Motion for Case Management in PSM/Magna Carta Insurance Companies VS Apria Healthcare| Trellis.Law

On August 31, 2006 a Party Statement was filed involving a dispute between Caire Medical Systems, Inc., Psm Magna Carta Insurance Companies, and Apria Healthcare, Inc., Caire Medical Systems, Inc., for Unlimited Civil in the District Court of Alameda County.

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FEB-20-2007 14:52. @-: PETRINI; CONRON EA MMANIM|

ATTORNEY OR PARTY WITROUT ATTORNEY (Nemo, Slate Gar numbey, and addravs)
|David H. Bremer, SBN 58874
BORTON PETRINI, LLP
535 Pacific Avenue, Suite 201
San Francisco, CA 94133
TecesHoneno: (415) 677-0760 FAX NO. (Optional): {415} 677-Q737
E-MAIL ADDRESS (Optronsy; Plaintiff
ATTORNEY FOR (ame, PSM/MAGNA CARTA INSURANCE COMPANIES FILED
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA ALAMEDA COUNTY
street agpRess: 1225 Fallon Street
MAILING ADDRESS:

cry axpzipcooe: OAKLland, CA 94612
FEB 2 9 2007
BRANCH NAME.
CLERK OF THE SUPERIOR COURT
PLAINTIFF/PETITIONER: PSM/MAGNA CARTA INSURANCE COMPANIES By Tasha Perry, Deputy
DEFENDANT/RESPONDENT:
APRIA HEALTHCARE and CAIRE MEDICAL
and DOES 1 TO 10
CASE MANAGEMENT STATEMENT CASE NUMBER,
(Check one): [X | UNLIMITED CASE [_] UMITED CASE
(Amount demanded (Amount demanded is $25,000 | RGO6286829
exceeds $25,000) or lass)

A CASE MANAGEMENT CONFERENCE is schaduled as follows:

BY FAX
Date: 03/07/07 Time. 2:00 p.m. Dept: 303 Div.: Room:
Address of caurt (if different from the address above):
George ©. McDonald Hall of Justice, 2nd Fl., 2233 Shoreline Dr., Alameda, CA,
$4501
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.

1. Party or parties (answer ona):
a. (X.] This statement is submitted by party (name)PSM/MAGNA CARTA INSURANCE COMPANIES
b. | This statement is submitted jointly by parties (names):

2. Complaint and cross-compiaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 08/31/06
b. [L_] The cross-complaint, if any, was filed on (date):

3. Service (to be answered by plaintifis and cross-compisinants only)
a. (__] All parties named in the complaint and cross-compiaint have been served, or have appeared, or have been dismissed.
b. LXJ The following parties named in the complaint or cross-complaint
(1) [XX] have not been served (specify names and explain why nol): APRIA HEALTHCARE and CAIRE
MEDICAL; see attachment 3.b.1.
(2) ; have been served but have not appeared and have not been dismissed (specify names):

(3) [_] have had a cefault entered against them (specify names):

c, [__] The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):

4. Descriptionofcase
a. Type of case in X ] complaint (__] cross-complaint (describe, including causes of action):
This action, sounding in negligence and products liability, seeks to
recover damages to property as 4 consequence of a fire which occured on
02/11/05 at 2257 Pacific Avenue, Alameda, CA, as a result of a oxygen
cylinder or tank which malfunctioned.
. Page
{ of 4
Form Adoped for Mandatory Use CASE MANAGEMENT STATEMENT Cal Rules of Court
Judicial Counell of Callfornis
CM-114 (Rev, January 3, 2007} schtins

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CM-110
PLAINTIFF/PETITIONER: PSM/MAGNA CARTA INSURANCE COMPANIES | CASE NUMBER:

DEFENDANT/RESPONDENT:APRIA HEALTHCARE and CAIRE MEDICAL RG06286829
and DOES = TO i0
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 findicate source and amount}, estimated future medical expenses, lost
earnings to date, and estimated future fost earnings. If equitable relief is sought, describe the nature of the relief.)
This action arises out of a fire which occurred on 02/11/05 at 2257 Pacific
Avenue, Unit E, Alameda, CA, 94501. The damage to the insured property is
in excess of $100,000. The fire was caused as a result of a leaking oxygen
tank provided by defendants,

