Preview
RA-010
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER:
NAME: Christian J. Gascou (SBN 209957)/Ronald W. Hopkins (SBN 100895)
FIRM NAME: Gascou Hopkins LLP
STREET ADDRESS: 9696 Culver Blvd. Suite 302
CITY: Culver City STATE: CA ZIP CODE: 90232
TELEPHONE NO.: 310-785-9116 FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name): Insurance Company of the West
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1215 Truxtun Ave
MAILING ADDRESS: 1215 Truxtun Ave
CITY AND ZIP CODE: Bakersfield, CA 93301
BRANCH NAME: Metropolitan Division Justice Building
PLAINTIFF/PETITIONER: INSURANCE COMPANY OF THE WEST
DEFENDANT/RESPONDENT: KERN ALTERNATIVE CARE, INC., ET AL
OTHER CASE NAME:
CASE NUMBER:
NOTICE OF REMOTE APPEARANCE BCV-23-103703
You must use this form to tell the court you intend to appear remotely in a civil case, unless the court's website describes an
online process for giving notice. You may also use it to give the required notice to all other parties in the case. (Do not use
this form in a juvenile dependency proceeding.)
Check the court's website for information about how to appear remotely, including the departments and types of cases or
proceedings that allow remote appearances and ways to appear remotely in their departments for such appearances.
See page 3 of this form for more information, including deadlines for giving notice and for opposing a remote appearance if
this notice is for an evidentiary hearing or trial.
A person appearing remotely should conduct themselves as though appearing in court in person.
1. The person who intends to appear remotely is (check and complete all that apply):
Plaintiff/Petitioner (name):
Attorney for Plaintiff/Petitioner (name): Gascou Hopkins LLP
Defendant/Respondent (name):
Attorney for Defendant/Respondent (name):
Other (name and role in case):
2. The person or persons in 1 intends to appear remotely (check one):
a. Throughout the case.
b. At the proceeding described below, including on any later dates if the proceeding is continued (describe):
Type of proceeding:
Set on (date): at (time): in (department):
Before (name of judicial officer, if known):
3. The person intends to appear by (check court's website for method that may be used):
Videoconference Audio only (including telephone)
4. For evidentiary hearing or trial only (where testimony may be given): the party requests the following additional aspects of the
proceeding be conducted remotely (describe what the party wants to be done remotely and why; attach form MC-25 if more
space is needed):
Page 1 of 3
Form Adopted for Mandatory Use Code of Civil Procedure, § 367.75;
Judicial Council of California NOTICE OF REMOTE APPEARANCE Cal. Rules of Court, rule 3.672
RA-010 [New January 1, 2022] www.courts.ca.gov
RA-010
PLAINTIFF: INSURANCE COMPANY OF THE WEST CASE NUMBER:
DEFENDANT: KERN ALTERNATIVE CARE, INC., ET AL BCV-23-103703
5. I agree to keep the proceeding confidential to the same extent as would be required if I were appearing in person.
Date: April 17, 2024
Christian J. Gascou
(TYPE OR PRINT NAME) (SIGNATURE)
Notice to Other Parties
Anyone intending to appear remotely must provide notice to all other parties by the deadlines stated in Cal. Rules of Court,
rule 3.672, and described on the next page. Notice may be provided orally, electronically, or by giving the other parties this
form in a way to ensure it is received by the applicable deadline. The party must tell the court this was done either by filing a
proof of service (this may be done on forms POS-040 or POS-050 for electronic service) or by completing and signing the
declaration below.
Declaration of Notice
I gave notice that I intend to appear remotely to the other parties or persons entitled to receive notice in this case as stated below.
Complete one item below for each person notice was given to, and enter one of the following options for "Method of notice" in c.
Mail: By mailing them a copy of this form (write the mailing address in d.)
Overnight delivery: By having a copy of this form delivered overnight (write the delivery address in d.)
Electronic notice: By e-mail or text message (write the e-mail or phone number in d.)
Phone: By telling them over the telephone or leaving them voice mail (write the phone number in d.), or
In person: By giving them a copy of this form in person, or by telling them orally in person (write the address in d.)
