Preview
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. LÂ¥_] 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