Preview
ATTORNEY OR PARTY
| David H.
WITHOUT ATTORNEY (Name, State Bar number, and address):
Bremer, SBN 58874
|
AE ee
*58658
BORTON PETRINI, LLP
535 Pacific Avenue, Suite 201
San Francisco, CA 94133
TELEPHONE
NNO: (415) 677-0730 FAX NO. (Optional): (415) 677-0737
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name). Plaintiff Pacific Service Mutual Insurance Company
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
sTReETADDREss: 1225 Fallon Street
MAILING ADDRESS: E
ciyanpzipcope: Oakland, CA 94612 i ke Me i TY
BRANCHNAME: Rene C. Davidson Alameda County Courthouse ALAMEDA GQUN
PLAINTIFF: Pacific Service Mutual Insurance Company
DEFENDANT: Apria Healthcare, Inc. and Caire Medical
systems, Inc.
DOES1TO 15
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
AMENDED (Number): First
Type (check all that apply):
L_}] MOTOR VEHICLE [| OTHER (specify):
Property Damage [__] Wrongful Death
[-_]} Personal Injury {| Other Damages (specify):
Jurisdiction (check aif that apply):
[_]} ACTION IS A LIMITED CIVIL CASE CASE NUMBER:
Amountdemanded [| does not exceed $10,000
|__| exceeds $10,000, but does not exceed $25,000 RGQ 6286829
Assigned for ail purposes
ACTION IS AN UNLIMITED-CIVIL CASE (exceeds $25,000)
{__] ACTION IS RECLASSIFIED by this amended complaint
to Judge Ronni MacLaren
[—] from limited to unlimited Department 501
|__| from unlimited to limited
1. Plaintiff (name or names)‘Pacific Service Mutual Insurance Company
alleges causes of action against defendant (name or names): Apria Healthcare, Inc. and Caire Medical
Systems, Inc. and Does 1 to 15
2. This pleading, including attachments and exhibits, consists of the following number of pages: 5
3. Each plaintiff named above is a competent adult
a. [__] except plaintiff (name):
(1) a corporation qualified to do business in California
(2) [__] an unincorporated entity (describe):
(3) [| a public entity (describe):
(4) [-] aminor [__] an adult
(a) [__] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) [_] other (specify):
(5) [_] other (specify):
b. [__] except plaintiff (name):
(1) [_] a corporation qualified to do business in California
(2) [__] an unincorporated entity (describe):
(3) [-_] a public entity (describe):
(4) [|] aminor f] an adult
(a) (__] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) [__] other (specify):
(5) [_]_ other (specify):
[] Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Page 1 of 3
: Form Approved for Optional Use . COMPLAINT—Personal Injury, Property eval Cade of Civil Procedure, § 425.12
Judicial Council of California
PLD-PI-001 [Rev, January1. 2007} Damage, Wrongful Death ontigns
rus
PLD-PI-001
SHORTTITLE: Pacific Service Mutual Insurance Company v. Apria CASE NUMBER:
Healthcare, Inc. and Caire Medical Systems,
Inc. RGO6286829
4. [__] Plaintiff (name):
is doing business under the fictitious name (specify):
and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person
a. except defendant (name): Apria c. |__| except defendant (name):
Healthcare, Inc.
( 1) [_] a business organization, form unknown (1) [__] a business organization, form unknown
(2) a corporation (2) [| a corporation
(3) [-_] an unincorporated entity (describe): (3) [__] an unincorporated entity (describe):
(4) [__] a public entity (describe): (4) L_] a public entity (describe):
(5) [___] other (specify): (5) [__] other (specify):
b. except defendant (name): Caire Medical d. |_|] except defendant (name):
systems, Inc.
