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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
ROBERT H. ZIMMERMAN SBN: 84345
SCHUERING ZIMMERMAN & DOYLE LLP F Superior Court of California F
County of Butte
400 University
SACRAMENTO, CA 95825
| |
TELEPHONE No. (916) 567-0400 FAX NO. (Optional:(916) 568-0400 L 12/29/2020 L
E-MAIL ADDRESS (Optional)
\TTORNEY FOR (Name): Oroville Hospital dba Golden Valley Home Health, Oroville Hospital D Kimbey Elener, D
SUPERIOR COURT OF CALIFORNIA, COUNTY OFBUTTE.
STREET ADDRESS:One Court Street By Deputy
lectronicaily FILED
MAILING ADDREss:One Court Street
city ANDzIP cone: Chico, 95928 Late Filed
BRANCH NAME: North Butte County Courthouse
PLAINTIFF/PETITIONER: LYNDA AMBROSE, et al.
DEFENDANT/RESPONDENT: OROVILLE HOSPITAL, et al.
CASE MANAGEMENT STATEMENT (CASE NUMBER:
(Check one): UNLIMITED CASE [-) uitep case 16CV03116
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:January 13, 2021 Time: 10:30 A.M. Dept.:10 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):IAN A. SCHARG
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):
This statement is submitted jointly by parties (names): Oroville Hospital dba Golden Valley Home Health, and
Oroville Hospital
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date):
b. [-] The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
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) [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. Co 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 casein [X] complaint C) cross-complaint (Describe, including causes of action): General
negligence and wrongful death.
Page1 of5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
‘Judicial Counell of California rules 3,720-3.730
CM-110 fRev. July 1, 2011] www.courts.ca.gov
Wiestiaw
Doc & Form Builder
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: LYNDA AMBROSE, et al.
16CV03116
DEFENDANT/RESPONDENT: OROVILLE HOSPITAL, et al.
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
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
CI (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 a jury trial Coa 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):Matter was previously set for trial to begin on March 30, 2020. The matter was stayed on December 18, 2019
and the trial was vacated. A petition for writ of mandate is still pending in appellate court.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a days (specify number):7
» CI hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [2] by the attorney or party listed in the caption [) by the following:
a Attorney:
b. Firm:
©, Address:
d. Telephone number: f Fax number:
E-mail address:
oO
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 [1] 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 [5 has [1 has not reviewed the ADR information package identified in rule 3.221
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [-] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under
statutory limit.
d ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
2) 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) 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): Exceeds jurisdictional limits
and requires expert testimony.
(CM-110 (Rev. July1, 2071] CASE MANAGEMENT STATEMENT Page 20f5
CM-110
PLAINTIFF/PETITIONER: LYNDA AMBROSE, et al. [CASE NUMBER:
DEFENDANT/RESPONDENT: OROVILLE HOSPITAL, et al. 16CV03116
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 ail 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 al! that apply): stipulation):
Oo Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation Oo
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
Private arbitration scheduled for (date):
(5) Binding private
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 (date):
(CM-110 Rev. July1, 2011] Page 30f5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONERL
YNDA AMBROSE, et al.
CASE NUMBER.
| 16CV03116
DEFENDANT/RESPONDENTOROVILLE HOSPITAL, et al.
11. Insurance
[22] Insurance carrier, if any, for party filing this statement (name):Optima
b. Reservation of rights: [__] Yes [=] No
c. Ho 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.
[1] Bankruptey [] 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:
[1] Additional cases are described in Attachment 13a.
b. [_] Amotion to [) consolidate [) coordinate will be filed by (name party):
14. Bifurcation
[J 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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motions in limine
16. Discovery
a. [__] The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe al! anticipated discovery):
Party Descriptiot Date
Defendants written discovery w/in 60 days
Defendants Depositions of plaintiffs w/in 90 days
Defendants Witness depositions w/in 120 days
Defendants Expert disclosure/depositions 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 5
CM-110
PLAINTIFF/PETITIONER:LYNDA AMBROSE, et al. CASE NUMBER:
| 16CV03116
DEFENDANT/RESPONDENT: OROVILLE HOSPITAL, et al.
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 91 }-98 will apply to this case.
b. L_] 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
[X0 The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): The petition for writ of mandate has been briefed. As of the date of filing this case management
statement, there has not been a decision issued with regard to the petition for writ of mandate.
19. Meet and confer
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):
20. Total number of pages attached (if any):
| 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: December 29, 2020
IAN A. SCHARG
(TYPE OR PRINT NAME)
Db Mla Sabary
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
» (SIGNATURE OF PARTY OR ATTORNEY)
[) Additional signatures are attached.
(M110 [Rev. July1, 2011] CASE MANAGEMENT STATEMENT Page 50f5
Proof of Service by Electronic Transmission - Civil
[Code of Civ. Proc. §§ 1010.6, 1011, 1013, 1013a, 2015.5; Cal. Rules of Court, rules
10.503, 2.100-2.119, 2.251]
I, Lynette F. Esquivel, declare:
At the time of service, I was over 18 years of age and not a party to this action. My
business address is: 400 University Avenue, Sacramento, California 95825.
On December 29, 2020, I served the following documents:
CASE MANAGEMENT STATEMENT
By e-mail or electronic transmission: Based on a court order or an agreement of
10 the parties to accept service by e-mail or electronic transmission, I caused the documents
11 to be sent to the persons at the e-mail addresses listed below. I did not receive, within
12 a reasonable time after the transmission, any electronic message or other indication that
13 the transmission was unsuccessful.
14 Attorney Representing Phone/Fax/E-Mail
15 Joseph M. Earley, III Plaintiffs PHONE: 530-876-1111
Law Office of Joseph M. Earley, FAX: 530-876-1122
16 Il EMAIL:
121 W. Ist Avenue james@josephearley.com
17 Chico, CA 95926
shley@josephearley.com
18 ameron@josephearley.com
joe@josephearley.com
19
20
I declare under penalty of perjury, under the laws of the State of California, that the
21
foregoing is true and correct, and that this declaration was executed on December 29,
22
2020, at Sacramento, California.
23
24
25
1579-11056
26
27
28
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY ROBERT H. ZIMMERMAN SBN: 84345 SCHUERING ZIMMERMAN & DOYLE LLP F Superior Court of California F County of Butte 400 University SACRAMENTO, CA 95825 | | TELEPHONE No. (916) 567-0400 FAX NO. (Optional:(916) 568-0400 L 12/29/2020 L E-MAIL ADDRESS (Optional) \TTORNEY FOR (Name): Oroville Hospital dba Golden Valley Home Health, Oroville Hospital D Kimbey Elener, D SUPERIOR COURT OF CALIFORNIA, COUNTY OFBUTTE. STREET ADDRESS:One Court Street By Deputy lectronicaily FILED MAILING ADDREss:One Court Street city ANDzIP cone: Chico, 95928 Late Filed BRANCH NAME: North Butte County Courthouse PLAINTIFF/PETITIONER: LYNDA AMBROSE, et al. DEFENDANT/RESPONDENT: OROVILLE HOSPITAL, et al. CASE MANAGEMENT STATEMENT (CASE NUMBER: (Check one): UNLIMITED CASE [-) uitep case 16CV03116 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:January 13, 2021 Time: 10:30 A.M. Dept.:10 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name):IAN A. SCHARG 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): This statement is submitted jointly by parties (names): Oroville Hospital dba Golden Valley Home Health, and Oroville Hospital Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date): b. [-] The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) 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) [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. Co 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 casein [X] complaint C) cross-complaint (Describe, including causes of action): General negligence and wrongful death. Page1 of5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, ‘Judicial Counell of California rules 3,720-3.730 CM-110 fRev. July 1, 2011] www.courts.ca.gov Wiestiaw Doc & Form Builder CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: LYNDA AMBROSE, et al. 16CV03116 DEFENDANT/RESPONDENT: OROVILLE HOSPITAL, et al. 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) CI (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 a jury trial Coa 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):Matter was previously set for trial to begin on March 30, 2020. The matter was stayed on December 18, 2019 and the trial was vacated. A petition for writ of mandate is still pending in appellate court. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the trial will take (check one): a days (specify number):7 » CI hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [2] by the attorney or party listed in the caption [) by the following: a Attorney: b. Firm: ©, Address: d. Telephone number: f Fax number: E-mail address: oO 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 [1] 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 [5 has [1 has not reviewed the ADR information package identified in rule 3.221 b. Referral to judicial arbitration or civil action mediation (if available). (1) [-] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under statutory limit. d ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the 2) 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) 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): Exceeds jurisdictional limits and requires expert testimony. (CM-110 (Rev. July1, 2071] CASE MANAGEMENT STATEMENT Page 20f5 CM-110 PLAINTIFF/PETITIONER: LYNDA AMBROSE, et al. [CASE NUMBER: DEFENDANT/RESPONDENT: OROVILLE HOSPITAL, et al. 16CV03116 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 ail 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 al! that apply): stipulation): Oo Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Oo 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 Private arbitration scheduled for (date): (5) Binding private 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 (date): (CM-110 Rev. July1, 2011] Page 30f5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONERL YNDA AMBROSE, et al. CASE NUMBER. | 16CV03116 DEFENDANT/RESPONDENTOROVILLE HOSPITAL, et al. 11. Insurance [22] Insurance carrier, if any, for party filing this statement (name):Optima b. Reservation of rights: [__] Yes [=] No c. Ho 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. [1] Bankruptey [] 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: [1] Additional cases are described in Attachment 13a. b. [_] Amotion to [) consolidate [) coordinate will be filed by (name party): 14. Bifurcation [J 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 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motions in limine 16. Discovery a. [__] The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe al! anticipated discovery): Party Descriptiot Date Defendants written discovery w/in 60 days Defendants Depositions of plaintiffs w/in 90 days Defendants Witness depositions w/in 120 days Defendants Expert disclosure/depositions 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 5 CM-110 PLAINTIFF/PETITIONER:LYNDA AMBROSE, et al. CASE NUMBER: | 16CV03116 DEFENDANT/RESPONDENT: OROVILLE HOSPITAL, et al. 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 91 }-98 will apply to this case. b. L_] 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 [X0 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The petition for writ of mandate has been briefed. As of the date of filing this case management statement, there has not been a decision issued with regard to the petition for writ of mandate. 19. Meet and confer 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): 20. Total number of pages attached (if any): | 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: December 29, 2020 IAN A. SCHARG (TYPE OR PRINT NAME) Db Mla Sabary (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) » (SIGNATURE OF PARTY OR ATTORNEY) [) Additional signatures are attached. (M110 [Rev. July1, 2011] CASE MANAGEMENT STATEMENT Page 50f5 Proof of Service by Electronic Transmission - Civil [Code of Civ. Proc. §§ 1010.6, 1011, 1013, 1013a, 2015.5; Cal. Rules of Court, rules 10.503, 2.100-2.119, 2.251] I, Lynette F. Esquivel, declare: At the time of service, I was over 18 years of age and not a party to this action. My business address is: 400 University Avenue, Sacramento, California 95825. On December 29, 2020, I served the following documents: CASE MANAGEMENT STATEMENT By e-mail or electronic transmission: Based on a court order or an agreement of 10 the parties to accept service by e-mail or electronic transmission, I caused the documents 11 to be sent to the persons at the e-mail addresses listed below. I did not receive, within 12 a reasonable time after the transmission, any electronic message or other indication that 13 the transmission was unsuccessful. 14 Attorney Representing Phone/Fax/E-Mail 15 Joseph M. Earley, III Plaintiffs PHONE: 530-876-1111 Law Office of Joseph M. Earley, FAX: 530-876-1122 16 Il EMAIL: 121 W. Ist Avenue james@josephearley.com 17 Chico, CA 95926 shley@josephearley.com 18 ameron@josephearley.com joe@josephearley.com 19 20 I declare under penalty of perjury, under the laws of the State of California, that the 21 foregoing is true and correct, and that this declaration was executed on December 29, 22 2020, at Sacramento, California. 23 24 25 1579-11056 26 27 28