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AACE
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
|KATHLEEN M. ABDALLAH - SBN 137673
KRGLOFF, BELCHER, SMART, PERRY & CHRISTOPHERSON
7540 Shoreline Drive
Stockton, CA 95219
TELEPHONE NO.: (209) 478-2000 FAXxno.(Optionay. (209.) 478-0354
APR 0 1 2005
E-MAIL ADDRESS (Optional): FILED
ATTORNEY FOR (Name. Def... HELTOS HEALTHCARE, LLC d.b.a. COUNT TY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA ALAMEDA COUN
street ADDRESS: 24405 AMADOR STREET
MAILING ADDRESS: ; APR 0 J 2005
city AND zipcope: HAYWARD, CA 94544 CLERK OF THE SUPERIOR COURT
BRANCH NAME: SOUTHERN DIVISION ; py 2¥#
( mp —
PLAINTIFF/PETITIONER: MARIETTA ASENCION, et al. Y Reel Deputy
DEFENDANT/RESPONDENT: HELIOS HEALTHCARE, LLC qd. b.a. COUNTRY
DRIVE CARE CENTER, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): (X_] UNLIMITED CASE (__}| LIMITED CASE
(Amount demanded. (Amount demanded-is.$25,000 |- HG04190688.
-exceeds $25,000) -or less)
‘| A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: APRIL 22, 2005 Time:2:00 P.M. Dept.: 603 Div.: Room:
Address of court (if different from the address above): ,
Fremont Hall of Justice, 39439 Paseo Padre Parkway,’ Fremont, CA 94538
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one): “hewy.yak
a. [_X] This statement is submitted by party (name):HELTOS HEALTHCARE LLC, de fendant
b. [_] This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date)) December 15, 2004
b. L_] The cross-complaint, if any, was filed on (date):
3. Service (io be answered by plaintiffs and cross-complainants only)
a. [_] all parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed.
b. [| | The following parties named in the complaint or cross-complaint ,
(1), |__| have not been served (specify names and explain why not):
(2) [__] have been served but have not appeared and have not been dismissed (specify names):
(3) [__] have had a default entered against them (specify names):
c. L_] The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
4. Description of case 7 ete
a. Type of case in complaint i cross-complaint (describe, including causes of action):
- Plaintiff -alleges causes of action for personal injury, negligence, wrongful
death, elder abuse, not due to motor vehicle.
Page 1 of 4
Form Adopted for Mandatory Use Cal. Rul f Court,
Judicial Council of California CASE MANAGEMENT STATEMENT [egal ues ule 212
CM-110 (Rev. January 1, 2005] : Sout Shas
us
PLAINTIFF/PETITIONER: MARTETTA ASENCION, et al. CASE NUMBER:
|DEFENDANT/RESPONDENT:HELIOS HEALTHCARE, LLC d.b.a. COUNTRY | HG04190688
DRIVE CARE CENTER, et al.
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.)
Plaintiffs contend that their father Andronico Asencion received medical
care below the standard during his residency at defendant's skilled nursing
facility in Fremont. Plaintiffs have not provided information on their
damages, if any. Defendant denies all allegations.
[__] (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 [x la jury trial [la 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): Discovery has just begun. Plaintiff intends to amend the
complaint.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Defendant's counsel is available in November and December, 2005 and January,
2006.
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. LX | days (specify number): 7-10 days
b. L_] hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [x | by the attorney or party listed in the caption LJ by the following:
Attorney: - ——
Firm:
@r>oa9op
Address:
Telephone number:
Fax number:
E-mail address:
. Party represented:
[| Additional representation is described in Attachment 8.
Preference
This case is entitled to preference (specify code section):
10. Alternative Dispute Resolution (ADR)
a. Counsel has [__] hasnot provided the ADR information package identified in rule 201.9 to the client and has
reviewed ADR options with the client.
b. [__] All parties have agreed to a form of ADR. ADR will be completed by (date):
c. [|__| The case has gone to an ADR process (indicate status):
CM-110 [Rev. January 1, 2005] CASE MANAGEMENT STATEMENT Page 2 of 4
PLAINTIFF/PETITIONER: MARIETTA ASENCION, et al. CASE NUMBER:
IDEFENDANT/RESPONDENT:HELIOS HEALTHCARE, LLC d.b.a. COUNTRY | HGO4190688
DRIVE CARE CENTER, et al.