(1) [_] a business organization, form unknown (1) [__] a business organization, form unknown
(2) a corporation (2) [__] a corporation
(3) [__] an unincorporated entity (describe): (3) [-_] an unincorporated entity (describe):
(4) [__] a public entity (describe): (4) [] a public entity (describe):
(5) [__] other (specify): (5) [__] other (specify):
[Jinformation about additional defendants who are not natural persons is contained in Attachment 5.
6. The true names of defendants sued as Does are unknown to plaintiff.
a, Doe defendants (specify Doe numbers): 1-7 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. Doe defendants (specify Doe numbers): 8-15 are persons whose capacities are unknown to
plaintiff.
7. [__] Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. at least one defendant now resides in its jurisdictional area.
b. [__] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
C. injury to person or damage to personal property occurred in its jurisdictional area.
d. |__] other (specify):
9. [_] Plaintiff is required to comply with a claims statute, and
a. [__] has complied with applicable claims statutes, or
b. [__]| is excused from complying because (specify):
“| PLD-PI-001 [Rev, January 1, 2007] OMPLAINT—Personal Injury, Propert Page 2 of 3
Damage, Wrongful Death -—
@ ®@ PLD-PI-001
SHORTTITLE: Pacific Service Mutual Insurance Company v. CASE NUMBER:
Apria Healthcare, Inc. and Caire Medical Systems, Inc. RGO6286829
10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
causes of action attached):
Motor Vehicle
COROEL
General Negligence
intentional Tort
Products Liability
Premises Liability
Other (specify):
11. Plaintiff has suffered
wage loss
aemeaonue
loss of use of property
hospital and medical expenses
UU
general damage
property damage
loss of earning capacity
other damage (specify):
12. [__] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a.[__] listed in Attachment 12.
b. |_| as follows:
13. The relief sought in this complaint is within the jurisdiction of this court.
14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. (1) compensatory damages
(2) [__] punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) according to proof
(2) [-_] in the amount of: $
15. [__] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: august 2 7, 2007
David H. Bremer »
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-PI-001 (Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Page 3 of 3
Damage, Wrongful Death
PLD-PI-001(2)
SHORTTITLE: Pacific Service Mutual Insurance Company v. CASE NUMBER:
Apria Healtcare, Inc., et al. RG06286829 Unlimited
Pirst CAUSE OF ACTION—General Negligence Page 4
(number)
ATTACHMENT TO Complaint [__] Cross
- Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): Pacific Service Mutual Insurance Company
alleges that defendant
(name): Apria Healthcare, Inc. and Caire Medical Systems,
Inc.
Does 1 to 15
was the Jegal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on (date): February 11, 2005
at (place): 2257 Pacific Avenue, Alameda, CA.
(description of reasons for Kability):
Defendants negligently designed, manufactured, sold, leased, maintained and
serviced oxygen cylinders so as to cause a fire which in turn caused property
damage at the premises named above.
: Page 1 of 4
Pom Approved for Cptional Use eg: al Code of Civil Procedure 425.12
judicial Council of Califomia H
PLD-PLOOI(Q [Rev. January1, 2007 CAUSE OF ACTION—General Negligence Solutions
C& Plus
e 6 PLD-P1-004(5)
SHORTTITLE: Pacific Service Mutual Insurance Company v. CASE NUMBER:
Apria Healthcare, et al.
RG06286829 Unlimited
Second CAUSE OF ACTION—Products Liability Page 5
(number)
ATTACHMENT TO Complaint [__] Cross-Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): Pacific Service Mutual Insurance Company
Prod. L-1. On or about (date): February 11, 2005 plaintiff was injured by the following product:
Oxygen tanks.
Prod. L-2. Each of the defendants knew the product would be purchased and used without inspection for defects.
The product was defective when it left the control of each defendant. The product at the time of injury
was being
used in the manner intended by the defendants.
used in a manner that was reasonably foreseeable by defendants as involving a substantial danger not
readily apparent. Adequate warnings of the danger were not given.
Prod. L-3. Plaintiff was a
| purchaser of the product. user of the product.
