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  • Stanford Health Care vs Partnership Healthplan of California Breach of Contract/Warranty Unlimited(06)  document preview
  • Stanford Health Care vs Partnership Healthplan of California Breach of Contract/Warranty Unlimited(06)  document preview
  • Stanford Health Care vs Partnership Healthplan of California Breach of Contract/Warranty Unlimited(06)  document preview
  • Stanford Health Care vs Partnership Healthplan of California Breach of Contract/Warranty Unlimited(06)  document preview
  • Stanford Health Care vs Partnership Healthplan of California Breach of Contract/Warranty Unlimited(06)  document preview
  • Stanford Health Care vs Partnership Healthplan of California Breach of Contract/Warranty Unlimited(06)  document preview
  • Stanford Health Care vs Partnership Healthplan of California Breach of Contract/Warranty Unlimited(06)  document preview
  • Stanford Health Care vs Partnership Healthplan of California Breach of Contract/Warranty Unlimited(06)  document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY ‘Troy R. Szabo (SBN 219387) Emily N. Clark (SBN 318891) Kennaday Leavitt PC 621 Capitol Mall, Suite 2500, Sacramento, CA 95814 TELEPHONE NO.: (916) 732-3060 FAX NO. (Optional) E-MAIL ADDRESS (Optiona): tszabo@kennadayleavitt.com; eclark@kennadayleavitt.com ATTORNEY FOR (Name): Partnership HealthPlan of California SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara street appress: 191 North First Street MAILING ADDRESS: 191 North First Street city AND zIP CODE: San Jose, CA 95113 BRANCH NAME: Downtown Superior Courthouse PLAINTIFF/PETITIONER: Stanford Health Care DEFENDANT/RESPONDENT: Partnership HealthPian of California CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE [J umitep case 19CV350335 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 6/23/2020 Time: 10:00 am Dept.: 8 Div.: Room: Address of court (if different from the address above): [Z] Notice of Intent to Appear by Telephone, by (name): Emily N. Clark INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. This statement is submitted by party (name): Defendant, Partnership HealthPlan of California » EJ This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date): 7/18/2019 b. [] The cross-complaint, if any, was filed on (date): Service (fo be answered by plaintiffs and cross-complainants only) a. [-] all parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [1] The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not): (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) [1 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 date by which they may be served): Description of case a. Type of case in complaint Co cross-complaint (Describe, including causes of action): Single cause of action for breach of written contract Page 1 of 5 Form Adopted for Mandatory Use Judicial Counc of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, ‘CM-110 [Rev. July 1, 2011] rules 3.720-3.730 www courts.ca.gov fh CM-110 PLAINTIFF/PETITIONER: Stanford Health Care ‘CASE NUMBER: 19CV350335 IEFENDANT/RESPONDENT: Partnership HealthPlan of California 4. b. Provide a brief statement of the case, including any damages. (If 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief, ) Plaintiff alleges it was underpaid approximately $680,000 for medical services provided to five of Defendant's health plan members. [1 (if more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request Coa jury trial @ nonjury trial. (if more than one party, provide the name of each party requesting a jury trial): Trial date a. ([__] The trial has been set for (date): b. 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): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 9/28/20 - 10/02/20 - Arbitration; 10/26/20-10/30/20 - Arbitration; 11/26/20-1 1/27/20 - Vacation; 11/30-12/1 1/20 - Trial Estimated length of trial The party or parties estimate that the trial will take (check one): a. [Z] days (specify number): 4-5 b. [J] hours (short causes) (specify): Trial representation (fo be answered for each party) The party or parties will be represented at trial [YY] by the attorney or party listed in the caption [] by the following: a. Attorney: b. Firm: ©. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: [] Additional representation is described in Attachment 8. Preference [1] 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 has L_] 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 [_] has [_] has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). 4) C9 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section. 1775.3 because the amount in controversy does not exceed the statutory limit. @) C4) 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. @m This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Case damages exceed statutory threshold. ‘CM-110 Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Stanford Health Care [CASE NUMBER: 19CV350335 DEFENDANT/RESPONDENT: Partnership HealthPlan of California 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 If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties‘ ADR processes (check all that apply): | stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (dafe): (CM-110 (Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Stanford Health Care CASE NUMBER: 19CV350335 DEFENDANT/RESPONDENT: Partnership HealthPlan of California 11. Insurance a. [_] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [J Yes No ec 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. [] Bankruptcy [_] Other (specify): Status: 13, Related cases, consolidation, and coordination a. [1 There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [J Additional cases are described in Attachment 13a. b. [_] A motion to [) consolidate [ ) coordinate will be filed by (name party): 14. Bifurcation [2 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 [J The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. (__] The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptior Date Defendant interrogatories, RFAs, RFPDs, Spec. Rogs 4/20/2020 Defendant Supplemental discovery 8/20/2020 c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (CM-110 [Rev. July 1, 2011] Page 4of 5 CASE MANAGEMENT STATEMENT CM-11 PLAINTIFF/PETITIONER: Stanford Health Care CASE NUMBER: | 19CV350335 DEFENDANT/RESPONDENT: Partnership HealthPlan of California 17. Economic litigation a. [__] 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. [_] 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 (] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. L¥_] 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): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): The parties still anticipate a trial date in March 2021, due to scheduling conflicts. Parties are actively engaged in discovery. 20. Total number of pages attached (if any): | NA | 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: June 8, 2020 Emily N. Clark (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) » (SIGNATURE OF PARTY OR ATTORNEY) {] Additional signatures are attached. (CM-110 [Rev. July 4, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SACRAMENTO At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Sacramento, State of California. My business address is 621 Capitol Mall, Suite 2500, Sacramento, CA 95814. On June 8, 2020, I served true copies of the following document(s) described as CASE MANAGEMENT STATEMENT, on the interested parties in this action as follows: Barbara V. Lam STEPHENSON ACQUISTO & COLMAN, INC. 303 N. Glenoaks Blvd., Suite 700 Burbank, CA 91502 Email: blam@sacfirm.com 10 cc: Aida Grigorian Email: agrigorian@sacfirm.com 11 Attorneys for Plaintiff 12 Stanford Health Care 13 14 [xX] BY EMAIL: I caused such documents to be served via electronic mail transmittal to the offices of the email addresses herein described. 15 [] BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the 16 persons at the addresses listed herein and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with Kennaday Leavitt PC’s 17 practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of 18 business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 19 20 [] BY FEDEX: I enclosed said document(s) in an envelope or package provided by FedEx and addressed to the persons at the addresses listed above. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of FedEx 21 or delivered such document(s) to a courier or driver authorized by FedEx to receive 22 documents. 23 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on June 8, 2020, at Sacramento, California. 24 25 tien Ul PAULA HENDRICKSON’ bape.+ 26 2 a 28 00161628.1 PROOF OF SERVICE