10. d. The party or parties are willing to participate in (check all that apply):
(1) Mediation
(2) [__] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal. Rules of Court, rule 1612)
L_] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days
before trial; order required under Cal. Rules of Court, rule 1612)
L_ Binding judicial arbitration
CL] Binding private arbitration
[_| Neutral case evaluation
e. [__] This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit.
f. 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.
g. [ | This case is exempt from judicial arbitration under rule 1601(b) of the California Rules of Court (specify exemption):
11. Settlement conference
_] The party or parties are willing to participate in an early settlement conference (specify when):
12. Insurance
a.- LX] Insurance carrier, if any, for party filing this statement (name): Defendant has a self retention
b. Reservation of rights: [| Yes [|] No reserve.
ce. L_] Coverage issues will significantly affect resolution of this case (explain):
13. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
[~~] Bankruptcy [| Other (specify):
Status:
14. Related cases, consolidation, and coordination
a. [__] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number. —. - | ae
(4) Status:
[__] Additional cases are described in Attachment 14a.
b. Amotionto [| consolidate [| coordinate will be filed by (name party):
15. Bifurcation
[__] 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):
16. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Helios reserves rights to bring a motion for summary judgment and/or summary
adjudication.
CM-110 [Rev. January 1, 2005] CASE MANAGEM ENT STATEMENT Page 3 of 4
PLAINTIFF/PETITIONER: MARIETTA ASENCION, et al. CASE NUMBER:
[DEFENDANT/RESPONDENT: HELIOS HEALTHCARE, LLC d.b.a. COUNTRY! HG04190688
« |DRIVE CARE CENTER, et al.
17. Discovery
a. {__| The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Helios Healthcare, LLC Depo. of Leila Surban June, 2005
Helios Healthcare, LLC Depo. of Marietta Asencion June, 2005
Helios Healthcare, LLC Depo. of other plaintiffs August, 2005
Helios Healthcare, LLC Interrogatories to plaintiffs July, 2005
Helios Healthcare, LLC Experts Before trial
c. |__] The following discovery issues are anticipated (specify):
18. 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 through 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):
19. Other issues
[__] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
20. Meet and confer
a. |X] The party or parties have met and conferred with all parties on all subjects required by rule 212 of the California Rules of
Court (if not, explain): Plaintiffs' counsel called March 28, 2005 to discuss
discovery, mediation and amending the complaint.
b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following
(specify):
21. ‘Case’management orders
Previous case management orders in this case are (check one): [| none [__] attached as Attachment 21.
22. Total number of pages attached (if any): -O-
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and ADR, 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: March 3\ , 2005
Kathleen M. Abdallah > Sh Me (Pela blab.
(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. Januaray 1, 2005] CASE MANAGEMENT STATEMENT Page 4 of 4 |
, |
° 1 PROOF OF SERVICE - CCP 1013a(3)
2 I am employed in the County of San Joaquin, State of California. I am over the age of 18
and not a party to the within action; my business address is 7540 Shoreline Drive; P.O. Box
- 3 | 692050; Stockton, California 95269-2050
4 Iam "readily familiar" with firm's practice of collection and processing correspondence for
mailing. It is deposited with U.S. postage service on that same day in the ordinary course of
5 || business. I am aware that on motion of party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one (1) day after date of deposit for mailing
6 || in affidavit.
7 On March 31 ,2005, I served the following:
8 CASE MANAGEMENT STATEMENT
9 _X by placing [ __]} the original [ _X_} a true copy thereof: enclosed in sealed-envelopes
addressed as stated below. I caused such envelope(s) to be deposited in the mail at
10 Stockton, California. The envelope(s) was/were mailed with postage thereon fully prepaid.
ll} _ by causing a true copy thereof to be delivered by hand to the office of the addressee(s) as
stated below.
12
_ by causing a true copy thereof to be delivered VIA FACSIMILE to the offices of the
13 addressee(s) as stated below.
144 _ by causing a true copy thereof to be placed in a sealed UPS overnight package with postage
fully prepaid in the designated area for UPS addressed as stated below.
15
16 || Melvin K. Dayley Peter G. Lomhoff
Dayley & Blumin Attorney at Law
17 || 1939 Harrison Street, Suite 320 1300 Clay Street, Suite 820
Oakland, CA 94612 Oakland, CA 94612
18
Geoffrey A. Mires
19 || Rankin, Sproat, Mires, Beaty & Reynolds
1333 Broadway, Suite 600
20 || Oakland, CA 94612
21 .
I declare under penalty of perjury under the laws of the State of California that the above
22 || 1s true and correct.