___| (if more space is needed, check this box and atlach a page designated as Attachment 4b.)

5. Jury or nonjury trial
The party or parties request a jury trial [| @ nonjury trial (if more than one party, provide the name of each party
requesting a jury trad:

6. Trial date
a. [| The trial has been set for (date):
b. [KX] No trial date has been set. This case will be feady for trial within 12 months of the date of the filing of the complaint (if
not, explain):

¢. Dates on which parties o¢ attorneys will not be available for trial (specify dates and explain reasons for unavailability):

; 7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
\ a. (X] days (specify number): 5
b. | hours (short causes) (specify):

8. Trial representation (to be answered for each party)
The patty or parties will be represented at trial ‘X | by the attorney or party listed in the caption (__] by the fallowing:
Attorney —~
Firm: = .
ano

Address:
Telephone number:
Fax number:
e@oo

E-mail addrese:
. Party represented:
Additional representation is described in Attachment 8.
9. 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 3.221 to the client and has
reviewed ADR options with the client.
,b. [__] All parties have agreed to 4 form of ADR. ADR will be completed by (date):
c. [__]| The case has gone to an ADR process (indicate status):

M110 (Rev. danuary 1, 2007 CASE MANAGEMENT STATEMENT TN a Paaeata
uy a
rl ane ae
FEB-28-2087 14:52 Qo rer. CONRON @ 14156770737 =P. 5
CM-110
0 PLAINTIFF/PETITIONER: PSM/MAGNA CARTA INSURANCE COMPANIES | cascnumoer
DEFENDANT/RESPONDENT:APRIA HEALTHCARE and CAIRE MEDICAL RGO6286829
and DOES 1 TO 10
10. d. The party or parties are willing to participate in (check af that apply):
(1) Mediation
(2) L_"] Nonbinding judicial arbitration under Code of Civil Procedure section 1144.12 (discovery to close 15 days before
arbitration under Cal. Rules of Court, rule 3.822)
(3) |] 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 3.622)
(4) [__] Binding judicia! arbitration
(5) (. ] Binding private arbitration
(6) [ Neutral case evaluation
(7) (_) Other (specify):

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 sactian 1141.11.
g. {.. ] This case is exempt from judicial arbitration under rule 3.611 of the California Rules of Court (specify exemption):

41. Settlement conference
| The party or parties are willing to participate in an early settlement conference (specify when):

12. Insurance
a. _X | Insurance carrier, if any, for party filing this statement (name): PSM/Magna Carta Insurance Companies
b. Reservation of rights; [|] Yes [XJ No
c 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.
[_]Bankruptey [| Other (specify):
Status:
14. Related cases, consolidation, and coordination
a. C7) There are companion, underlying, or related cases.
(1) Name of case:
2) Name of court:
3) Case number:
(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, of 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 fallowing motions before trial (specify moving party, type of motion, and issues):

CM170 Rev. Janwary 1, 2007 . CASE MANAGEMENT STATEMENT Page
3 of 4
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tif - 2/20/2007 2:47:34 PM
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CM-110
PLAINTIFF/PETITIONER: PSM/MAGNA CARTA INSURANCE COMPANTES | CASE NUMBER:
[DSFENDANT/RESPONOENT: APRIA HEALTHCARE and CAIRE MEDICAL RGO6286829
and DOES 1 TO 10

17. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe ai! anticipated discovery):
Party Description Date
Unknown at this time. See
Attachment.

c. ___] The following discovery issues are anticipated (specify):

18. Ecanomic 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 94 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, expiain 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); The need for a formal substitution of counsel under the
circumstances of the presumed death of William H. Westover as described in
the attachment hereto.