[] bystander to the use of the product. {| other (specify):
PLAINTIFF’S INJURY WAS THE LEGAL (PROXIMATE) RESULT OF THE FOLLOWING:
Prod. L-4. Count One--Strict liability of the following defendants who
a. manufactured or assembled the product (names): Caire Medical Systems, Inc.
Lx] Does a to 3
b. designed and manufactured component parts supplied to the manufacturer (names):
Caire Medical Systems, Inc.
Does 4 to 6
C. sold the product to the public (names)JApria Healthcare, Inc.
Does 7 to___10 .
Prod. L-5. Count Two--Negligence of the following defendants who owed a duty to plaintiff (names):
Caire Medical Systems, Inc., Apria Healthcare, Inc.
Does___ 11 to 13
Prod. L-6. Count Three--Breach of warranty by the following defendants (names): Caire Medical Systems,
Inc. and Apria Healthcare, Inc.
Does 14 to_ 15
a. who breached an implied warranty
b.[_] who breached an express warranty which was
[| written [-_] oral
Prod. L-7.[__] The defendants who are fiable to plaintiffs for other reasons and the reasons for the liability are
[| listed in Attachment-Prod. L-7 [__]as follows:
Page 1 of 4
Form Approved for Optional Use
Judicial Council of California CAUSE OF ACTION—Products Liability
' Wi
g egal _ Code
Code of Chil Procedure, §
of Civil Procedure, § 425,12
PLD-P1-001(5) (Rev. January1, 2007] OLULIONS
us
Superior Court of California, County of Alameda
Notice of Judicial Assignment for All Purposes _
Effective *
July 1, 2007
~~ N
Case Number/-RG06286829 \
Case Title: / PSM/Magna Carta Insurance Companies VS Apria Healthcare
Date of Filing: 08/31/2006
7
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
On July 1, 2007 this case will be assigned for all purposes to:
Judge: Ronni MacLaren
Department: 301
Address: George E. McDonaid Hall of Justice
2233 Shoreline Drive
Alameda CA 94501
Phone Number: (510) 263-4301
Fax Number: (510) 267-5713
Email Address: Dept.301@alameda.courts.ca.gov
Under direct calendaring, this case will be assigned to a single judge for all purposes
including trial.
Please note: In this case, any challenge pursuant to Code of Civil Procedure §170.6
must be exercised within the time period provided by law. (See Govt. Code 6861 6(i);
Motion Picture and Television Fund Hosp. v. Superior Court (2001) 88 Cal.App.4th
488, 494; and Code Civ. Proc. §1013.) Because this notice is effective July 1, 2007,
the parties are advised that the earliest possible deadline for a challenge pursuant to
Code of Civil Procedure §170.6 is July 16, 2007.
IT IS THE DUTY. OF EACH PLAINTIFF AND CROSS COMPLAINANT TO SERVE A
COPY OF THIS NOTICE IN ACCORDANCE WITH LOCAL RULES.
General Procedures
All pleadings and other documents must be filed in the clerk’s office at any court location
except when the Court permits the lodging of material directly in the assigned department.
All documents filed after July 1, 2007, with the exception of the original summons and the
original civil complaint, shall have clearly typed on the face page of each document, under
the case number, the following:
Page 1 of 4
ASSIGNED FOR ALL PURPOSES TO
JUDGE Ronni MacLaren
DEPARTMENT 301
Counsel are expected to know and comply with the Local Rules of this Court, which are
available on the Court's website at:
http://www.alameda.courts.ca.gov/courts/rules/index.shim! and with the California Rules of
Court , which are available at www.courtinfo.ca.gov.
The parties are always encouraged to consider using various alternatives to litigation,
including mediation and arbitration, prior to the Initial Case Management Conference. The
Court may refer parties to alternative dispute resolution resources.
Schedule for Department 301
The following scheduling information is subject to change at any time, without notice.