1. Plaintiff/Petitioner 2. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number:
3. Defendant/Respondent 4. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number:
5. Other (specify): 6. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number:
7. Other (specify): 7. Other (specify):
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number:
If more people were given notice, check here, attach form MC-025, titled as Attachment Notice, and add the information about
how and when notice was given to each person.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: April 17, 2024
Hannah Matteson
(TYPE OR PRINT NAME) (SIGNATURE)
RA-010 [New January 1, 2022] NOTICE OF REMOTE APPEARANCE Page 2 of 3
[page 3 need not be filed]
RA-010
Instructions for Giving Notice of Remote Appearance
(This page does not need to be filed.)
1. Court online procedures. Before using this form, check the court's website to see if that court has an online procedure for
providing notice to the court of your intent to appear remotely instead. You can find a link to the website for each court at:
https://www.courts.ca.gov/find-my-court.htm .
2. How to use this form. This form is intended for use in civil cases only (any cases not criminal or petitions for habeas corpus, other
than petitions under Welf. & Inst. Code, § 5000 et seq.), to provide written notice of intent to appear remotely, to a court and the
parties, as described in Code of Civil Procedure section 367.75. It is not needed in juvenile dependency hearings.
Check the court's website to determine how remote appearances work in that court before completing this form. If the court
does not have an online procedure for giving notice to the court of intent to appear remotely, complete and file this form to give the
court notice. If you intend to appear remotely throughout the case, you only need to file it once (check item 2a).
3. Notice to others. You may also use this form to show that you gave notice to other parties. You must give notice of your intent to
appear remotely to all parties and other persons who are entitled to notice of the proceeding. (If you checked item 2a, you only need to
give notice once. Otherwise, give notice to the court and others before each proceeding you intend to appear at remotely.) You can
describe how and when you gave notice in the Declaration of Notice on page 2, or by filing a proof of service with the court.
4. When to file and give notice to others.
California Rules of Court, rule 3.672(g) and (h) state the deadlines by which you have to give notice of intent to appear remotely to the
other parties and the court. (You can give notice earlier.) There are different deadlines :
For motions and proceedings in which people cannot testify
If a party gives or receives at least 3 court days' notice of the proceeding (including all regularly noticed motions):
• At least 2 court days before the proceeding.
If a party gives or receives less than 3 court days' notice of the proceeding (including ex parte applications):
• With the moving papers, if the notice to appear remotely is by the party that is asking for the hearing; or
• By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party.
Note: If a party misses these deadlines, they may still ask the court for permission to appear remotely.
For trials, including small claims trials, and hearings in which people may testify (evidentiary hearings)
If a party gives or receives at least 15 court days' notice of a trial or hearing date, and for all small claims trials:
• At least 10 court days before the trial or hearing date.
If a party gives or receives less than 15 days' notice of the trial or hearing (including hearings on protective orders):
• With the moving papers or at least 5 court days before the hearing, if the notice to appear remotely is by the party that
is asking for the hearing; or
• By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party.
Note: If a party misses these deadlines, they may still ask thecourt for permission to appear remotely.
5. Opposition to remote appearances at trial or evidentiary hearing. If a party or witness has given notice of intent to appear
remotely at a trial or evidentiary hearing (hearing at which people may testify), other parties in the action may oppose the remote
appearance by filing Opposition to Remote Proceeding at Evidentiary Hearing or Trial (form RA-015). The opposition must be served
on parties and other persons entitled to receive notice of the proceedings, by the deadlines summarized on that form. (Cal. Rules of
Court, rule 3.672(h)(3).)
6. In-person appearance. A court may require any person to appear in person instead of remotely. (Code Civ. Proc., § 367.75(b).)
7. Recordings. No person may record a proceeding without first getting approval from the judge. (Cal. Rules of Court, rule 1.150(c).)
8. Accommodations for disability. If a party needs an accommodation for a disability, use form MC-410, Disability Accommodations
Request, to tell the court about their needs. See form MC-410-INFO for more information.
9. Request for interpreter. If a party does do not speak English well, ask the court clerk as soon as possible for a court-provided
interpreter. Form INT-300, Request for an Interpreter, or a local court form may be used to request an interpreter. If no court interpreter
is available, it may be necessary to reschedule the hearing or trial.
