On September 18, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Dignes, Larry B,
Kirchert, Lori M,
Larry B Dignes,
Lori M Kirchert,
Lowe, Sheila M,
Sheila M Lowe,
and
Covenant Care California Llc,
Covenant Care Llc,
for Elder Abuse or Dependent Adult Abuse: Unlimited
in the District Court of Stanislaus County.
Preview
1 JOHN L. SUPPLE (SBN: 94582)
jsupple@jsupplelaw.com
2 ROBERT R. DEERING (SBN: 258043) Electronically Filed
rdeering@jsupplelaw.com 3/12/2021 8:22 PM
3 BRIAN S. COHEN (SBN 316427) Superior Court of California
bcohen@jsupplelaw.com County of Stanislaus
4 J SUPPLE LAW Clerk of the Court
A Professional Corporation By: Christine Zulim, Deputy
5 990 Fifth Avenue
San Rafael, CA 94901 $495 PD
6 $30 NOT PD
Telephone: (415) 366-5533
7 Facsimile: (415) 480-6301
8 Attorneys for Defendants
COVENANT CARE CALIFORNIA, LLC dba TURLOCK NURSING AND
9 REHABILITATION CENTER; COVENANT CARE, LLC
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
IN AND FOR THE COUNTY OF STANISLAUS
12
94901
J SUPPLE LAW, PC
990 Fifth Avenue
LARRY B. DIGNES (Decedent) by and through Case No. CV-20-004057
13 his Successors-In-Interest SHEILA M. LOWE, an
San Rafael, CA
14 individual; LORI M. KIRCHERT, an individual DEFENDANTS’ NOTICE OF
MOTION AND MOTION TO
15 Plaintiff, COMPEL ARBITRATION
16 vs. Accompanying Documents:
(1) Memorandum of Points & Authorities;
17 COVENANT CARE CALIFORNIA, LLC dba (2) Declaration of Brian S. Cohen;
18 TURLOCK NURSING AND (3) Declaration of Deanna Brummel;
REHABILITATION CENTER; COVENANT (4) [Proposed] Order; and
19 CARE, LLC, a Delaware Corporation; and (5) Proof of Service
DOES 1 through 50, inclusive,
20 Date: April 21, 2021
Defendants. Time: 8:30 a.m.
21 Dept: 24
22 Judge: Sonny S. Sandhu
23
24 Complaint Filed: September 18, 2020
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DEFENDANTS’ NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE THAT on April 21, 2021 at 8:30 a.m., in Department 24 of
3 the Stanislaus County Superior Court, located at 801 10th Street, Modesto, California 95354,
4 Defendants COVENANT CARE CALIFORNIA, LLC DBA TURLOCK NURSING AND
5 REHABILITATION CENTER; COVENANT CARE, LLC (“Defendant”) will and hereby does
6 petition this Court for an order compelling the parties to engage in binding arbitration pursuant to
7 their binding arbitration agreement in lieu of litigating the instant Superior Court action. In
8 addition, Defendant petitions this Court to stay the judicial proceedings in the present litigation
9 pursuant to California Code of Civil Procedure section 1281.4, pending the conclusion of
10 binding arbitration.
11 This petition is based upon Health & Safety Code §1599.81, California Code of Civil
12 Procedure §1280, et seq., and §1295. This Petition is based upon this Notice of Petition and
94901
J SUPPLE LAW, PC
990 Fifth Avenue
13 Petition, the accompanying Memorandum of Points and Authorities, the Declaration of Brian S.
San Rafael, CA
14 Cohen and the complete files and records of this action and upon such additional evidence or
15 authorities and argument as may be presented in any reply papers and at the hearing on this
16 motion.
17 Pursuant to Local Rule 8:
18
The Court follows CRC 3.1308 for those departments that have elected to issue tentative
19 rulings in civil law and motion and discovery matters. Counsel and litigants are
responsible for determining whether the department hearing their motion has made this
20 election. Those departments issuing tentative rulings will do so generally by 1:30 p.m.,
and no later than 3:00 p.m., on the court day preceding the scheduled hearing. If the
21 Court has not directed oral argument, a party contesting a tentative ruling must give
notice of its intention to appear to the other side and the Court no later than 4:00 P.M. on
22 the court day preceding the scheduled hearing. Appearances may be by telephone
(through CourtCall) or in person. The tentative ruling will automatically become the
23 order of the Court on the scheduled hearing date if the Court has not directed oral
argument and if the contesting party fails to timely notice an objection to the other side
24 and the Court. Tentative rulings will be posted on the Court’s website,
www.stanct.org/civil-tentative-ruling-announcement, where further information may be
25 found. If a party does not have access to the internet, the tentative ruling may be accessed
by calling Court Services at (209) 530-3162.
26
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28
-2-
DEFENDANTS’ NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION
Questions about these procedures may be addressed to the specific department where the
1 matter is to be heard.