Please contact the department at the phone number or email address noted above if you
have questions.
e Trials generally are heid: Court Trials: Mondays through Thursday at 9:00 a.m.
e Jury Trials: Mondays and Wednesdays at 9:30 a.m.; Tuesdays and Thursdays at
10:00 a.m.
e Case Management Conferences are held: Mondays through Thursdays at 9:00 a.m.
e Law and Motion matters are heard: Tuesdays and Thursdays at 9:00 a.m.
e Settlement Conferences are heard: Fridays at 2:00 p.m.
e x Parte matters are heard: Tuesdays and Thursdays at 9:00 a.m.
Law and Motion Procedures
To obtain a hearing date for a Law and Motion or ex parte matter, parties must contact
Department 31 for hearing dates before July 1, 2007 and the Direct Caiendar Judae’s
department as follows for hearing dates after July 1, 2007:
e Motion Reservations for hearing dates after July 1, 2007
Email: Dept.301@alameda.courts.ca.gov
e x Parte Matters for hearing dates after July 1, 2007
Phone: (510) 263-4301
Tentative Rulings
The court will issue tentative rulings in accordance with the Local Rules. Tentative rulings
will become the Court’s order unless contested in accordance with the Local Rules.
Tentative rulings will be available at:
Page 2 of 4
_—
Website: www.alameda.couris.ca.gov/domainweb, Calendar Information for Dept.
301
e Tentative Ruling Line after July 1, 2007: 1-866-223-2244
Dated: 05/21/2007 - Executive Officer / Clerk of the Superior Court
By >t Failte
Deputy Clerk
CLERK'S CERTIFICATE OF MAILING
{ certify that the following is true and correct: | am the clerk of the above-named court and
not a party to this cause. | served this Notice by placing copies in envelopes addressed as
attached hereto and then by sealing and placing them for collection, stamping or metering
with prepaid postage, and mailing on the date stated below, in the United States mail at
Alameda County, California, following standard court practices.
Executed on 05/22/2007
Digeal
By Spats dalle,
Page 3 of 4
Deputy Clerk
SHORT TITLE: CASE NUMBER:
PSM/Magna Carta Insurance Companies VS Apria Healthcare RG06286829
ADDITIONAL ADDRESSEES
Borton, Petrini , LLP
Attn: Bremer, David H.
535 Pacific Ave.
San Francisco, CA 94133
Page 4 of 4
Preview
ATTORNEY OR PARTY | David H. WITHOUT ATTORNEY (Name, State Bar number, and address): Bremer, SBN 58874 | AE ee *58658 BORTON PETRINI, LLP 535 Pacific Avenue, Suite 201 San Francisco, CA 94133 TELEPHONE NNO: (415) 677-0730 FAX NO. (Optional): (415) 677-0737 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name). Plaintiff Pacific Service Mutual Insurance Company SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA sTReETADDREss: 1225 Fallon Street MAILING ADDRESS: E ciyanpzipcope: Oakland, CA 94612 i ke Me i TY BRANCHNAME: Rene C. Davidson Alameda County Courthouse ALAMEDA GQUN PLAINTIFF: Pacific Service Mutual Insurance Company DEFENDANT: Apria Healthcare, Inc. and Caire Medical systems, Inc. DOES1TO 15 COMPLAINT—Personal Injury, Property Damage, Wrongful Death AMENDED (Number): First Type (check all that apply): L_}] MOTOR VEHICLE [| OTHER (specify): Property Damage [__] Wrongful Death [-_]} Personal Injury {| Other Damages (specify): Jurisdiction (check aif that apply): [_]} ACTION IS A LIMITED CIVIL CASE CASE NUMBER: Amountdemanded [| does not exceed $10,000 |__| exceeds $10,000, but does not exceed $25,000 RGQ 6286829 Assigned for ail purposes ACTION IS AN UNLIMITED-CIVIL CASE (exceeds $25,000) {__] ACTION IS RECLASSIFIED by this amended complaint to Judge Ronni MacLaren [—] from limited to unlimited Department 501 |__| from unlimited to limited 1. Plaintiff (name or names)‘Pacific Service Mutual Insurance Company alleges causes of action against defendant (name or names): Apria Healthcare, Inc. and Caire Medical Systems, Inc. and Does 1 to 15 2. This pleading, including attachments and exhibits, consists of the following number of pages: 5 3. Each plaintiff named