street address: Street address:
City: City:
State and zip code: State and zip code:
Names and addresses of additional persons served are attached. (You may use form POS-030(P).)
5. Number of pages attached .
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
CM-200 [Rev. January 1, 2007] NOTICE OF SETTLEMENT OF ENTIRE CASE Page 2 of 2
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
NOTICE OF SETTLEMENT OF ENTIRE CASE
7
on the parties involved, addressed as follows:
8 Kirsten Fish William C. Wilson
NEEDHAM, KEPNER & FISH LLP Nicholas Prukop
9 1960 The Alameda, Suite 210 WILSON GETTY LLP
San Jose, CA 95126 12555 High Bluff Drive, Suite 270
10 Phone: (408) 261-4226 San Diego, California 92130
Fax: (408) 244-7815 Telephone: 858.847.3237; Facsimile: 858.847.3365
11 E-mail: kfish@nkf-law.com Email: bwilson@wilsongetty.com
Email: nprukop@wilsongetty.com
12 Co-Counsel for Plaintiffs Email: jwillard@wilsongetty.com
Email: jmartinez@wilongetty.com
13
Attorneys For Defendants THE VILLAGE AT
14 SEVEN OAKS AL MC, LLC Dba THE VILLAGE AT
SEVEN OAKS ASSISTED LIVING AND MEMORY
15 CARE; SEVEN OAK ASSISTED LIVING AND
MEMORY CARE LLC (Erroneously Sued And
16 Served As SEVEN OAKS AL & MC); FRONTIER
MANAGEMENT LLC, FRONTIER SENIOR
17 LIVING, LLC And SAMANTHA DAVIDSON
18 X BY ELECTRONIC SERVICE: I electronically filed the document(s) listed above with
the Clerk of the Court by using the Court’s approved E-filing provider, One Legal, and
19 caused a copy of said document(s) to be E-Served through One Legal to the persons at the e-
mail address(es) listed above on this date. No electronic message or other indication that the
20 transmission was unsuccessful was received within a reasonable time after the transmission.
21 BY EMAIL/ELECTRONIC SUBMISSION: Only by e-mailing the document(s) listed
above to the persons at the e-mail address(es) listed on this date pursuant to Code of Civil
22 Procedure § 1010.6 and California Rules of Court Rule 2.251. No electronic message or
other indication that the transmission was unsuccessful was received within a reasonable
23 time after the submission.
24 I declare under penalty of perjury under the laws of the State of California that the foregoing is
25 true and correct. Executed at San Francisco, California on November 29, 2023.
26
27
Ann Williams
28
1 PROOF OF SERVICE
Preview
CM-200 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Kathryn Stebner (SBN: 121088); Karman Guadagni (SBN 267631) Stebner Gertler Guadagni & Kawamoto, A Professional Law Corporation 870 Market Street, #1285, San Francisco, CA 94102 TELEPHONE NO.: 415-362-9800 FAX NO. (Optional): 415-362-9801 E-MAIL ADDRESS (Optional): kathryn@sggklaw.com; karman@sggklaw.com ATTORNEY FOR (Name): Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 Truxtun Avenue MAILING ADDRESS: 1215 Truxtun Avenue CITY AND ZIP CODE: Bakersfield, CA 93301 BRANCH NAME: Bakersfield Court PLAINTIFF/PETITIONER: Billy Cates, et al. DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al. CASE NUMBER: BCV-22-102864 NOTICE OF SETTLEMENT OF ENTIRE CASE JUDGE: Thomas S. Clark DEPT.: 17 NOTICE TO PLAINTIFF OR OTHER PARTY SEEKING RELIEF You must file a request for dismissal of the entire case within 45 days after the date of the settlement if the settlement is unconditional. You must file a dismissal of the entire case within 45 days after the date specified in item 1b below if the settlement is conditional. Unless you file a dismissal within the required time or have shown good cause before the time for dismissal has expired why the case should not be dismissed, the court will dismiss the entire case. To the court, all parties, and any arbitrator or other court-connected ADR neutral involved in this case: 1. This entire case has been settled. The settlement is: a. Unconditional. A request for dismissal will be filed within 45 days after the date of the settlement. Date of settlement: b. Conditional. The settlement agreement conditions dismissal of this matter on the satisfactory completion of specified terms that are not to be performed within 45 days of the date of the settlement. A request for dismissal will be filed no later than (date): February 29, 2024 2. Date initial