2
Dated: March 12, 2021 J SUPPLE LAW
3 A Professional Corporation
4
5 By:
JOHN L. SUPPLE
6 ROBERT R. DEERING
BRIAN S. COHEN
7
8 Attorneys for Defendants
COVENANT CARE CALIFORNIA, LLC dba
9 TURLOCK NURSING AND
REHABILITATION CENTER; COVENANT
10 CARE, LLC
11 F:\DIGNES v Turlock Nursing\Motions\Motion to Compel Arbitration\DIGNES - Notice and Motion to Compel
Arbitration.docx
12
94901
J SUPPLE LAW, PC
990 Fifth Avenue
13
San Rafael, CA
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DEFENDANTS’ NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION
Document Filed Date
March 12, 2021
Case Filing Date
September 18, 2020
Category
Elder Abuse or Dependent Adult Abuse: Unlimited
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1 JOHN L. SUPPLE (SBN: 94582) jsupple@jsupplelaw.com 2 ROBERT R. DEERING (SBN: 258043) Electronically Filed rdeering@jsupplelaw.com 3/12/2021 8:22 PM 3 BRIAN S. COHEN (SBN 316427) Superior Court of California bcohen@jsupplelaw.com County of Stanislaus 4 J SUPPLE LAW Clerk of the Court A Professional Corporation By: Christine Zulim, Deputy 5 990 Fifth Avenue San Rafael, CA 94901 $495 PD 6 $30 NOT PD Telephone: (415) 366-5533 7 Facsimile: (415) 480-6301 8 Attorneys for Defendants COVENANT CARE CALIFORNIA, LLC dba TURLOCK NURSING AND 9 REHABILITATION CENTER; COVENANT CARE, LLC 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 IN AND FOR THE COUNTY OF STANISLAUS 12 94901 J SUPPLE LAW, PC 990 Fifth Avenue LARRY B. DIGNES (Decedent) by and through Case No. CV-20-004057 13 his Successors-In-Interest SHEILA M. LOWE, an San Rafael, CA 14 individual; LORI M. KIRCHERT, an individual DEFENDANTS’ NOTICE OF MOTION AND MOTION TO 15 Plaintiff, COMPEL ARBITRATION 16 vs. Accompanying Documents: (1) Memorandum of Points & Authorities; 17 COVENANT CARE CALIFORNIA, LLC dba (2) Declaration of Brian S. Cohen; 18 TURLOCK NURSING AND (3) Declaration of Deanna Brummel; REHABILITATION CENTER; COVENANT (4) [Proposed] Order; and 19 CARE, LLC, a Delaware Corporation; and (5) Proof of Service DOES 1 through 50, inclusive, 20 Date: April 21, 2021 Defendants. Time: 8:30 a.m. 21 Dept: 24 22 Judge: Sonny S. Sandhu 23 24 Complaint Filed: September 18, 2020 25 26 27 28 -1- DEFENDANTS’ NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE THAT on April 21, 2021 at 8:30 a.m., in Department 24 of 3 the Stanislaus County Superior Court, located at 801 10th Street, Modesto, California 95354, 4 Defendants COVENANT CARE CALIFORNIA, LLC DBA TURLOCK NURSING AND 5 REHABILITATION CENTER; COVENANT CARE, LLC (“Defendant”) will and hereby does 6 petition this Court for an order compelling the parties to engage in binding arbitration pursuant to 7 their binding arbitration agreement in lieu of litigating the instant Superior Court action. In 8 addition, Defendant petitions this Court to stay the judicial proceedings in the present litigation 9 pursuant to California Code of Civil Procedure section 1281.4, pending the conclusion of 10 binding arbitration. 11 This petition is based upon Health & Safety Code §1599.81, California Code of Civil 12 Procedure §1280, et seq., and §1295. This Petition is based upon this Notice of Petition and 94901 J SUPPLE LAW, PC 990 Fifth Avenue 13 Petition, the accompanying Memorandum of Points and Authorities, the Declaration of Brian S. San Rafael, CA 14 Cohen and the complete files and records of this action and upon such additional evidence or 15 authorities and argument as may be presented in any reply papers and at the hearing on this 16 motion. 17 Pursuant to Local Rule 8: 18 The Court follows CRC 3.1308 for those departments that have elected to issue tentative 19 rulings in civil law and motion and discovery matters. Counsel and litigants are responsible for determining whether the department hearing their motion has made this 20 election. Those departments issuing tentative rulings will do so generally by 1:30 p.m., and no later than 3:00 p.m., on the court day preceding the scheduled hearing. If the 21 Court has not directed oral argument, a party contesting a tentative ruling must give notice of its intention to appear to the other side and the Court no later than 4:00 P.M. on 22 the court day preceding the scheduled hearing. Appearances may be by telephone (through CourtCall) or in person. The tentative ruling will automatically become the 23 order of the Court on the scheduled hearing date if the Court has not directed oral argument and if the contesting party fails to timely notice an objection to the other side 24 and the Court. Tentative rulings will be posted on the Court’s website, www.stanct.org/civil-tentative-ruling-announcement, where further information may be 25 found. If a party does not have access to the internet, the tentative ruling may be accessed by calling Court Services at (209) 530-3162. 26 27 28 -2- DEFENDANTS’ NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION Questions about these procedures may be addressed to the specific department where the 1 matter is to be heard. 2 Dated: March 12, 2021 J SUPPLE LAW 3 A Professional Corporation 4 5 By: JOHN L. SUPPLE 6 ROBERT R. DEERING BRIAN S. COHEN 7 8 Attorneys for Defendants COVENANT CARE CALIFORNIA, LLC dba 9 TURLOCK NURSING AND REHABILITATION CENTER; COVENANT 10 CARE, LLC 11 F:\DIGNES v Turlock Nursing\Motions\Motion to Compel Arbitration\DIGNES - Notice and Motion to Compel Arbitration.docx 12 94901 J SUPPLE LAW, PC 990 Fifth Avenue 13 San Rafael, CA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- DEFENDANTS’ NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION