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