Preview
l~11AAAA
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and addressr FOR COURT USE ONLY
Wendy C. York, SBN 166864/Virginia Martucci,SBN 316296
York Law Corporation
1111 Exposition Boulevard Electronically Filed
Building 500 12/22/2020 9:07 AM
Sacramento, CA 95815
TELEPHONENO.: 9~.6—F>43—ZZOO FAxNo.(optionaq:
916-643-4680 Superior Court of California
E-MAIL ADDRESS (Optional): County of Stanislaus
ATTORNEY FOR Name: Dignes, Kirchert, Lowe
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus
Clerk of the Court
STREET ADDRESS: $~l l~trl Street By: Carly Bonzi, Deputy
MAILING ADpRESS
CITY AND ZIPCODE:MOC1ESt0, CA 95354
BRANCH NAME:
PLAINTIFF/PETITIONER:Larry B. Dignes, et al.
DEFENDANT/RESPONDENT: Covenant Care California, LLC, et al.
CASE NUMBER:
CASE MANAGEMENT STATEMENT
(Check one): ~X UNLIMITED CASE Q LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less) CV-20-004057
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 19, 2021 Time:8:30 a.m. Dept.: 24 Div.: Room:
Address of court (if different from the address above):
~ X Notice of Intent to Appear by Telephone, by (name): Virginia Martucci
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. OX This statement is submitted by party (name):Plaintiffs, Larry B. Dignes, et al.
b. Q 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):September 18, 2020
b. Q The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. Q All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. ~X The following parties named in the complaint or cross-complaint
(1) Q have not been served (specify names and explain why not):
(2) Q have been served but have not appeared and have not been dismissed (specify names): Covenant
Care California, LLC dba Turlock Nursing and Rehabilitation Center, et
(3) Q have had a default entered against them (specify names):
c. Q The following additional parties may be added (specify names, nature of involvement in case, and date by which
they maybe served):
4. Description of case
a. Type of case in ~X complaint Q cross-complaint (Describe, including causes of action):
Negligence; Elder Abuse/Neglect; Negligent Misrepresentation; Negligent Hiring,
Training and Retention; Violation of Patient's Bill of Rights; Wrongful Death.
Page 1 of 5
Form Adopted for Mandatory Use Cai. Rules of Court,
Judicial Council of California CASE MANAGEMENT
., STATEMENT rules 3.720-3.730
CM-NO (Rev. July t, 2011]
arry ignes,
CM-110
PLAINTIFFlPETITIONER: e cl
CASE NUMBER:
DEFENDANT/RESPONDENT: Covenant Care California, LLC, et al.
CV-20-004057
4. b. Provide a brief statement of the case, including any damages.(lf personal injury damages are soughf, 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 /osf earnings. If equitable relief is sought, describe the nature of the relief.)
This elder/neglect case arises from Defendants' failures to supervise, manage,
support, operate and properly staff and train their Turlock Nursing & Rehabilitation
Center facility. As a result of Defendants' neglect, Decedent LARRY B. DIGNES
contracted C. Difficile infection, from which he died.
Q (If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request (~X a jury trial
Q a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. Q The trial has been set for (date):
b. QX 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):
c. Dates on which p~rties or attorneys will nqt be avail~bie for trial (specify dates and explain reasons for unavailability):
5/10/21-5/al a1, s/i/ai-s/31~21, 10 4/21 are dates that counsel will be in trial in
other matters.
7. Estimated length of trial
The party or parties estimate that the trial will take(check one):
a. Q days (specify number): 15 - 20
b. Q hours (short causes}(specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trialQ by the attorney or party listed in the caption Q by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Q Additional representation is described in Attachment 8.
9. Preference
Q 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 Q has QX 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 Q has Q has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) 0 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) Q 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) ~X This case is exempt from judicial arbitration under rule 3.811 of the California Rules of
Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): The amount exceeds
the jurisdictional limit.
CM-110[Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
arry ignes, e d
PLAINTIFF/PETITIONER: CASE NUMBER:
)EFENDANT/RESPONDEPJT:Covenant Care California, LLC, et al.
CV-20-004057
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 all 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 all that apply): stipulation):
~ X Mediation session not yet scheduled
~ ~ Mediation session scheduled for (date):
(1}Mediation
Q Agreed to complete mediation by (date):
Q Mediation completed on (date):
~ X Settlement conference not yet scheduled
(2) Settlement ~ Q Settlement conference scheduled for (date):
conference ~ Agreed to complete settlement conference by (date):
Q Settlement conference completed on (date):
Q Neutral evaluation not yet scheduled
Q Neutral evaluation scheduled for (date):
(3) Neutral evaluation Q
Q Agreed to complete neutral evaluation by (date}:
Q Neutral evaluation completed on (date):
Q Judicial arbitration not yet scheduled
~ 0.ludicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration Q Agreed to complete judicial arbitration by (date):
Q Judicial arbitration completed on (date):
Q Private arbitration not yet scheduled
Q Private arbitration scheduled for (dafe):
(5) Binding private
arbitration ~ Q Agreed to complete private arbitration by (date):
Q Private arbitration completed on (date):
ADR session not yet scheduled
~ ~ RDR session scheduled for (date):
(6) Other (specify):
Q Agreed to complete ADR session by (date):
0 ADR completed on (date):
cM-too Rev. jury t, zott~ Page30(5
CASE MANAGEMENT STATEMENT
CM-11 ~
PLAINTIFFIPETITIONER: arry ignes, e d CASE NUMBER:
DEFENDANT/RESPONDENT: Covenant Care California, LLC, et al.
CV-20-004057
1 1.Insurance
a. Q Insurance carrier, if any, for party filing this statement(name):
b. Reservation of rights: ~ Yes Q No
c. Q Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
I ndicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Q Bankruptcy Q Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. Q There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Q Additional cases are described in Attachment 13a.
b. Q A motion to Q consolidate Q coordinate will be filed by(name party):
14. Bifurcation
Q 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
Q The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. Q The party or parties have completed ail discovery.
b. ~x The following discovery will be completed by the date specified (describe al/ anticipated discovery):
Partv Description Date
Plaintiffs Form Rogs., Spec. Rogs., RFPDs and 5/31/21
RFAs
Plaintiffs Depositions 6/15/21
Plaintiffs Expert Discovery Per Code
c. Q The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
cM-tto~Re~. ~U~y ~, zo~~] CASE MANAGEMENT STATEMENT
Page4ofb
CM-11 t
PLAINTIFF/PETITIONER: arry ignes, et a CASE NUMBER:
DEFENDANT/RESPONDENT: Covenant Care California, LLC, et al.
CV-20-004057
17. Economic litigation
a. Q 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 90-98 will apply to this case.
b. Q 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
Q The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. Q The party or parties have met and conferred with all parties on ail 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 18, 2020
..~~
Virciinia Martucci
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
u
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Q Additional signatures are attached.
CM-110[Rev. July 1, 2011] Page S of 5
CASE MANAGEMENT STATEMENT
COURT: Stanislaus County Superior Court
CASE ND. CV-20-004057
2
CASE NAME: Dignes v. Covenant Care California, LLC,et al.
3
PROOF OF SERVICE
4
I am a citizen of the United States, employed in the County of Sacramento, State of
S California. My business address is 1111 Exposition Boulevard, Building 500, Sacramento CA
95815. I am over the age of 18 years and not a party to the above-entitled action.
6
7 I am readily familiar with York Law Corporation's practice for collection and
processing of correspondence for mailing with the United States Postal Service. Pursuant to
8 said practice, each document is placed in an envelope, the envelope is sealed, the appropriate
postage is placed thereon, and the sealed envelope is placed in the office mail receptacle. Each
9 day's mail is collected and deposited in a U.S. mailbox at or before the close of each day's
business. (CCP Section 1013a(3) or Fed.R.Civ.P.S(a) and 4.1; USDC (E.D. CA) L.R. 5-
l0
135(a).)
11
On December 22, 2020, CASE MANAGEMENT STATEMENT,I caused the within,
12 to be served via:
13 XX ELECTRONIC SERVICE: I caused the documents)to be sent to the persons) via
eleCtTOniC notifiCatlon as follows: Placed in the United States Mail at Sacramento, California in an
14 enve}ope with postage thereon. fu11y prepaid addressed as follows:
IS
John Supple, Esq.