2C. Meet and confer
a. _X_, 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 (f not, explain): See attachment.

b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):

21, Gase 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); 3

1 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’ February A, 2007

David H. Bremer >
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)

»
’ TYEE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[_] Additional signatures are attached

ee | CASE MANAGEMENT
RT FM Nodo7 24734 PH ean
FEB-26-246867 14:52 Qo reins CONRON Y 14156778737 P.@7

PETITIONER/PLAINTIFF: PSM/MAGNA CARTA INSURANCE COMPANIES CABE NUMBER:
RESPONDENT/DEFENDANT: APRIA HEALTHCARE and CAIRE MEDICAL an RGO6286829

ATTACHMENT TO CASE MANAGEMENT STATEMENT

Plaintiff's original attorney William Westover of Westover Law
Offices, P.C., 3140 Fourth Avenue, San Diego, CA, 92103, is presumed
lost in a small plane disappearance. Neither Mr. Westover's plane
nor Mr. Westover have been found and as a consequence Mr. Westover
is presumed to be dead. The plaintiff PSM/Magna Carta Insurance
Companies has retained undersigned counsel to represent its interests
in this casé as a consequence of Mr. Westover's presumed death.

It may be that defendants will accept service of summons and efforts
are being made toward that end. In any event, plaintiff will see
that defendants ere properly served at an early date if service is
not accepted, ,

17. See response to 3.b.1., above.

soins
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" WESTOVER LAW OFFICES, P.C. —! Apria Healthcare q
Att: WESTOVER, WILLIAM H.
6140 Fourth Ave
sAN dIEGO,CA 92103__
L J L J

Superior Court of California, County of Alameda
PSM/Magena Carta Insurance Companics No, RGQ6286829
Plaintiff/Petitioner(s)
VS. NOTICE OF CASE MANAGEMENT
CONFERENCE AND ORDER
Apria Healthcare Unlimited Jurisdichon
Defendant/Respondent(s)
(Abbreviated Title)

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD.
Notice is given that a Case Management Conference has been scheduled as follows:
Date: 01/19/2007 | Department: 21 Judge: JonS. Tigar
‘Time: 08:30 AM Location: Administration Building Clerk: Pamela Drummer-
Fourth Floor Wiliams
1221 Oak Street, Oakland CA 94612 Clerk telephone: (510) 272-6161
E-mail:
Dept.2i1@alameda.courts.ca gov
Intermet: http:/Avww.alameda.courts.ca.gov Fax: ($10) 267-1508
ORDERS
1. You must:
a. Serve ali named defendants and file proofs of service on those defendants with the court within 60
days of the filing of the complaint (CRC 201.7);
b. Give notice of this conference to any party not included in this notice and file proof of service;
c. Meet and confer, in person or by (clephone, to consider each of the issues identified in CRC 212(e)
no later than 30 calendar days before the date sel for the Case Management Conference,
d. File and serve a completed Case Management Conference Statement (use of Jndicial Council Form
CM 110 is mandatory) at least 15 days before the Case Management Conference (CRC 212(c))

2. [you do not follow the orders above, you are hereby ordered to show cause why you should not be sanctioned
under CRC 227. The hearing on the Order to Show Cause rc: Sanctions will be at the same une as the Case
Management Conference. Sanctions may include monetary sanctions and any other sanction permitted by law,
including striking pleadings of dismissing the action.
3. You are further ordered to appear in person® (or through your attorney of record) at the Caso Management
Confercnee noticed above. You must be thoroughly familiar with the case and fully authorized 1o proceed.
4. The Case Manggement judge will issne orders at the conclusion of the conference that should include:
a. Referring to ADR and setting an ADR completion date
b. Dismissing or severing claims or parties
c. Setting a trial date.
5. The Case Management judge may de the trial judge in this case.
*Telephonic appearances at Case Management Conferences may be available by contacting
CONFERENCE CALL SERVICES, an independent vendor, at least 3 business days prior to the scheduled
conference. Parties may make arrangements by calling 1 (888) 527-7327, or faxing a service request to 1(800)
833-5133. This service is subject to charges by the vendor.

CLERK'S CERTIFICATE OF MAILING
I certify that uhe following is uve and correct: J am the clerk of the above-named
court and not o party to this vauae. I served this Notice of Fearingby
plucing copies im envelopes addressed as shown hereon and then by szaling and placing thom for collection, stamping or metering with prepaid postage,
und mailing on the daze stazed balow, in the United States mail a1 Alamada County, California, following standard court practices.