23 Executed on March 31, 2005, at Stockton, California.
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Preview
AACE ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY |KATHLEEN M. ABDALLAH - SBN 137673 KRGLOFF, BELCHER, SMART, PERRY & CHRISTOPHERSON 7540 Shoreline Drive Stockton, CA 95219 TELEPHONE NO.: (209) 478-2000 FAXxno.(Optionay. (209.) 478-0354 APR 0 1 2005 E-MAIL ADDRESS (Optional): FILED ATTORNEY FOR (Name. Def... HELTOS HEALTHCARE, LLC d.b.a. COUNT TY SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA ALAMEDA COUN street ADDRESS: 24405 AMADOR STREET MAILING ADDRESS: ; APR 0 J 2005 city AND zipcope: HAYWARD, CA 94544 CLERK OF THE SUPERIOR COURT BRANCH NAME: SOUTHERN DIVISION ; py 2¥# ( mp — PLAINTIFF/PETITIONER: MARIETTA ASENCION, et al. Y Reel Deputy DEFENDANT/RESPONDENT: HELIOS HEALTHCARE, LLC qd. b.a. COUNTRY DRIVE CARE CENTER, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): (X_] UNLIMITED CASE (__}| LIMITED CASE (Amount demanded. (Amount demanded-is.$25,000 |- HG04190688. -exceeds $25,000) -or less) ‘| A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: APRIL 22, 2005 Time:2:00 P.M. Dept.: 603 Div.: Room: Address of court (if different from the address above): , Fremont Hall of Justice, 39439 Paseo Padre Parkway,’ Fremont, CA 94538 INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): “hewy.yak a. [_X] This statement is submitted by party (name):HELTOS HEALTHCARE LLC, de fendant b. [_] This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date)) December 15, 2004 b. L_] The cross-complaint, if any, was filed on (date): 3. Service (io be answered by plaintiffs and cross-complainants only) a. [_] all parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed. b. [| | The following parties named in the complaint or cross-complaint , (1), |__| have not been served (specify names and explain why not): (2) [__] have been served but have not appeared and have not been dismissed (specify names): (3) [__] have had a default entered against them (specify names): c. L_] The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case 7 ete a. Type of case in complaint i cross-complaint (describe, including causes of action): - Plaintiff -alleges causes of action for personal injury, negligence, wrongful death, elder abuse, not due to motor vehicle. Page 1 of 4 Form Adopted for Mandatory Use Cal. Rul f Court, Judicial Council of California CASE MANAGEMENT STATEMENT [egal ues ule 212 CM-110 (Rev. January 1, 2005] : Sout Shas us PLAINTIFF/PETITIONER: MARTETTA ASENCION, et al. CASE NUMBER: |DEFENDANT/RESPONDENT:HELIOS HEALTHCARE, LLC d.b.a. COUNTRY | HG04190688 DRIVE CARE CENTER, et al. 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.) Plaintiffs contend that their father Andronico Asencion received medical care below the standard during his residency at defendant's skilled nursing facility in Fremont. Plaintiffs have not provided information on their damages, if any. Defendant denies all allegations. [__] (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 [x la jury trial [la 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): Discovery has just begun. Plaintiff intends to amend the complaint. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Defendant's counsel is available in November and December, 2005 and January, 2006. Estimated length of trial The party or parties estimate that the trial will take (check one): a. LX | days (specify number): 7-10 days b. L_] hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [x | by the attorney or party listed in the caption LJ by the following: Attorney: - —— Firm: @r>oa9op Address: Telephone number: Fax number: E-mail address: . Party represented: [| Additional representation is described in Attachment 8. Preference This case is entitled to preference (specify code section): 10. Alternative Dispute Resolution (ADR) a. Counsel has [__] hasnot provided the ADR information package identified in rule 201.9 to the client and has reviewed ADR options with the client. b. [__] All parties have agreed to a form of ADR. ADR will be completed by (date): c. [|__| The case has gone to an ADR process (indicate status): CM-110 [Rev. January 1, 2005] CASE MANAGEMENT STATEMENT Page 2 of 4 PLAINTIFF/PETITIONER: MARIETTA ASENCION, et al. CASE NUMBER: IDEFENDANT/RESPONDENT:HELIOS HEALTHCARE, LLC d.b.a. COUNTRY | HGO4190688 DRIVE CARE CENTER, et al. 10. d. The party or parties are willing to participate in (check all that apply): (1) Mediation (2) [__] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, rule 1612) L_] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days before trial; order required under Cal. Rules of Court, rule 1612) L_ Binding judicial arbitration CL] Binding private arbitration [_| Neutral case evaluation e. [__] This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f. 