above is a competent adult a. [__] except plaintiff (name): (1) a corporation qualified to do business in California (2) [__] an unincorporated entity (describe): (3) [| a public entity (describe): (4) [-] aminor [__] an adult (a) [__] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [_] other (specify): (5) [_] other (specify): b. [__] except plaintiff (name): (1) [_] a corporation qualified to do business in California (2) [__] an unincorporated entity (describe): (3) [-_] a public entity (describe): (4) [|] aminor f] an adult (a) (__] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [__] other (specify): (5) [_]_ other (specify): [] Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 : Form Approved for Optional Use . COMPLAINT—Personal Injury, Property eval Cade of Civil Procedure, § 425.12 Judicial Council of California PLD-PI-001 [Rev, January1. 2007} Damage, Wrongful Death ontigns rus PLD-PI-001 SHORTTITLE: Pacific Service Mutual Insurance Company v. Apria CASE NUMBER: Healthcare, Inc. and Caire Medical Systems, Inc. RGO6286829 4. [__] Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. except defendant (name): Apria c. |__| except defendant (name): Healthcare, Inc. ( 1) [_] a business organization, form unknown (1) [__] a business organization, form unknown (2) a corporation (2) [| a corporation (3) [-_] an unincorporated entity (describe): (3) [__] an unincorporated entity (describe): (4) [__] a public entity (describe): (4) L_] a public entity (describe): (5) [___] other (specify): (5) [__] other (specify): b. except defendant (name): Caire Medical d. |_|] except defendant (name): systems, Inc. (1) [_] a business organization, form unknown (1) [__] a business organization, form unknown (2) a corporation (2) [__] a corporation (3) [__] an unincorporated entity (describe): (3) [-_] an unincorporated entity (describe): (4) [__] a public entity (describe): (4) [] a public entity (describe): (5) [__] other (specify): (5) [__] other (specify): [Jinformation about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a, Doe defendants (specify Doe numbers): 1-7 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. Doe defendants (specify Doe numbers): 8-15 are persons whose capacities are unknown to plaintiff. 7. [__] Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. at least one defendant now resides in its jurisdictional area. b. [__] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. C. injury to person or damage to personal property occurred in its jurisdictional area. d. |__] other (specify): 9. [_] Plaintiff is required to comply with a claims statute, and a. [__] has complied with applicable claims statutes, or b. [__]| is excused from complying because (specify): “| PLD-PI-001 [Rev, January 1, 2007] OMPLAINT—Personal Injury, Propert Page 2 of 3 Damage, Wrongful Death -— @ ®@ PLD-PI-001 SHORTTITLE: Pacific Service Mutual Insurance Company v. CASE NUMBER: Apria Healthcare, Inc. and Caire Medical Systems, Inc. RGO6286829 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): Motor Vehicle COROEL General Negligence intentional Tort Products Liability Premises Liability Other (specify): 11. Plaintiff has suffered wage loss aemeaonue loss of use of property hospital and medical expenses UU general damage property damage loss of earning capacity other damage (specify): 12. [__] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a.