Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
David F. Beach (SBN 127135) / Anne C. D'Arcy (SBN 232948)
Perry Johnson Anderson Miller & Moskowitz, LLP
438 First Street, 4th Floor
Santa Rosa, CA 95401
tetepHoNe No: 707-525-8800 FAX NO.(Optiona): 707-545-8242
E-MAIL ADDRESS (Optionay: beach@perrylaw.net / darcy@perrylaw.net
ATTORNEY FOR (Name): Defendants Beverly Healthcare-California, Inc. dba GLC-Fresno, et al
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno
streerappress: 1130 O Street
MAILING ADDRESS:
cityanpzipcove: Fresno, CA 93722
srancH name: Civil Department, Central Division
PLAINTIFF/PETITIONER: Josie May Brown, individually
DEFENDANT/RESPONDENT: Beverly Healthcare-California, Inc. dba Golden
LivingCenter-Fresno and Beverly Healthcare-California, Inc. dba Golden LivingCenter-Clovis
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [XJ UNLIMITED CASE () LimiteD CASE 17CECG04065
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 9, 2018 Time: 9:00 am Dept.: 305 Div.: Room:
Address of court (if different from the address above):
[Q]) Notice of Intent to Appear by Telephone, by (name): Anne C. D'Arcy
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. (CJ This statement is submitted by party (name):
b. [QQ This statement is submitted jointly by parties (names):
BEVERLY HEALTHCARE-CALIFORNIA, INC. dba GOLDEN LIVINGCENTER FRESNO
BEVERLY HEALTHCARE-CALIFORNIA, INC. dba GOLDEN LIVINGCENTER CLOVIS
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. (CQ The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. (C) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. (C] The following parties named in the complaint or cross-complaint
(1) [)) have not been served (specify names and explain why not):
(2) (2) have been served but have not appeared and have not been dismissed (specify names):
(3) [CQ have had a default entered against them (specify names):
c. () The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
4. Description of case
a. Typeofcasein [J complaint [CJ cross-complaint (Describe, including causes of action):
Complaint for Damages: 1) Elder Abuse (Pursuant to Welfare and Institutions Code sections 15600, et seq.);
2) Negligence; 3) Violation of Residents Rights (Pursuant to Health and Safety Code section 1430(b))
. : _ ; Page 1 of 6
Form Adopied for Mandatory Use 7. ; Cal Rules of Cous,
Vusieal Counc of Calton — CEB" Essential CASE MANAGEMENT STATEMENT Tul 97208 790
Gwe fRer duh 20) CED | ae o rms: vn courts. c0 gov
GOLDEN LIVINGCM-110
PLAINTIFF/PETITIONER:Josie May Brown, individually CASE NUMBER:
17CECG04065
DEFENDANT/RESPONDENT: Beverly Healthcare-California, Inc. dba Golden LivingCenter
Fresno and Beverly Healthcare-California, Inc. dba Golden LivingCenter Clovis
4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff alleges insufficient and inadequately trained staff cared for resident Josie May Brown at two Golden Living
skilled nursing facilities between 2010 and the present. Defendants deny liability and have not operated either facility
since December 2016. Claims against GLC-Fresno are time-barred. Golden Living denies that Plaintiff incurred any
harm or injury during their care.
CC) (if more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request [XQ a jury trial (2) a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. () The trial has been set for (date):
b. [XQ] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain): The pleadings are not settled.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
See Attachment 6(c).
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [QQ days (specify number): 7-10
b. [C} hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [KX] by the attorney or party listed in the caption CC) by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. | Fax number:
e. E-mail address: g. Party represented:
() Additional representation is described in Attachment 8
9. Preference
CC) This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [XJhas [J has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party [Jhas [] has not reviewed the ADR information package identified in rule 3.221
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [CQ This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) (C) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) [XJ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Amount in controversy exceeds jurisdictional limit.
M-140 (Rev. July 1, 2011) ; CASE MANAGEMENT STATEMENT "Page 20f
“ER | Essential
GB f2\Forms: GOLDEN LIVINGCM-110
PLAINTIFF/PETITIONER:Josie May Brown, individually CASE NUMBER:
DEFENDANT/RESPONDENT: Beverly Healthcare-California, Inc, dba Golden LivingCenter
Fresno and Beverly Healthcare-California, Inc. dba Golden LivingCenter Clovis
17CECG04065
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing
this form are willing to
participate in the following ADR
processes (check all that apply):
If the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties' ADR
stipulation):
(C] Mediation session not yet scheduled
(C] Mediation session scheduled for (date):
(1) Mediation QO
(C) Agreed to complete mediation by (date):
(C] Mediation completed on (date):
(J Settlement conference not yet scheduled
(2) Settlement wo (CJ Settlement conference scheduled for (date):
conference
() Agreed to complete settlement conference by (date):
(CC) Settlement conference completed on (date):
() Neutral evaluation not yet scheduled
(3) Neutral evaluation a (C) Neutral evaluation scheduled for (date):
(CC) Agreed to complete neutral evaluation by (date):
(C] Neutral evaluation completed on (date):
(C) Judicial arbitration not yet scheduled
(4) Nonbinding judicial oO (C] Judicial arbitration scheduled for (date):
arbitration (2) Agreed to complete judicial arbitration by (date):
(C) Judicial arbitration completed on (date):
(CC) Private arbitration not yet scheduled
(5) Binding private a | (C) Private arbitration scheduled for (date):
arbitration Co) Agreed to complete private arbitration by (date):
(C) Private arbitration completed on (date)
CVAD session not yet scheduled
(6) Other (specify): Oo CVAD session scheduled for (date):
(2) Agreed to complete ADR session by (date):
CV ADR completed on (date):
CM-110 (Rev, July 1, 2011]
CEB '| Essential
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CASE MANAGEMENT STATEMENT - Page 3 of 5
GOLDEN LIVINGCM-110
DEFENDANT/RESPONDENT: Beverly Healthcare-California, Inc. dba Golden LivingCenter
Fresno and Beverly Healthcare-California, Inc. dba Golden LivingCenter Clovis
PLAINTIFF/PETITIONER: Josie May Brown, individually CASE NUMBER:
17CECG04065
11. Insurance
a. [&} Insurance carrier, if any, for party filing this statement (name): AIG/Chartis Specialty Lines Insurance Company
b. Reservation of rights: CQ Yes (CJ No
c. [C] Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
CQ Bankruptcy — ()) Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. () There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
CC) Additional cases are described in Attachment 13a.
b. Co Amotionto [C] consolidate (2) coordinate will be filed by (name party):
14. Bifurcation
() The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
CQ) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Demurrer by Golden Living on statutes of limitation defense will be filed before 10/9/18.
16. Discovery
a. [] The party or parties have completed all discovery.
b. [Q The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendants Written Discovery December 2018
Defendants Deposition of Plaintiff and family members January 2019
Defendants Possible IME of Plaintiff February 2019
Defendants Expert Discovery Per code
c. [) The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of &
“ERB | Essential
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PLAINTIFF/PETITIONER: Josie May Brown, individually — CASE NUMBER:
17CECG04065
DEFENDANT/RESPONDENT: _Reverly Healthcare-California, Inc. dba Golden LivingCenter
Fresno and Beverly Healthcare-California, Inc. dba Golden LivingCenter Clovis
17. Economic litigation
a. (C) This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. [2] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
(XQ The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): Golden Living's first appearance will be on or before 10/9/18 by demurrer as the claims
against GLC-Fresno and GLC-Clovis are barred by the 1 year (CCP 340.5) and 2 year
(CCP 335.1) statutes of limitation.
19. Meet and confer
a. (XJ The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of
Court (if not, explain): Counsel for Golden Living and Plaintiff have been actively negotiating settlement.
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify): If Plaintiff has not accepted an offer of settlement by 9/27/18, Golden Living will demur to the Comr
20. Total number of pages attached (if any); J
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: September 17, 2018
2
Anne C. D'Arcy Wane (2, Dh.
(TYPE OR PRINT NAME) (SIGNATURE OF PABTTOR ATTORNEY)
>
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
C) Additional signatures are attached.
(OM-110 Rev. duly 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5
CEB Essential
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GOLDEN LIVINGMC-025
SHORT TITLE CASE NUMBER:
f- Brown v. Beverly Healthcare-California 17CECG04065
ATTACHMENT (Number): 6(c)—
(This Attachment may be used with any Judicial Council form.)