16 J. Supple Law
990 Fifth Avenue
17
San Rafael, CA 94901
18 Jsupple(a~isupplelaw.com
tdan~(a~jsupplelaw.corn
19 docket(a7jsupplelaw.com
20
I declare that I am employed in the office of a member of the bar of this Court at whose
21 direction the service was made and that this Declaration is executed on December 22, 2020 at
22
Sacramento, California. I declare under penalty of pe jury under the laws of the St e of
California, that the foregoing is true and correct. ;~
23
~istine McFadden
24
25
26
27
28
{00065905.1} Proof Of Service - 1
Preview
l~11AAAA ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and addressr FOR COURT USE ONLY Wendy C. York, SBN 166864/Virginia Martucci,SBN 316296 York Law Corporation 1111 Exposition Boulevard Electronically Filed Building 500 12/22/2020 9:07 AM Sacramento, CA 95815 TELEPHONENO.: 9~.6—F>43—ZZOO FAxNo.(optionaq: 916-643-4680 Superior Court of California E-MAIL ADDRESS (Optional): County of Stanislaus ATTORNEY FOR Name: Dignes, Kirchert, Lowe SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus Clerk of the Court STREET ADDRESS: $~l l~trl Street By: Carly Bonzi, Deputy MAILING ADpRESS CITY AND ZIPCODE:MOC1ESt0, CA 95354 BRANCH NAME: PLAINTIFF/PETITIONER:Larry B. Dignes, et al. DEFENDANT/RESPONDENT: Covenant Care California, LLC, et al. CASE NUMBER: CASE MANAGEMENT STATEMENT (Check one): ~X UNLIMITED CASE Q LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CV-20-004057 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 19, 2021 Time:8:30 a.m. Dept.: 24 Div.: Room: Address of court (if different from the address above): ~ X Notice of Intent to Appear by Telephone, by (name): Virginia Martucci INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. OX This statement is submitted by party (name):Plaintiffs, Larry B. Dignes, et al. b. Q 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):September 18, 2020 b. Q The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. Q All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~X The following parties named in the complaint or cross-complaint (1) Q have not been served (specify names and explain why not): (2) Q have been served but have not appeared and have not been dismissed (specify names): Covenant Care California, LLC dba Turlock Nursing and Rehabilitation Center, et (3) Q have had a default entered against them (specify names): c. Q The following additional parties may be added (specify names, nature of involvement in case, and date by which they maybe served): 4. Description of case a. Type of case in ~X complaint Q cross-complaint (Describe, including causes of action): Negligence; Elder Abuse/Neglect; Negligent Misrepresentation; Negligent Hiring, Training and Retention; Violation of Patient's Bill of Rights; Wrongful Death. Page 1 of 5 Form Adopted for Mandatory Use Cai. Rules of Court, Judicial Council of California CASE MANAGEMENT ., STATEMENT rules 3.720-3.730 CM-NO (Rev. July t, 2011] arry ignes, CM-110 PLAINTIFFlPETITIONER: e cl CASE NUMBER: DEFENDANT/RESPONDENT: Covenant Care California, LLC, et al. CV-20-004057 4. b. Provide a brief statement of the case, including any damages.(lf personal injury damages are soughf, 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 /osf earnings. If equitable relief is sought, describe the nature of the relief.) This elder/neglect case arises from Defendants' failures to supervise, manage, support, operate and properly staff and train their Turlock Nursing & Rehabilitation Center facility. As a result of Defendants' neglect, Decedent LARRY B. DIGNES contracted C. Difficile infection, from which he died. Q (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request (~X a jury trial Q a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. Q The trial has been set for (date): b. QX 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): c. Dates on which p~rties or attorneys will nqt be avail~bie for trial (specify dates and explain reasons for unavailability): 5/10/21-5/al a1, s/i/ai-s/31~21, 10 4/21 are dates that counsel will be in trial in other matters. 7. Estimated length of trial The party or parties estimate that the trial will take(check one): a. Q days (specify number): 15 - 20 b. Q hours (short causes}(specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trialQ by the attorney or party listed in the caption Q by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Q Additional representation is described in Attachment 8. 