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. g. [ | This case is exempt from judicial arbitration under rule 1601(b) of the California Rules of Court (specify exemption): 11. Settlement conference _] The party or parties are willing to participate in an early settlement conference (specify when): 12. Insurance a.- LX] Insurance carrier, if any, for party filing this statement (name): Defendant has a self retention b. Reservation of rights: [| Yes [|] No reserve. ce. L_] Coverage issues will significantly affect resolution of this case (explain): 13. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. [~~] Bankruptcy [| Other (specify): Status: 14. Related cases, consolidation, and coordination a. [__] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number. —. - | ae (4) Status: [__] Additional cases are described in Attachment 14a. b. Amotionto [| consolidate [| coordinate will be filed by (name party): 15. Bifurcation [__] 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): 16. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Helios reserves rights to bring a motion for summary judgment and/or summary adjudication. CM-110 [Rev. January 1, 2005] CASE MANAGEM ENT STATEMENT Page 3 of 4 PLAINTIFF/PETITIONER: MARIETTA ASENCION, et al. CASE NUMBER: [DEFENDANT/RESPONDENT: HELIOS HEALTHCARE, LLC d.b.a. COUNTRY! HG04190688 « |DRIVE CARE CENTER, et al. 17. Discovery a. {__| The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Helios Healthcare, LLC Depo. of Leila Surban June, 2005 Helios Healthcare, LLC Depo. of Marietta Asencion June, 2005 Helios Healthcare, LLC Depo. of other plaintiffs August, 2005 Helios Healthcare, LLC Interrogatories to plaintiffs July, 2005 Helios Healthcare, LLC Experts Before trial c. |__] The following discovery issues are anticipated (specify): 18. 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 through 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): 19. Other issues [__] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 20. Meet and confer a. |X] The party or parties have met and conferred with all parties on all subjects required by rule 212 of the California Rules of Court (if not, explain): Plaintiffs' counsel called March 28, 2005 to discuss discovery, mediation and amending the complaint. b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following (specify): 21. ‘Case’management orders Previous case management orders in this case are (check one): [| none [__] attached as Attachment 21. 22. Total number of pages attached (if any): -O- | am completely familiar with this case and will be fully prepared to discuss the status of discovery and ADR, 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: March 3\ , 2005 Kathleen M. Abdallah > Sh Me (Pela blab. (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. Januaray 1, 2005] CASE MANAGEMENT STATEMENT Page 4 of 4 | , | ° 1 PROOF OF SERVICE - CCP 1013a(3) 2 I am employed in the County of San Joaquin, State of California. I am over the age of 18 and not a party to the within action; my business address is 7540 Shoreline Drive; P.O. Box - 3 | 692050; Stockton, California 95269-2050 4 Iam "readily familiar" with firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. postage service on that same day in the ordinary course of 5 || business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing 6 || in affidavit. 7 On March 31 ,2005, I served the following: 8 CASE MANAGEMENT STATEMENT 9 _X by placing [ __]} the original [ _X_} a true copy thereof: enclosed in sealed-envelopes addressed as stated below. I caused such envelope(s) to be deposited in the mail at 10 Stockton, California. The envelope(s) was/were mailed with postage thereon fully prepaid. ll} _ by causing a true copy thereof to be delivered by hand to the office of the addressee(s) as stated below. 12 _ by causing a true copy thereof to be delivered VIA FACSIMILE to the offices of the 13 addressee(s) as stated below. 144 _ by causing a true copy thereof to be placed in a sealed UPS overnight package with postage fully prepaid in the designated area for UPS addressed as stated below. 15 16 || Melvin K. Dayley Peter G. Lomhoff Dayley & Blumin Attorney at Law 17 || 1939 Harrison Street, Suite 320 1300 Clay Street, Suite 820 Oakland, CA 94612 Oakland, CA 94612 18 Geoffrey A. Mires 19 || Rankin, Sproat, Mires, Beaty & Reynolds 1333 Broadway, Suite 600 20 || Oakland, CA 94612 21 . I declare under penalty of perjury under the laws of the State of California that the above 22 || 1s true and correct. 23 Executed on March 31, 2005, at Stockton, California. 24 25 26 27 G:\data\wpdata\GC\HELIOS. ASENCION\POS. wpd(jj) 28