[__] listed in Attachment 12. b. |_| as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) compensatory damages (2) [__] punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) according to proof (2) [-_] in the amount of: $ 15. [__] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: august 2 7, 2007 David H. Bremer » (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-001 (Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Page 3 of 3 Damage, Wrongful Death PLD-PI-001(2) SHORTTITLE: Pacific Service Mutual Insurance Company v. CASE NUMBER: Apria Healtcare, Inc., et al. RG06286829 Unlimited Pirst CAUSE OF ACTION—General Negligence Page 4 (number) ATTACHMENT TO Complaint [__] Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Pacific Service Mutual Insurance Company alleges that defendant (name): Apria Healthcare, Inc. and Caire Medical Systems, Inc. Does 1 to 15 was the Jegal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): February 11, 2005 at (place): 2257 Pacific Avenue, Alameda, CA. (description of reasons for Kability): Defendants negligently designed, manufactured, sold, leased, maintained and serviced oxygen cylinders so as to cause a fire which in turn caused property damage at the premises named above. : Page 1 of 4 Pom Approved for Cptional Use eg: al Code of Civil Procedure 425.12 judicial Council of Califomia H PLD-PLOOI(Q [Rev. January1, 2007 CAUSE OF ACTION—General Negligence Solutions C& Plus e 6 PLD-P1-004(5) SHORTTITLE: Pacific Service Mutual Insurance Company v. CASE NUMBER: Apria Healthcare, et al. RG06286829 Unlimited Second CAUSE OF ACTION—Products Liability Page 5 (number) ATTACHMENT TO Complaint [__] Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Pacific Service Mutual Insurance Company Prod. L-1. On or about (date): February 11, 2005 plaintiff was injured by the following product: Oxygen tanks. Prod. L-2. Each of the defendants knew the product would be purchased and used without inspection for defects. The product was defective when it left the control of each defendant. The product at the time of injury was being used in the manner intended by the defendants. used in a manner that was reasonably foreseeable by defendants as involving a substantial danger not readily apparent. Adequate warnings of the danger were not given. Prod. L-3. Plaintiff was a | purchaser of the product. user of the product. [] bystander to the use of the product. {| other (specify): PLAINTIFF’S INJURY WAS THE LEGAL (PROXIMATE) RESULT OF THE FOLLOWING: Prod. L-4. Count One--Strict liability of the following defendants who a. manufactured or assembled the product (names): Caire Medical Systems, Inc. Lx] Does a to 3 b. designed and manufactured component parts supplied to the manufacturer (names): Caire Medical Systems, Inc. Does 4 to 6 C. sold the product to the public (names)JApria Healthcare, Inc. Does 7 to___10 . Prod. L-5. Count Two--Negligence of the following defendants who owed a duty to plaintiff (names): Caire Medical Systems, Inc., Apria Healthcare, Inc. Does___ 11 to 13 Prod. L-6. Count Three--Breach of warranty by the following defendants (names): Caire Medical Systems, Inc. and Apria Healthcare, Inc. Does 14 to_ 15 a. who breached an implied warranty b.[_] who breached an express warranty which was [| written [-_] oral Prod. L-7.[__] The defendants who are fiable to plaintiffs for other reasons and the reasons for the liability are [| listed in Attachment-Prod. L-7 [__]as follows: Page 1 of 4 Form Approved for Optional Use Judicial Council of California CAUSE OF ACTION—Products Liability ' Wi g egal _ Code Code of Chil Procedure, § of Civil Procedure, § 425,12 PLD-P1-001(5) (Rev. January1, 2007] OLULIONS us Superior Court of California, County of Alameda Notice of Judicial Assignment for All Purposes _ Effective * July 1, 2007 ~~ N Case Number/-RG06286829 \ Case Title: / PSM/Magna Carta Insurance Companies VS Apria Healthcare Date of Filing: 08/31/2006 7 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: On July 1, 2007 this case will be assigned for all purposes to: Judge: Ronni MacLaren Department: 301 Address: George E. McDonaid Hall of Justice 2233 Shoreline Drive Alameda CA 94501 Phone Number: (510) 263-4301 Fax Number: (510) 267-5713 Email Address: Dept.301@alameda.courts.ca.gov Under direct calendaring, this case will be assigned to a single judge for all purposes including trial. Please note: In this case, any challenge pursuant to Code of Civil Procedure §170.6 must be exercised within the time period provided by law. (See Govt. Code 6861 6(i); Motion Picture and Television Fund Hosp. v. Superior Court (2001) 88 Cal.App.4th 488, 494; and Code Civ. Proc. §1013.) Because this notice is effective July 1, 2007, the parties are advised that the earliest possible deadline for a challenge pursuant to Code of Civil Procedure §170.6 is July 16, 2007. IT IS THE DUTY. OF EACH PLAINTIFF AND CROSS COMPLAINANT TO SERVE A COPY OF THIS NOTICE IN ACCORDANCE WITH LOCAL RULES. General Procedures All pleadings and other documents must be filed in the clerk’s office at any court location except when the Court permits the lodging of material directly in the assigned department. All documents filed after July 1, 2007, with the exception of the original summons and the original civil complaint, shall have clearly typed on the face page of each document, under the case number, the following: Page 1 of 4 ASSIGNED FOR ALL PURPOSES TO JUDGE Ronni MacLaren DEPARTMENT 301 Counsel are expected to know and comply with the Local Rules of this Court, which are available on the Court's website at: http://www.alameda.courts.ca.gov/courts/rules/index.shim! and with the California Rules of Court , which are available at www.courtinfo.ca.gov. The parties are always encouraged to consider using various alternatives to litigation, including mediation and arbitration, prior to the Initial Case Management Conference. The Court may refer parties to alternative dispute resolution resources. Schedule for Department 301 The following scheduling information is subject to change at any time, without notice. Please contact the department at the phone number or email address noted above if you have questions. e Trials generally are heid: Court Trials: Mondays through Thursday at 9:00 a.m. e Jury Trials: Mondays and Wednesdays at 9:30 a.m.; Tuesdays and Thursdays at 10:00 a.m. e Case Management Conferences are held: Mondays through Thursdays at 9:00 a.m. e Law and Motion matters are heard: Tuesdays and Thursdays at 9:00 a.m. e Settlement Conferences are heard: Fridays at 2:00 p.m. e x Parte matters are heard: Tuesdays and Thursdays at 9:00 a.m. Law and Motion Procedures To obtain a hearing date for a Law and Motion or ex parte matter, parties must contact Department 31 for hearing dates before July 1, 2007 and the Direct Caiendar Judae’s department as follows for hearing dates after July 1, 2007: e Motion Reservations for hearing dates after July 1, 2007 Email: Dept.301@alameda.courts.ca.gov e x Parte Matters for hearing dates after July 1, 2007 Phone: (510) 263-4301 Tentative Rulings The court will issue tentative rulings in accordance with the Local Rules. Tentative rulings will become the Court’s order unless contested in accordance with the Local Rules. Tentative rulings will be available at: Page 2 of 4 _— Website: www.alameda.couris.ca.gov/domainweb, Calendar Information for Dept. 301 e Tentative Ruling Line after July 1, 2007: 1-866-223-2244 Dated: 05/21/2007 - Executive Officer / Clerk of the Superior Court By >t Failte Deputy Clerk CLERK'S CERTIFICATE OF MAILING { certify that the following is true and correct: | am the clerk of the above-named court and not a party to this cause. | served this Notice by placing copies in envelopes addressed as attached hereto and then by sealing and placing them for collection, stamping or metering with prepaid postage, and mailing on the date stated below, in the United States mail at Alameda County, California, following standard court practices. Executed on 05/22/2007 Digeal By Spats dalle, Page 3 of 4 Deputy Clerk SHORT TITLE: CASE NUMBER: PSM/Magna Carta Insurance Companies VS Apria Healthcare RG06286829 ADDITIONAL ADDRESSEES Borton, Petrini , LLP Attn: Bremer, David H. 535 Pacific Ave. San Francisco, CA 94133 Page 4 of 4