RA-010 [New January 1, 2022] NOTICE OF REMOTE APPEARANCE Page 3 of 3
1 Proof of Service
STATE OF CALIFORNIA )
2 ) SS.
COUNTY OF LOS ANGELES )
3
I, the undersigned, am employed in the County of Los Angeles, State of California. I am
4 over the age of 18 years and not a party to the within action; my business address is 9696 Culver
Blvd Suite 302 Culver City CA 90232. My email address is hmatteson@gascouhopkins.com.
5
On April 17, 2024, I served the document(s) described as: NOTICE OF REMOTE
6 APPEARANCE on the interested party(ies) of record in this action by placing true copies
thereof enclosed in sealed envelopes addressed as follows or via facsimile where indicated:
7
T. Scott Beldon
8 Chelsea K. Lewis
9 Belden Blaine Raytis, LLP
5016 California Avenue, Suite 3
10 Bakersfield, CA 93309
scott@bbr.law
11 chelsea@bbr.law
Counsel for Defendants
12
× (By Electronic Service C.C.P. §1010.6) I caused the documents to be sent to the persons at
13 the e-mail addresses above. I did not receive within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
14 unsuccessful.
15 (By Mail) I am readily familiar with the firm's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the
16 United States postal service on that same day with postage thereon fully prepaid at
Los Angeles, California in the ordinary course of business. I am aware that on
17 motion of the party served, service is presumed invalid if the postal cancellation
date or postage meter date is more than one day after date of deposit for mailing in
18 affidavit.
19 (By Federal Express) I caused such envelope to be placed in the Federal Express
depository at Los Angeles, California. I am readily familiar with the firm's practice
20 of collection and processing correspondence for mailing. Under that practice it
would be deposited in a box or other facility regularly maintained by Federal
21 Express, in an envelope or package designated by Federal Express with delivery fees
prepaid.
22
× (State) I declare under penalty of perjury under the laws of the State of California that the
23 above is true and correct.
24 ____ (Federal) 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.
25
EXECUTED on April 17, 2024 at Culver City, California.
26
___ _______________ _
27
Hannah Matteson
28
1
PROOF OF SERVICE
Preview
RA-010 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER: NAME: Christian J. Gascou (SBN 209957)/Ronald W. Hopkins (SBN 100895) FIRM NAME: Gascou Hopkins LLP STREET ADDRESS: 9696 Culver Blvd. Suite 302 CITY: Culver City STATE: CA ZIP CODE: 90232 TELEPHONE NO.: 310-785-9116 FAX NO.: EMAIL ADDRESS: ATTORNEY FOR (name): Insurance Company of the West SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 Truxtun Ave MAILING ADDRESS: 1215 Truxtun Ave CITY AND ZIP CODE: Bakersfield, CA 93301 BRANCH NAME: Metropolitan Division Justice Building PLAINTIFF/PETITIONER: INSURANCE COMPANY OF THE WEST DEFENDANT/RESPONDENT: KERN ALTERNATIVE CARE, INC., ET AL OTHER CASE NAME: CASE NUMBER: NOTICE OF REMOTE APPEARANCE BCV-23-103703 You must use this form to tell the court you intend to appear remotely in a civil case, unless the court's website describes an online process for giving notice. You may also use it to give the required notice to all other parties in the case. (Do not use this form in a juvenile dependency proceeding.) Check the court's website for information about how to appear remotely, including the departments and types of cases or proceedings that allow remote appearances and ways to appear remotely in their departments for such appearances. See page 3 of this form for more information, including deadlines for giving notice and for opposing a remote appearance if this notice is for an evidentiary hearing or trial. A person appearing remotely should conduct themselves as though appearing in court in person. 1. The person who intends to appear remotely is (check and complete all that apply): Plaintiff/Petitioner (name): Attorney for Plaintiff/Petitioner (name): Gascou Hopkins LLP Defendant/Respondent (name): Attorney for Defendant/Respondent (name): Other (name and role in case): 2. The person or persons in 1 intends to appear remotely (check one): a. Throughout the case. b. At the proceeding described below, including on any later dates if the proceeding is continued (describe): Type of proceeding: Set on (date): at (time): in (department): Before (name of judicial officer, if known): 3. The person intends to appear by (check court's website for method that may be used): Videoconference Audio only (including telephone) 4. For evidentiary hearing or trial only (where testimony may be given): the party requests the following additional aspects of the proceeding be conducted remotely (describe what the party wants to be done remotely and why; attach