Preview
JORDAN W. MAURER, ESQ. (Bar No. 303000)
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FRANK LAW GROUP, P.C.
1517 Lincoln Way, Courthouse Plaza FILED
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Auburn, CA 95603 Superior Court of California
County of Placer
Telephone: (530) 887-8585
HD
Facsimile: (530) 887-8586 AUG 24 2020
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Jake Chatters
tive Officer & Clerk
Attorneys for Plaintiffs
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12:38
: O. Lucatuorto, Deputy
TIMOTHY NEWMAN and JAMES NEWMAN
HD
08/07/2020
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
FN
IN AND FOR THE COUNTY OF PLACER
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Received
TIMOTHY NEWMAN Case No. SCV0041951
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and JAMES NEWMAN
[PROPOSEDLO RDER GRANTING
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PLAINTIFFS’ MOTION FOR ORDER
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Plaintiffs, COMPELLING PRODUCTION OF
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DOCUMENTS AND FOR SANCTIONS
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Complaint Filed: | October 17, 2018
KERRIA HOLDINGS, LLC, doing business _| Trial Date: October 23, 2020
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as WESTVIEW HEALTHCARE CENTER;
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PLUM HEALTHCARE GROUP, LLC; and | Hearing Date: August 7, 2020
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DOES 2-100, Hearing Time: 8:30 a.m.
Department: 3
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Defendants. Judge: Hon. Michael W. Jones
PB
The parties came before this Court in Department 3 on August 7, 2020 at 8:30 a.m. for
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Plaintiffs’ motion to compel the production of documents and for sanctions.
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After full consideration of the evidence and the written submissions of the parties, the
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Court issued a tentative ruling on August 6, 2020. The tentative ruling was made available for
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all parties to review before the hearing. A copy of the tentative ruling is attached to this Order as
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NY
Exhibit 1, and is incorporated herein by this reference.
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Having read the motion, memoranda and declarations filed by the parties, and having
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heard argument of counsel, the Court grants adopted the tentative ruling as the final ruling of the
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court.
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[Proposed]Order Granting Motion
Plaintiffs’ forOrder Compelling Productionof Documentsand forSanctions
IT IS HEREBY ORDERED:
Plaintiffs’ motion to compel production of documents from Kerria Holdings, LLC
(“Kerria”) is granted in part, and denied in part, as set forth below.
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The motion isgranted as to Request No. 27. However the request shall be modified to
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require production of documents beginning one (1) year prior to
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the last day of decedent’s
residency.
The motion isgranted as to Request No. 28. However the request shall be modified to
FSF
require production of documents which constitute reports to California and federal agencies
pertaining to staffing and use of resources from 2015-present.
56S
10 The motion is granted as to Request Nos. 31 and 33.
11 The motion is granted as to Request No. 97. However the request shall be modified to
12 require production of documents which reflect RUG rates of residents beginning one (1) year
13 prior to the last day of decedent’s residency.
14 For each of the foregoing requests, any private health or personal information of third
parties shall be redacted from documents produced by Kerria. To the extent Kerria continues to
16 withhold responsive documents based on the quality assurance privilege or attorney-client
17 privilege, Kerria shall provide a privilege log. The motion is otherwise denied. Plaintiffs’
18 remaining requests are overbroad, and plaintiffs do not demonstrate good cause for production.
19 To demonstrate good cause, plaintiffs must set forth specific facts justifying the discovery.
20 Glenfed Dev. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117. Plaintiffs rely on the
21 allegations of the complaint as opposed to setting forth facts specific to this case which suggest
22 that a broad review of Kerria’s financial documents, or the employment files of Kerria’s
23 employees, iswarranted.
24 With respect to those requests for which the motion is granted, Kerria shall serve further
responses, responsive documents, and a privilege log ifapplicable, on or before August 28, 2020.
26 Plaintiffs’ request for sanctions is denied.
27 ///
28 ///
2
{Proposed}Order GrantingPlaintiffs’
Motion forOrder CompellingProductionof Documents and forSanctions
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Judge of the Supqior Cou
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[Proposed]Order GrantingPlaintiffs’
Motion forOrder CompellingProduction ofDocuments and forSanctions
EXHIBIT |
PLACER COUNTY SUPERIOR COURT
CIVIL LAW AND MOTION TENTATIVE RULINGS
FRIDAY, AUGUST 7, 2020, AT 8:30 A.M.
These are the tentative rulings for civil law and motion matters set at 8:30 a.m., Friday, August
7, 2020. The tentative ruling will be the court’s final ruling unless notice of appearance and
request for oral argument are given to allparties and the court by 4:00 p.m., Thursday, August
6, 2020. Notice of request for oral argument to the court must be made by calling (916) 408-
6481. Requests for oral argument made by any other method will not be accepted. Prevailing
parties are required to submit orders after hearing to the court within 10 court days of the
scheduled hearing date, and after approval as to form by opposing counsel. Court reporters are
not provided by the court. Parties may provide a court reporter at their own expense.
Except as otherwise noted, these tentative rulings are issued by the HONORABLE MICHAEL
W. JONES and iforal argument is requested, itwill be heard in Department 3, located at 101
Maple Street, Auburn, California.
| PLEASE NOTE: TELEPHONIC APPEARANCE IS REQUIRED FOR LAW
AND MOTION MATTERS. (Emergency Local Rule 10.28; see also Local Rule 20.8.) More
www.placer.courts.ca.gov.
i. M-CV-0022615Z Toor Village, LLC vs. Fatemeh Hajihossein, D,D.S.
Plaintiffis the prevailing party in thi ct action asjudgment was entered in its
favor on January 2, 2020. Defendant ¢ edes that plaintiff is entitled to reasonable
S-CV-0041951 Newman, Timothy, et al vs. Kerria Holdings, LLC
Plaintiffs’ motion to compel production of documents from Kerria Holdings, LLC
(“Kerria”) isgranted in part, and denied in part, as set forth below.
The motion is granted as to Request No. 27. However the request shall be modified to
require production of documents beginning one (1) year prior to the last day of
decedent’s residency.
The motion is granted as to Request No. 28. However the request shall be modified to
require production of documents which constitute reports to California and federal
agencies pertaining to staffing and use of resources from 2015-present.
The motion is granted as to Request Nos. 31 and 33.
The motion is granted as to Request No. 97. However the request shall be modified to
require production of documents which reflect RUG rates of residents beginning one (1)
year prior to the last day of decedent’s residency.
For each of the foregoing requests, any private health or personal information of third
parties shall be redacted from documents produced by Kerria. To the extent Kerria
continues to withhold responsive documents based on the quality assurance privilege or
attorney-client privilege, Kerria shall provide a privilege log.
The motion is otherwise denied. Plaintiffs’ remaining requests are overbroad, and
plaintiffs do not demonstrate good cause for production. To demonstrate good cause,
plaintiffs must set forth specific factsjustifying the discovery. Glenfed Dev. Corp. v.
Superior Court (1997) 53 Cal.App.4th 1113, 1117. Plaintiffs rely on the allegations of
the complaint as opposed to setting forth facts specific to this case which suggest that a
broad review of Kerria’s financial documents, or the employment filesof Kerria’s
employees, is warranted.
With respect to those requests for which the motion is granted, Kerria shall serve further
responses, responsive documents, and a privilege log ifapplicable, on or before August
28, 2020. Plaintiffs’ request for sanctions is denied.
S-CV-0042129 Michael, Jerry A. vs. FCA US LLC, et al
The motion to compel deposition is continued to August 14, 2020, at 8:30 a.m. in
Department 3.
10. S-CV-0042143 Am. Healthcare Administrative Sves,, Inc. vs. Aizen, Lance
The demurrer to complaint and motion to strike are continued to August 21, 2020, at 8:30
a.m. in Department 3.
PROOF OF SERVICE
Nt!UCCOrUlUCUMOlUWOUlwBONOaeme
Iam a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is Frank Law Group, P.C., 1517 Lincoln Way,
Courthouse Plaza, Auburn, California 95603. On August 7, 2020, I served the within
documents:
- [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR ORDER
COMPELLING PRODUCTION OF DOCUMENTS AND FOR SANCTIONS
[| By United States Mail. I enclosed the documents in a sealed envelope or package
addressed to the persons at the addresses listed below by placing the envelope for collection and
mailing, following our ordinary business practices. Iam readily familiar with this business’s
moO
practice for collecting and processing correspondence for mailing. On the same day that
correspondence isplaced for collection and mailing, itis deposited in the ordinary course of
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business with the United States Postal Service, in a sealed envelope with postage fully prepared.
I am a resident or employed in the county where the mailing occurred. The envelope or package
was placed in the mail at Auburn, California.
SO
X) By Electronic Service. Based on Emergency Rule 12 permitting service by
Bee
electronic transmission via e-mail, Icaused the documents to be sent to the persons at the
electronic notification addresses listed below. No electronic message or other indication that the
transmission was unsuccessful was received within a reasonable time after the transmission.
Be
(] By Fax Transmission. Based on an agreement of the parties to accept service by fax
transmission, I faxed
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the documents to the persons atthe fax numbers listed below. No error was
reported by the fax machine that I used.
DD
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L] By Overnight Delivery. 1 enclosed the documents in an envelope or package
provided by an overnight
BO
delivery carrier and addressed to the persons at the addresses listed
below. Iplaced the envelope or package for collection and overnight delivery at an office or a
regularly utilized drop box of the overnight delivery carrier.
MON
L] By Messenger Service. I served the documents by providing them to a professional
messenger service for personal service to the persons at the addresses listed below.
DODO
Iris G. Glezer, Esq. Attorney for Defendant KERRIA
WILSON GETTY LLP HOLDINGS, LLC dba WESTVIEW
CO
12555 High Bluff Drive, Suite 270 HEALTHCARE CENTER
San Diego, CA 92130
KF
E: IGlezer@wilsongetty.com
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I declare under penalty of perjury under the laws of the State of California that the above
is true and correct. Executed on August 7, 2020, at Auburn, California.
FF BW
Natalie Choate, Legal Assistant to
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Jordan W. Maurer, Esq.
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PROOF OF SERVICE
Preview
JORDAN W. MAURER, ESQ. (Bar No. 303000) = FRANK LAW GROUP, P.C. 1517 Lincoln Way, Courthouse Plaza FILED YH Auburn, CA 95603 Superior Court of California County of Placer Telephone: (530) 887-8585 HD Facsimile: (530) 887-8586 AUG 24 2020 > Jake Chatters tive Officer & Clerk Attorneys for Plaintiffs Da 12:38 : O. Lucatuorto, Deputy TIMOTHY NEWMAN and JAMES NEWMAN HD 08/07/2020 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FN IN AND FOR THE COUNTY OF PLACER Coe Received TIMOTHY NEWMAN Case No. SCV0041951 mek CSC and JAMES NEWMAN [PROPOSEDLO RDER GRANTING —-& PLAINTIFFS’ MOTION FOR ORDER Electronically mk Plaintiffs, COMPELLING PRODUCTION OF NYO DOCUMENTS AND FOR SANCTIONS Vv. }} Complaint Filed: | October 17, 2018 KERRIA HOLDINGS, LLC, doing business _| Trial Date: October 23, 2020 Fe as WESTVIEW HEALTHCARE CENTER; mmm PLUM HEALTHCARE GROUP, LLC; and | Hearing Date: August 7, 2020 aA DOES 2-100, Hearing Time: 8:30 a.m. Department: 3 NHB Defendants. Judge: Hon. Michael W. Jones PB The parties came before this Court in Department 3 on August 7, 2020 at 8:30 a.m. for BO RD Plaintiffs’ motion to compel the production of documents and for sanctions. Co After full consideration of the evidence and the written submissions of the parties, the F& NR Court issued a tentative ruling on August 6, 2020. The tentative ruling was made available for NR KY all parties to review before the hearing. A copy of the tentative ruling is attached to this Order as DD NY Exhibit 1, and is incorporated herein by this reference. kek NY Having read the motion, memoranda and declarations filed by the parties, and having oA NY heard argument of counsel, the Court grants adopted the tentative ruling as the final ruling of the Dn WY NX YY court. //1 eo rn 1 [Proposed]Order Granting Motion Plaintiffs’ forOrder Compelling Productionof Documentsand forSanctions IT IS HEREBY ORDERED: Plaintiffs’ motion to compel production of documents from Kerria Holdings, LLC (“Kerria”) is granted in part, and denied in part, as set forth below. Ge The motion isgranted as to Request No. 27. However the request shall be modified to NBO require production of documents beginning one (1) year prior to mH the last day of decedent’s residency. The motion isgranted as to Request No. 28. However the request shall be modified to FSF require production of documents which constitute reports to California and federal agencies pertaining to staffing and use of resources from 2015-present. 56S 10 The motion is granted as to Request Nos. 31 and 33. 11 The motion is granted as to Request No. 97. However the request shall be modified to 12 require production of documents which reflect RUG rates of residents beginning one (1) year 13 prior to the last day of decedent’s residency. 14 For each of the foregoing requests, any private health or personal information of third parties shall be redacted from documents produced by Kerria. To the extent Kerria continues to 16 withhold responsive documents based on the quality assurance privilege or attorney-client 17 privilege, Kerria shall provide a privilege log. The motion is otherwise denied. Plaintiffs’ 18 remaining requests are overbroad, and plaintiffs do not demonstrate good cause for production. 19 To demonstrate good cause, plaintiffs must set forth specific facts justifying the discovery. 20 Glenfed Dev. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117. Plaintiffs rely on the 21 allegations of the complaint as opposed to setting forth facts specific to this case which suggest 22 that a broad review of Kerria’s financial documents, or the employment files of Kerria’s 23 employees, iswarranted. 24 With respect to those requests for which the motion is granted, Kerria shall serve further responses, responsive documents, and a privilege log ifapplicable, on or before August 28, 2020. 26 Plaintiffs’ request for sanctions is denied. 27 /// 28 /// 2 {Proposed}Order GrantingPlaintiffs’ Motion forOrder CompellingProductionof Documents and forSanctions = KY aoe . f yf ‘/ / Judge of the Supqior Cou WR RR MichaelW. Jones nO ND F&F 6S SS KE BD mkt Aa mk AN om HO om GC SF RO KF NY VY ONY PY FB VY nA NY NY A re ota rn 3 [Proposed]Order GrantingPlaintiffs’ Motion forOrder CompellingProduction ofDocuments and forSanctions EXHIBIT | PLACER COUNTY SUPERIOR COURT CIVIL LAW AND MOTION TENTATIVE RULINGS FRIDAY, AUGUST 7, 2020, AT 8:30 A.M. These are the tentative rulings for civil law and motion matters set at 8:30 a.m., Friday, August 7, 2020. The tentative ruling will be the court’s final ruling unless notice of appearance and request for oral argument are given to allparties and the court by 4:00 p.m., Thursday, August 6, 2020. Notice of request for oral argument to the court must be made by calling (916) 408- 6481. Requests for oral argument made by any other method will not be accepted. Prevailing parties are required to submit orders after hearing to the court within 10 court days of the scheduled hearing date, and after approval as to form by opposing counsel. Court reporters are not provided by the court. Parties may provide a court reporter at their own expense. Except as otherwise noted, these tentative rulings are issued by the HONORABLE MICHAEL W. JONES and iforal argument is requested, itwill be heard in Department 3, located at 101 Maple Street, Auburn, California. | PLEASE NOTE: TELEPHONIC APPEARANCE IS REQUIRED FOR LAW AND MOTION MATTERS. (Emergency Local Rule 10.28; see also Local Rule 20.8.) More www.placer.courts.ca.gov. i. M-CV-0022615Z Toor Village, LLC vs. Fatemeh Hajihossein, D,D.S. Plaintiffis the prevailing party in thi ct action asjudgment was entered in its favor on January 2, 2020. Defendant ¢ edes that plaintiff is entitled to reasonable S-CV-0041951 Newman, Timothy, et al vs. Kerria Holdings, LLC Plaintiffs’ motion to compel production of documents from Kerria Holdings, LLC (“Kerria”) isgranted in part, and denied in part, as set forth below. The motion is granted as to Request No. 27. However the request shall be modified to require production of documents beginning one (1) year prior to the last day of decedent’s residency. The motion is granted as to Request No. 28. However the request shall be modified to require production of documents which constitute reports to California and federal agencies pertaining to staffing and use of resources from 2015-present. The motion is granted as to Request Nos. 31 and 33. The motion is granted as to Request No. 97. However the request shall be modified to require production of documents which reflect RUG rates of residents beginning one (1) year prior to the last day of decedent’s residency. For each of the foregoing requests, any private health or personal information of third parties shall be redacted from documents produced by Kerria. To the extent Kerria continues to withhold responsive documents based on the quality assurance privilege or attorney-client privilege, Kerria shall provide a privilege log. The motion is otherwise denied. Plaintiffs’ remaining requests are overbroad, and plaintiffs do not demonstrate good cause for production. To demonstrate good cause, plaintiffs must set forth specific factsjustifying the discovery. Glenfed Dev. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117. Plaintiffs rely on the allegations of the complaint as opposed to setting forth facts specific to this case which suggest that a broad review of Kerria’s financial documents, or the employment filesof Kerria’s employees, is warranted. With respect to those requests for which the motion is granted, Kerria shall serve further responses, responsive documents, and a privilege log ifapplicable, on or before August 28, 2020. Plaintiffs’ request for sanctions is denied. S-CV-0042129 Michael, Jerry A. vs. FCA US LLC, et al The motion to compel deposition is continued to August 14, 2020, at 8:30 a.m. in Department 3. 10. S-CV-0042143 Am. Healthcare Administrative Sves,, Inc. vs. Aizen, Lance The demurrer to complaint and motion to strike are continued to August 21, 2020, at 8:30 a.m. in Department 3. PROOF OF SERVICE Nt!UCCOrUlUCUMOlUWOUlwBONOaeme Iam a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Frank Law Group, P.C., 1517 Lincoln Way, Courthouse Plaza, Auburn, California 95603. On August 7, 2020, I served the within documents: - [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR ORDER COMPELLING PRODUCTION OF DOCUMENTS AND FOR SANCTIONS [| By United States Mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses listed below by placing the envelope for collection and mailing, following our ordinary business practices. Iam readily familiar with this business’s moO practice for collecting and processing correspondence for mailing. On the same day that correspondence isplaced for collection and mailing, itis deposited in the ordinary course of Guo business with the United States Postal Service, in a sealed envelope with postage fully prepared. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at Auburn, California. SO X) By Electronic Service. Based on Emergency Rule 12 permitting service by Bee electronic transmission via e-mail, Icaused the documents to be sent to the persons at the electronic notification addresses listed below. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. Be (] By Fax Transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed eR the documents to the persons atthe fax numbers listed below. No error was reported by the fax machine that I used. DD HN L] By Overnight Delivery. 1 enclosed the documents in an envelope or package provided by an overnight BO delivery carrier and addressed to the persons at the addresses listed below. Iplaced the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. MON L] By Messenger Service. I served the documents by providing them to a professional messenger service for personal service to the persons at the addresses listed below. DODO Iris G. Glezer, Esq. Attorney for Defendant KERRIA WILSON GETTY LLP HOLDINGS, LLC dba WESTVIEW CO 12555 High Bluff Drive, Suite 270 HEALTHCARE CENTER San Diego, CA 92130 KF E: IGlezer@wilsongetty.com Nn I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on August 7, 2020, at Auburn, California. FF BW Natalie Choate, Legal Assistant to ND uv Jordan W. Maurer, Esq. a DOD aon l PROOF OF SERVICE