9. Preference Q 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 Q has QX 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 Q has Q has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) 0 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) Q 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) ~X This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): The amount exceeds the jurisdictional limit. CM-110[Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 arry ignes, e d PLAINTIFF/PETITIONER: CASE NUMBER: )EFENDANT/RESPONDEPJT:Covenant Care California, LLC, et al. CV-20-004057 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 all 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 all that apply): stipulation): ~ X Mediation session not yet scheduled ~ ~ Mediation session scheduled for (date): (1}Mediation Q Agreed to complete mediation by (date): Q Mediation completed on (date): ~ X Settlement conference not yet scheduled (2) Settlement ~ Q Settlement conference scheduled for (date): conference ~ Agreed to complete settlement conference by (date): Q Settlement conference completed on (date): Q Neutral evaluation not yet scheduled Q Neutral evaluation scheduled for (date): (3) Neutral evaluation Q Q Agreed to complete neutral evaluation by (date}: Q Neutral evaluation completed on (date): Q Judicial arbitration not yet scheduled ~ 0.ludicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration Q Agreed to complete judicial arbitration by (date): Q Judicial arbitration completed on (date): Q Private arbitration not yet scheduled Q Private arbitration scheduled for (dafe): (5) Binding private arbitration ~ Q Agreed to complete private arbitration by (date): Q Private arbitration completed on (date): ADR session not yet scheduled ~ ~ RDR session scheduled for (date): (6) Other (specify): Q Agreed to complete ADR session by (date): 0 ADR completed on (date): cM-too Rev. jury t, zott~ Page30(5 CASE MANAGEMENT STATEMENT CM-11 ~ PLAINTIFFIPETITIONER: arry ignes, e d CASE NUMBER: DEFENDANT/RESPONDENT: Covenant Care California, LLC, et al. CV-20-004057 1 1.Insurance a. Q Insurance carrier, if any, for party filing this statement(name): b. Reservation of rights: ~ Yes Q No c. Q Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction I ndicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Q Bankruptcy Q Other (specify): Status: 13. Related cases, consolidation, and coordination a. Q There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Q Additional cases are described in Attachment 13a. b. Q A motion to Q consolidate Q coordinate will be filed by(name party): 14. Bifurcation Q 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 Q The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. Q The party or parties have completed ail discovery. b. ~x The following discovery will be completed by the date specified (describe al/ anticipated discovery): Partv Description Date Plaintiffs Form Rogs., Spec. Rogs., RFPDs and 5/31/21 RFAs Plaintiffs Depositions 6/15/21 Plaintiffs Expert Discovery Per Code c. Q The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): cM-tto~Re~. ~U~y ~, zo~~] CASE MANAGEMENT STATEMENT Page4ofb CM-11 t PLAINTIFF/PETITIONER: arry ignes, et a CASE NUMBER: DEFENDANT/RESPONDENT: Covenant Care California, LLC, et al. CV-20-004057 17. Economic litigation a. Q 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 90-98 will apply to this case. b. Q 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 Q The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. Q The party or parties have met and conferred with all parties on ail 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 18, 2020 ..~~ Virciinia Martucci (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) u (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Q Additional signatures are attached. CM-110[Rev. July 1, 2011] Page S of 5 CASE MANAGEMENT STATEMENT COURT: Stanislaus County Superior Court CASE ND. CV-20-004057 2 CASE NAME: Dignes v. Covenant Care California, LLC,et al. 3 PROOF OF SERVICE 4 I am a citizen of the United States, employed in the County of Sacramento, State of S California. My business address is 1111 Exposition Boulevard, Building 500, Sacramento CA 95815. I am over the age of 18 years and not a party to the above-entitled action. 6 7 I am readily familiar with York Law Corporation's practice for collection and processing of correspondence for mailing with the United States Postal Service. Pursuant to 8 said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon, and the sealed envelope is placed in the office mail receptacle. Each 9 day's mail is collected and deposited in a U.S. mailbox at or before the close of each day's business. (CCP Section 1013a(3) or Fed.R.Civ.P.S(a) and 4.1; USDC (E.D. CA) L.R. 5- l0 135(a).) 11 On December 22, 2020, CASE MANAGEMENT STATEMENT,I caused the within, 12 to be served via: 13 XX ELECTRONIC SERVICE: I caused the documents)to be sent to the persons) via eleCtTOniC notifiCatlon as follows: Placed in the United States Mail at Sacramento, California in an 14 enve}ope with postage thereon. fu11y prepaid addressed as follows: IS John Supple, Esq. 16 J. Supple Law 990 Fifth Avenue 17 San Rafael, CA 94901 18 Jsupple(a~isupplelaw.com tdan~(a~jsupplelaw.corn 19 docket(a7jsupplelaw.com 20 I declare that I am employed in the office of a member of the bar of this Court at whose 21 direction the service was made and that this Declaration is executed on December 22, 2020 at 22 Sacramento, California. I declare under penalty of pe jury under the laws of the St e of California, that the foregoing is true and correct. ;~ 23 ~istine McFadden 24 25 26 27 28 {00065905.1} Proof Of Service - 1