form MC-25 if more space is needed): Page 1 of 3 Form Adopted for Mandatory Use Code of Civil Procedure, § 367.75; Judicial Council of California NOTICE OF REMOTE APPEARANCE Cal. Rules of Court, rule 3.672 RA-010 [New January 1, 2022] www.courts.ca.gov RA-010 PLAINTIFF: INSURANCE COMPANY OF THE WEST CASE NUMBER: DEFENDANT: KERN ALTERNATIVE CARE, INC., ET AL BCV-23-103703 5. I agree to keep the proceeding confidential to the same extent as would be required if I were appearing in person. Date: April 17, 2024 Christian J. Gascou (TYPE OR PRINT NAME) (SIGNATURE) Notice to Other Parties Anyone intending to appear remotely must provide notice to all other parties by the deadlines stated in Cal. Rules of Court, rule 3.672, and described on the next page. Notice may be provided orally, electronically, or by giving the other parties this form in a way to ensure it is received by the applicable deadline. The party must tell the court this was done either by filing a proof of service (this may be done on forms POS-040 or POS-050 for electronic service) or by completing and signing the declaration below. Declaration of Notice I gave notice that I intend to appear remotely to the other parties or persons entitled to receive notice in this case as stated below. Complete one item below for each person notice was given to, and enter one of the following options for "Method of notice" in c. Mail: By mailing them a copy of this form (write the mailing address in d.) Overnight delivery: By having a copy of this form delivered overnight (write the delivery address in d.) Electronic notice: By e-mail or text message (write the e-mail or phone number in d.) Phone: By telling them over the telephone or leaving them voice mail (write the phone number in d.), or In person: By giving them a copy of this form in person, or by telling them orally in person (write the address in d.) 1. Plaintiff/Petitioner 2. Attorney for: a. Name: a. Name: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number: 3. Defendant/Respondent 4. Attorney for: a. Name: a. Name: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number: 5. Other (specify): 6. Attorney for: a. Name: a. Name: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number: 7. Other (specify): 7. Other (specify): a. Name: a. Name: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number: If more people were given notice, check here, attach form MC-025, titled as Attachment Notice, and add the information about how and when notice was given to each person. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: April 17, 2024 Hannah Matteson (TYPE OR PRINT NAME) (SIGNATURE) RA-010 [New January 1, 2022] NOTICE OF REMOTE APPEARANCE Page 2 of 3 [page 3 need not be filed] RA-010 Instructions for Giving Notice of Remote Appearance (This page does not need to be filed.) 1. Court online procedures. Before using this form, check the court's website to see if that court has an online procedure for providing notice to the court of your intent to appear remotely instead. You can find a link to the website for each court at: https://www.courts.ca.gov/find-my-court.htm . 2. How to use this form. This form is intended for use in civil cases only (any cases not criminal or petitions for habeas corpus, other than petitions under Welf. & Inst. Code, § 5000 et seq.), to provide written notice of intent to appear remotely, to a court and the parties, as described in Code of Civil Procedure section 367.75. It is not needed in juvenile dependency hearings. Check the court's website to determine how remote appearances work in that court before completing this form. If the court does not have an online procedure for giving notice to the court of intent to appear remotely, complete and file this form to give the court notice. If you intend to appear remotely throughout the case, you only need to file it once (check item 2a). 3. Notice to others. You may also use this form to show that you gave notice to other parties. You must give notice of your intent to appear remotely to all parties and other persons who are entitled to notice of the proceeding. (If you checked item 2a, you only need to give notice once. Otherwise, give notice to the court and others before each proceeding you intend to appear at remotely.) You can describe how and when you gave notice in the Declaration of Notice on page 2, or by filing a proof of service with the court. 