B - /

cited

Deputy Clerk

ATTACHMENT 21-A

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T WESTOVER LAW OFFICES, P.C. | T Apria Healthcare q
Attn: WESTOVER, WILLIAM H.
3140 Fourth Ave
San Diego, CA 92103-_
L J L i

Superior Court of California, County of Alameda
PSM/Magna Carta Insurance Companies No. RG06286829
Plaintiff/Petitioner(s)
vs. NOTICE OF CASE MANAGEMENT
CONFERENCE AND ORDER
Apria Healthcare Unlimited Jurisdiction
Defendant/Respondent(s)
(Abbreviated Title)
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD.
Notice is given that a Case Management Conference bas been scheduled as follows:
atc: 03/07/2007 | Department: 303 onmmissioner. Thomas Rasch
ime: 02:00 PM Location; George E. McDonald Hail of Justice ‘Cletk: Melinda Guerrero
Second Floor Clerk telephone: ($10) 263-4303
2233 Shoreline Drive, Alameda CA 94501 E-mail:
Dept.303@alameda.courts.ca.
gov
Internet, http:/Avwww.alameda.courts.ca.gov ‘ax: (510) 267-1526
ORDERS
1. You must:
a. Serve all named defendants and file proofs of service on those defendants with the court within 60
days of the filing of the complaint (CRC 3.110(b)),
b. Give notice of this conference to any party not included in this notice and file proof of service,
c. Meet and confer, in person or by telephone, to consider each of the issues identified in CRC 3.724
no later than 30 calendar days before the date set for the Case Management Conference,
a. File and serve a completed Case Management Conference Statement (use of Judicial Council Form
CM 110 is mandatory) at least 15 days before the Case Management Conference (CRC 3.725)

2, Ifyou do not follow the orders above, you are hereby ordered to show cause why you should not be sanctioned
under CRC 2,30. The hearing on the Order to Show Cause re: Sanctions will be at the same time as the Casc
Management Conference. Sanctions may include monetary sanctions and any other sanction permitted by law,
including striking pleadings or dismissing the action.
3. You are further ordered to appear in person* (or through your attorney of record) at the Case Management
Conference noticed above. You must be thoroughty familiar with the case and fully authorized to proceed.
4, The Case Management judge will issue orders at the conclusion of the conference that should include:
a. Referring to ADR and setting an ADR completion date
b. Dismissing or severing claims or parties
c. Setting a inal date.
5, The Case Management judge may be the trial judge in this case.
*Telephonic appearances at Case Management Conferences may be available by contacting
CONFERENCE CALL SERVICES, an independent vendor, at least 3 business days prior to the scheduled
conference. Particg may make arrangements by calling 1 (888) 527-7327, or faxing a service request to 1(800)
833-5133. This service is subject to charges by the vendor.

CLERK'S CERTIFICATE OF MAILING
I contify that the following is truc and correct: I aun the clerk of' the above-named court and 01 6 party to thia cause. I served this Notice of Hearingby
placing copies in savelopes addroased as shown herec) and then by sealing and placing them for collection, stamping or Metering with prepaid postage,
and mailing on the dave stated below, in the United Statca mail at Alameda County, Calitontia, following dandard court practices.

_ Executed on 61/19/2007.

By i.
ae
Deputy Clerk

ATTACHMENT 21-8

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Case Info

Case No.

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Document Filed Date

February 20, 2007

Case Filing Date

August 31, 2006

County

Parties

Andrea C. Avila Attorney
Apria Healthcare, Inc. Cross-defendant
Apria Healthcare, Inc. Defendant
Caire Medical Systems, Inc. Cross-complainant
Caire Medical Systems, Inc. Defendant
James W Peel Attorney
Lynne L. Bentley Attorney
PSM/Magna Carta Insurance Companies Plaintiff
WILLIAM H. WESTOVER Attorneys for Plaintiffs
Nina Patane Attorney
David Bremer Attorneys for Plaintiffs
Samuel Phillips Attorneys for Plaintiffs

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Party Statement: PSM/Magna Carta Insurance Companies VS Apria Healthcare

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