Trial/Mediations
Dates Reason County
08/24/18 MSC USDC San Francisco
09/18/18 MSC Sonoma
10/18/18 Final Pre-Trial Conf. USDC San Francisco
10/19/18-10/29/18 Trial Sonoma
10/23/18-10/30/18 Trial USDC San Francisco
11/19/18-12/05/18 Trial Santa Clara
11/21/18 MSC Fresno
12/14/18-01/02/19 Trial Fresno
01/07/19-02/01/19 Trial USDC San Francisco
01/15/19 MSC Sonoma
01/18/19-01/20/19 Trial Sonoma
02/11/19 MSC Alameda
02/15/19-02/22/19 Trial Sonoma
03/11/19 MSC Sonoma
03/25/19-04/08/19 Trial Alameda
04/12/19-04/17/19 Trial Sonoma
04/25/19 MSC San Mateo
05/06/19-05/14/19 Trial San Mateo
05/13/19-05/24/19 Trial San Francisco
05/31/19-06/07/19 Trial Alameda
06/07/19 MSC Solano
07/19/19-7/31/19 Trial Solano
03/11/20 MSC Alameda
04/17/20-05/01/20 Triad, Alameda
Personal Commitments:
09/12/18-09/14/18
10/17/18-10/21/18
12/24/18-01/04/19
03/01/19-03/17/19
06/10/19-07/05/19
08/09/19-08/19/19
10/01/19-10/31/19
(If the item that this Attachment concems is made under penalty of perjury, all statements in this
Attachment are made under penalty of perjury.)
Page 1 __ of 1___
(Add pages as required)
Form Approved for Optional Use
Judicial Couneil of California
MC-025 (Rev. July 1, 2009),
CEB’ | Essential
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ATTACHMENT
to Judicial Council Form
www. courtinfo.ca.gov
GOLDEN LIVINGYN DA wv BF wWwN
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PROOF OF SERVICE
JOSIE MAE BROWN, individually v. BEVERLY HEALTHCARE — CALIFORNIA, INC. dba
GOLDEN LIVINGCENTER ~ FRESNO; BEVERLY HEALTHCARE — CALIFORNIA, INC. dba
GOLDEN LIVINGCENTER — CLOVIS, and DOES 1 through 200, inclusive
Fresno County Superior Court Case No. 17CECG04065
STATE OF CALIFORNIA, COUNTY OF SONOMA.
I, the undersigned declare:
Iam over the age of eighteen (18) years and not a party to the within action. I am an
employee of Perry, Johnson, Anderson, Miller, & Moskowitz, LLP’s and my address is 438 First
Street, 4"" Floor, Santa Rosa, California 95401, which is located in the County of Sonoma.
On the date below indicated, I served on the interested parties in this action the within
documents described as:
e DEFENDANTS BEVERLY HEALTHCARE-CALIFORNIA, INC. dba GOLDEN
LIVINGCENTER — FRESNO and BEVERLY HEALTHCARE — CALIFORNIA,
INC. dba GOLDEN LIVINGCENTER - CLOVIS CASE MANAGEMENT
STATEMENT
X_ (BY MAIL) On September 19, 2018, I caused each envelope, with postage thereon fully
prepaid, to be placed in the United States mail at Santa Rosa, California. I am readily
familiar with the business practice for collection and processing of mail in this office; that
in the ordinary course of business said document would be deposited with the US Postal
Service in Santa Rosa on that same day. I understand that service shall be presumed
invalid upon motion of a party served if the postal cancellation date or postage meter date
on the envelope is more than one day afier the date of deposit for mailing contained on this
declaration.
PLAINTIFF’S COUNSEL COUNSEL FOR DYCORA
Steven C. Peck TRANSITIONAL HEALTH - CLOVIS LLC
Adam J. Peck dba DYCORA TRANSITIONAL HEALTH
PECK LAW GROUP, APC & LIVING — CLOVIS
6454 Van Nuys Boulevard, Suite 150 Bryan R, Reid
‘Van Nuys, CA 91401-1407 James E, Yee
Farbod Faizai
LEWIS BRISBOIS BISGAARD & SMITH
LLP
650 East Hospitality Lane, Suite 600
San Bernardino, California 92408
I declare under penalty of perjury under the laws of the State of California that the above is
true and correct, and that this declaration was executed on September 19, 2018 at Santa Rosa,
California.