pleading filed: October 26, 2022 3. Next scheduled hearing or conference: a. Purpose: Mandatory Settlement Conference b. (1) Date: December 4, 2023 (2) Time: 1:30 p.m. (3) Department: 1, Hon. Gary Friedman 4. Trial date: January 8, 2024 a. No trial date set. b. (1) Date: January 8, 2024 (2) Time: 9:00 a.m. (3) Department: 17 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: November 29, 2023 Karman Guadagni (TYPE OR PRINT NAME OF ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE) Page 1 of 2 Form Adopted for Mandatory Use Cal. Rules of Court, rule 3.1385 Judicial Council of California NOTICE OF SETTLEMENT OF ENTIRE CASE www.courts.ca.gov CM-200 [Rev. January 1, 2007] CM-200 PLAINTIFF/PETITIONER: Billy Cates, et al. CASE NUMBER: DEFENDANT/RESPONDENT: The Village at Seven Oaks AL MC, LLC dba et al. BCV-22-102864 PROOF OF SERVICE BY FIRST-CLASS MAIL NOTICE OF SETTLEMENT OF ENTIRE CASE (NOTE: You cannot serve the Notice of Settlement of Entire Case if you are a party in the action. The person who served the notice must complete this proof of service.) 1. I am at least 18 years old and not a party to this action. I am a resident of or employed in the county where the mailing took place, and my residence or business address is (specify): 2. I served a copy of the Notice of Settlement of Entire Case by enclosing it in a sealed envelope with postage fully prepaid and (check one): a. deposited the sealed envelope with the United States Postal Service. b. placed the sealed envelope for collection and processing for mailing, following this business's usual practices, with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. 3. The Notice of Settlement of Entire Case was mailed: a. on (date): b. from (city and state): 4. The envelope was addressed and mailed as follows: a. Name of person served: c. Name of person served: Street address: Street address: City: City: State and zip code: State and zip code: b. Name of person served: d. Name of person served: Street address: Street address: City: City: State and zip code: State and zip code: Names and addresses of additional persons served are attached. (You may use form POS-030(P).) 5. Number of pages attached . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) CM-200 [Rev. January 1, 2007] NOTICE OF SETTLEMENT OF ENTIRE CASE Page 2 of 2 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 NOTICE OF SETTLEMENT OF ENTIRE CASE 7 on the parties involved, addressed as follows: 8 Kirsten Fish William C. Wilson NEEDHAM, KEPNER & FISH LLP Nicholas Prukop 9 1960 The Alameda, Suite 210 WILSON GETTY LLP San Jose, CA 95126 12555 High Bluff Drive, Suite 270 10 Phone: (408) 261-4226 San Diego, California 92130 Fax: (408) 244-7815 Telephone: 858.847.3237; Facsimile: 858.847.3365 11 E-mail: kfish@nkf-law.com Email: bwilson@wilsongetty.com Email: nprukop@wilsongetty.com 12 Co-Counsel for Plaintiffs Email: jwillard@wilsongetty.com Email: jmartinez@wilongetty.com 13 Attorneys For Defendants THE VILLAGE AT 14 SEVEN OAKS AL MC, LLC Dba THE VILLAGE AT SEVEN OAKS ASSISTED LIVING AND MEMORY 15 CARE; SEVEN OAK ASSISTED LIVING AND MEMORY CARE LLC (Erroneously Sued And 16 Served As SEVEN OAKS AL & MC); FRONTIER MANAGEMENT LLC, FRONTIER SENIOR 17 LIVING, LLC And SAMANTHA DAVIDSON 18 X BY ELECTRONIC SERVICE: I electronically filed the document(s) listed above with the Clerk of the Court by using the Court’s approved E-filing provider, One Legal, and 19 caused a copy of said document(s) to be E-Served through One Legal to the persons at the e- mail address(es) listed above on this date. No electronic message or other indication that the 20 transmission was unsuccessful was received within a reasonable time after the transmission. 21 BY EMAIL/ELECTRONIC SUBMISSION: Only by e-mailing the document(s) listed above to the persons at the e-mail address(es) listed on this date pursuant to Code of Civil 22 Procedure § 1010.6 and California Rules of Court Rule 2.251. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable 23 time after the submission. 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is 25 true and correct. Executed at San Francisco, California on November 29, 2023. 26 27 Ann Williams 28 1 PROOF OF SERVICE