4. When to file and give notice to others. California Rules of Court, rule 3.672(g) and (h) state the deadlines by which you have to give notice of intent to appear remotely to the other parties and the court. (You can give notice earlier.) There are different deadlines : For motions and proceedings in which people cannot testify If a party gives or receives at least 3 court days' notice of the proceeding (including all regularly noticed motions): • At least 2 court days before the proceeding. If a party gives or receives less than 3 court days' notice of the proceeding (including ex parte applications): • With the moving papers, if the notice to appear remotely is by the party that is asking for the hearing; or • By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party. Note: If a party misses these deadlines, they may still ask the court for permission to appear remotely. For trials, including small claims trials, and hearings in which people may testify (evidentiary hearings) If a party gives or receives at least 15 court days' notice of a trial or hearing date, and for all small claims trials: • At least 10 court days before the trial or hearing date. If a party gives or receives less than 15 days' notice of the trial or hearing (including hearings on protective orders): • With the moving papers or at least 5 court days before the hearing, if the notice to appear remotely is by the party that is asking for the hearing; or • By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party. Note: If a party misses these deadlines, they may still ask thecourt for permission to appear remotely. 5. Opposition to remote appearances at trial or evidentiary hearing. If a party or witness has given notice of intent to appear remotely at a trial or evidentiary hearing (hearing at which people may testify), other parties in the action may oppose the remote appearance by filing Opposition to Remote Proceeding at Evidentiary Hearing or Trial (form RA-015). The opposition must be served on parties and other persons entitled to receive notice of the proceedings, by the deadlines summarized on that form. (Cal. Rules of Court, rule 3.672(h)(3).) 6. In-person appearance. A court may require any person to appear in person instead of remotely. (Code Civ. Proc., § 367.75(b).) 7. Recordings. No person may record a proceeding without first getting approval from the judge. (Cal. Rules of Court, rule 1.150(c).) 8. Accommodations for disability. If a party needs an accommodation for a disability, use form MC-410, Disability Accommodations Request, to tell the court about their needs. See form MC-410-INFO for more information. 9. Request for interpreter. If a party does do not speak English well, ask the court clerk as soon as possible for a court-provided interpreter. Form INT-300, Request for an Interpreter, or a local court form may be used to request an interpreter. If no court interpreter is available, it may be necessary to reschedule the hearing or trial. RA-010 [New January 1, 2022] NOTICE OF REMOTE APPEARANCE Page 3 of 3 1 Proof of Service STATE OF CALIFORNIA ) 2 ) SS. COUNTY OF LOS ANGELES ) 3 I, the undersigned, am employed in the County of Los Angeles, State of California. I am 4 over the age of 18 years and not a party to the within action; my business address is 9696 Culver Blvd Suite 302 Culver City CA 90232. My email address is hmatteson@gascouhopkins.com. 5 On April 17, 2024, I served the document(s) described as: NOTICE OF REMOTE 6 APPEARANCE on the interested party(ies) of record in this action by placing true copies thereof enclosed in sealed envelopes addressed as follows or via facsimile where indicated: 7 T. Scott Beldon 8 Chelsea K. Lewis 9 Belden Blaine Raytis, LLP 5016 California Avenue, Suite 3 10 Bakersfield, CA 93309 scott@bbr.law 11 chelsea@bbr.law Counsel for Defendants 12 × (By Electronic Service C.C.P. §1010.6) I caused the documents to be sent to the persons at 13 the e-mail addresses above. I did not receive within a reasonable time after the transmission, any electronic message or other indication that the transmission was 14 unsuccessful. 15 (By Mail) I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the 16 United States postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on 17 motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after date of deposit for mailing in 18 affidavit. 19 (By Federal Express) I caused such envelope to be placed in the Federal Express depository at Los Angeles, California. I am readily familiar with the firm's practice 20 of collection and processing correspondence for mailing. Under that practice it would be deposited in a box or other facility regularly maintained by Federal 21 Express, in an envelope or package designated by Federal Express with delivery fees prepaid. 22 × (State) I declare under penalty of perjury under the laws of the State of California that the 23 above is true and correct. 24 ____ (Federal) 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. 25 EXECUTED on April 17, 2024 at Culver City, California. 26 ___ _______________ _ 27 Hannah Matteson 28 1 PROOF OF SERVICE