Jacqueline Schaay (Bogen Senco
1
PROOF OF SERVICE
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY David F. Beach (SBN 127135) / Anne C. D'Arcy (SBN 232948) Perry Johnson Anderson Miller & Moskowitz, LLP 438 First Street, 4th Floor Santa Rosa, CA 95401 tetepHoNe No: 707-525-8800 FAX NO.(Optiona): 707-545-8242 E-MAIL ADDRESS (Optionay: beach@perrylaw.net / darcy@perrylaw.net ATTORNEY FOR (Name): Defendants Beverly Healthcare-California, Inc. dba GLC-Fresno, et al SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno streerappress: 1130 O Street MAILING ADDRESS: cityanpzipcove: Fresno, CA 93722 srancH name: Civil Department, Central Division PLAINTIFF/PETITIONER: Josie May Brown, individually DEFENDANT/RESPONDENT: Beverly Healthcare-California, Inc. dba Golden LivingCenter-Fresno and Beverly Healthcare-California, Inc. dba Golden LivingCenter-Clovis CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [XJ UNLIMITED CASE () LimiteD CASE 17CECG04065 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 9, 2018 Time: 9:00 am Dept.: 305 Div.: Room: Address of court (if different from the address above): [Q]) Notice of Intent to Appear by Telephone, by (name): Anne C. D'Arcy INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. (CJ This statement is submitted by party (name): b. [QQ This statement is submitted jointly by parties (names): BEVERLY HEALTHCARE-CALIFORNIA, INC. dba GOLDEN LIVINGCENTER FRESNO BEVERLY HEALTHCARE-CALIFORNIA, INC. dba GOLDEN LIVINGCENTER CLOVIS 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. (CQ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. (C) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. (C] The following parties named in the complaint or cross-complaint (1) [)) have not been served (specify names and explain why not): (2) (2) have been served but have not appeared and have not been dismissed (specify names): (3) [CQ have had a default entered against them (specify names): c. () The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a. Typeofcasein [J complaint [CJ cross-complaint (Describe, including causes of action): Complaint for Damages: 1) Elder Abuse (Pursuant to Welfare and Institutions Code sections 15600, et seq.); 2) Negligence; 3) Violation of Residents Rights (Pursuant to Health and Safety Code section 1430(b)) . : _ ; Page 1 of 6 Form Adopied for Mandatory Use 7. ; Cal Rules of Cous, Vusieal Counc of Calton — CEB" Essential CASE MANAGEMENT STATEMENT Tul 97208 790 Gwe fRer duh 20) CED | ae o rms: vn courts. c0 gov GOLDEN LIVINGCM-110 PLAINTIFF/PETITIONER:Josie May Brown, individually CASE NUMBER: 17CECG04065 DEFENDANT/RESPONDENT: Beverly Healthcare-California, Inc. dba Golden LivingCenter Fresno and Beverly Healthcare-California, Inc. dba Golden LivingCenter Clovis 4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff alleges insufficient and inadequately trained staff cared for resident Josie May Brown at two Golden Living skilled nursing facilities between 2010 and the present. Defendants deny liability and have not operated either facility since December 2016. Claims against GLC-Fresno are time-barred. Golden Living denies that Plaintiff incurred any harm or injury during their care. CC) (if more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request [XQ a jury trial (2) a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. () The trial has been set for (date): b. [XQ] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): The pleadings are not settled. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): See Attachment 6(c). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [QQ days (specify number): 7-10 b. [C} hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [KX] by the attorney or party listed in the caption CC) by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. | Fax number: e. E-mail address: g. Party represented: () Additional representation is described in Attachment 8 9. Preference CC) This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [XJhas [J has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party [Jhas [] has not reviewed the ADR information package identified in rule 3.221 b. Referral to judicial arbitration or civil action mediation (if available). (1) [CQ This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) (C) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) [XJ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Amount in controversy exceeds jurisdictional limit. M-140 (Rev. July 1, 2011) ; CASE MANAGEMENT STATEMENT "Page 20f “ER | Essential GB f2\Forms: GOLDEN LIVINGCM-110 PLAINTIFF/PETITIONER:Josie May Brown, individually CASE NUMBER: DEFENDANT/RESPONDENT: Beverly Healthcare-California, Inc, dba Golden LivingCenter Fresno and Beverly Healthcare-California, Inc. dba Golden LivingCenter Clovis 17CECG04065 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties' ADR stipulation): (C] Mediation session not yet scheduled (C] Mediation session scheduled for (date): (1) Mediation QO (C) Agreed to complete mediation by (date): (C] Mediation completed on (date): (J Settlement conference not yet scheduled (2) Settlement wo (CJ Settlement conference scheduled for (date): conference () Agreed to complete settlement conference by (date): (CC) Settlement conference completed on (date): () Neutral evaluation not yet scheduled (3) Neutral evaluation a (C) Neutral evaluation scheduled for (date): (CC) Agreed to complete neutral evaluation by (date): (C] Neutral evaluation completed on (date): (C) Judicial arbitration not yet scheduled (4) Nonbinding judicial oO (C] Judicial arbitration scheduled for (date): arbitration (2) Agreed to complete judicial arbitration by (date): (C) Judicial arbitration completed on (date): (CC) Private arbitration not yet scheduled (5) Binding private a | (C) Private arbitration scheduled for (date): arbitration Co) Agreed to complete private arbitration by (date): (C) Private arbitration completed on (date) CVAD session not yet scheduled (6) Other (specify): Oo CVAD session scheduled for (date): (2) Agreed to complete ADR session by (date): CV ADR completed on (date): CM-110 (Rev, July 1, 2011] CEB '| Essential cebcom | /2|Forms: CASE MANAGEMENT STATEMENT - Page 3 of 5 GOLDEN LIVINGCM-110 DEFENDANT/RESPONDENT: Beverly Healthcare-California, Inc. dba Golden LivingCenter Fresno and Beverly Healthcare-California, Inc. dba Golden LivingCenter Clovis PLAINTIFF/PETITIONER: Josie May Brown, individually CASE NUMBER: 17CECG04065 11. Insurance a. [&} Insurance carrier, if any, for party filing this statement (name): AIG/Chartis Specialty Lines Insurance Company b. Reservation of rights: CQ Yes (CJ No c. [C] Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. CQ Bankruptcy — ()) Other (specify): Status: 13. Related cases, consolidation, and coordination a. () There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: CC) Additional cases are described in Attachment 13a. b. Co Amotionto [C] consolidate (2) coordinate will be filed by (name party): 14. Bifurcation () The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions CQ) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Demurrer by Golden Living on statutes of limitation defense will be filed before 10/9/18. 16. Discovery a. [] The party or parties have completed all discovery. b. [Q The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants Written Discovery December 2018 Defendants Deposition of Plaintiff and family members January 2019 Defendants Possible IME of Plaintiff February 2019 Defendants Expert Discovery Per code c. [) The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of & “ERB | Essential Ge f\Forms: GOLDEN LIVINGCM-110 PLAINTIFF/PETITIONER: Josie May Brown, individually — CASE NUMBER: 17CECG04065 DEFENDANT/RESPONDENT: _Reverly Healthcare-California, Inc. dba Golden LivingCenter Fresno and Beverly Healthcare-California, Inc. dba Golden LivingCenter Clovis 17. Economic litigation a. (C) This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. [2] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues (XQ The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Golden Living's first appearance will be on or before 10/9/18 by demurrer as the claims against GLC-Fresno and GLC-Clovis are barred by the 1 year (CCP 340.5) and 2 year (CCP 335.1) statutes of limitation. 19. Meet and confer a. (XJ The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): Counsel for Golden Living and Plaintiff have been actively negotiating settlement. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): If Plaintiff has not accepted an offer of settlement by 9/27/18, Golden Living will demur to the Comr 20. Total number of pages attached (if any); J | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: September 17, 2018 2 Anne C. D'Arcy Wane (2, Dh. (TYPE OR PRINT NAME) (SIGNATURE OF PABTTOR ATTORNEY) > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) C) Additional signatures are attached. (OM-110 Rev. duly 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 CEB Essential cebcom | [2|Forms: GOLDEN LIVINGMC-025 SHORT TITLE CASE NUMBER: f- Brown v. Beverly Healthcare-California 17CECG04065 ATTACHMENT (Number): 6(c)— (This Attachment may be used with any Judicial Council form.) Trial/Mediations Dates Reason County 08/24/18 MSC USDC San Francisco 09/18/18 MSC Sonoma 10/18/18 Final Pre-Trial Conf. USDC San Francisco 10/19/18-10/29/18 Trial Sonoma 10/23/18-10/30/18 Trial USDC San Francisco 11/19/18-12/05/18 Trial Santa Clara 11/21/18 MSC Fresno 12/14/18-01/02/19 Trial Fresno 01/07/19-02/01/19 Trial USDC San Francisco 01/15/19 MSC Sonoma 01/18/19-01/20/19 Trial Sonoma 02/11/19 MSC Alameda 02/15/19-02/22/19 Trial Sonoma 03/11/19 MSC Sonoma 03/25/19-04/08/19 Trial Alameda 04/12/19-04/17/19 Trial Sonoma 04/25/19 MSC San Mateo 05/06/19-05/14/19 Trial San Mateo 05/13/19-05/24/19 Trial San Francisco 05/31/19-06/07/19 Trial Alameda 06/07/19 MSC Solano 07/19/19-7/31/19 Trial Solano 03/11/20 MSC Alameda 04/17/20-05/01/20 Triad, Alameda Personal Commitments: 09/12/18-09/14/18 10/17/18-10/21/18 12/24/18-01/04/19 03/01/19-03/17/19 06/10/19-07/05/19 08/09/19-08/19/19 10/01/19-10/31/19 (If the item that this Attachment concems is made under penalty of perjury, all statements in this Attachment are made under penalty of perjury.) Page 1 __ of 1___ (Add pages as required) Form Approved for Optional Use Judicial Couneil of California MC-025 (Rev. July 1, 2009), CEB’ | Essential cebcom | {2)Forms: ATTACHMENT to Judicial Council Form www. courtinfo.ca.gov GOLDEN LIVINGYN DA wv BF wWwN 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE JOSIE MAE BROWN, individually v. BEVERLY HEALTHCARE — CALIFORNIA, INC. dba GOLDEN LIVINGCENTER ~ FRESNO; BEVERLY HEALTHCARE — CALIFORNIA, INC. dba GOLDEN LIVINGCENTER — CLOVIS, and DOES 1 through 200, inclusive Fresno County Superior Court Case No. 17CECG04065 STATE OF CALIFORNIA, COUNTY OF SONOMA. I, the undersigned declare: Iam over the age of eighteen (18) years and not a party to the within action. I am an employee of Perry, Johnson, Anderson, Miller, & Moskowitz, LLP’s and my address is 438 First Street, 4"" Floor, Santa Rosa, California 95401, which is located in the County of Sonoma. On the date below indicated, I served on the interested parties in this action the within documents described as: e DEFENDANTS BEVERLY HEALTHCARE-CALIFORNIA, INC. dba GOLDEN LIVINGCENTER — FRESNO and BEVERLY HEALTHCARE — CALIFORNIA, INC. dba GOLDEN LIVINGCENTER - CLOVIS CASE MANAGEMENT STATEMENT X_ (BY MAIL) On September 19, 2018, I caused each envelope, with postage thereon fully prepaid, to be placed in the United States mail at Santa Rosa, California. I am readily familiar with the business practice for collection and processing of mail in this office; that in the ordinary course of business said document would be deposited with the US Postal Service in Santa Rosa on that same day. I understand that service shall be presumed invalid upon motion of a party served if the postal cancellation date or postage meter date on the envelope is more than one day afier the date of deposit for mailing contained on this declaration. PLAINTIFF’S COUNSEL COUNSEL FOR DYCORA Steven C. Peck TRANSITIONAL HEALTH - CLOVIS LLC Adam J. Peck dba DYCORA TRANSITIONAL HEALTH PECK LAW GROUP, APC & LIVING — CLOVIS 6454 Van Nuys Boulevard, Suite 150 Bryan R, Reid ‘Van Nuys, CA 91401-1407 James E, Yee Farbod Faizai LEWIS BRISBOIS BISGAARD & SMITH LLP 650 East Hospitality Lane, Suite 600 San Bernardino, California 92408 I declare under penalty of perjury under the laws of the State of California that the above is true and correct, and that this declaration was executed on September 19, 2018 at Santa Rosa, California. Jacqueline Schaay (Bogen Senco 1 PROOF OF SERVICE