On 12/11/2018 LILIANA MELCHOR MARTINEZ filed a Personal Injury - Motor Vehicle lawsuit against RAY AUTRY HEIGHT. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.
*******4761
12/11/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JON R. TAKASUGI
PAREDES JOSE
MARTINEZ LILIANA MELCHOR
HEIGHT RAY AUTRY
CASADO KELLY LAWRENCE
1541 Wilshire Blvd
Los Angeles, CA 90017
COLE ONICA VALLE
THOMAS VI
YEUNG MICHAEL LUNG
YEUNG MICHAEL L
3/11/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))
3/12/2021: Notice of Ruling - Notice of Ruling
11/25/2020: Stipulation and Order (name extension) - Stipulation and Order JOINT STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER
1/19/2021: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF, LILIANA MELCHOR MARTINEZ TO APPEAR FOR PHYSICAL EXAMINATION; REQUEST FOR SANCTIONS;
12/5/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
12/23/2019: Substitution of Attorney - Substitution of Attorney
5/6/2020: Motion in Limine (name extension) - Motion in Limine MOTION IN LIMINE NO. 1 MOTION IN LIMINE TO LIMIT EVIDENCE OF MEDICAL CHARGES TO THOSE PAID OR OWED AT TIME OF TRIAL; AND [PROPOSED ORDER]
5/8/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
8/6/2019: Association of Attorney - Association of Attorney
2/13/2019: Summons - Summons on Complaint
2/7/2019: Cross-Complaint - Cross-Complaint
2/7/2019: Summons - Summons on Cross Complaint
2/22/2019: Order (name extension) - Order of Exemption from Electronic Filing and Service
1/28/2019: Demand for Jury Trial - Demand for Jury Trial
2/7/2019: Answer - Answer
12/11/2018: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
12/11/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
12/11/2018: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
Hearing08/16/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial
Hearing05/13/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/13/2021 at 10:00 AM in Spring Street Courthouse at Department 25
DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))
DocketOn the Court's own motion, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 03/11/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 05/13/2021 10:00 AM
DocketMotion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF, LILIANA MELCHOR MARTINEZ TO APPEAR FOR PHYSICAL EXAMINATION; REQUEST FOR SANCTIONS;; Filed by: Ray Autry Height (Defendant); As to: Liliana Melchor Martinez (Plaintiff); Jose Paredes (Plaintiff)
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 03/11/2021 at 10:30 AM in Spring Street Courthouse at Department 25
DocketPursuant to the request of moving party, Hearing on Motion to Consolidate scheduled for 02/18/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Party on 01/18/2021
DocketUpdated -- Event scheduled for 02/01/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Type changed from Non-Jury Trial to Jury Trial
DocketPursuant to written stipulation, Jury Trial scheduled for 02/01/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Stipulation was rescheduled to 08/16/2021 08:30 AM
DocketComplaint; Filed by: Liliana Melchor Martinez (Plaintiff); Jose Paredes (Plaintiff); As to: Ray Autry Height (Defendant)
DocketOrder of exemption from electronic filing and service; Filed by: Liliana Melchor Martinez (Plaintiff); Jose Paredes (Plaintiff)
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Liliana Melchor Martinez (Plaintiff); Jose Paredes (Plaintiff)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Jose Paredes (Plaintiff)
DocketRequest to Waive Court Fees; Filed by: Jose Paredes (Plaintiff)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Liliana Melchor Martinez (Plaintiff)
Case Number: 18STLC14761 Hearing Date: March 11, 2021 Dept: 25
HEARING DATE: Thu., March 11, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: Martinez, et al. v. Height COMP. FILED: 12-11-18
CASE NUMBER: 18STLC14761 DISC. C/O: 07-17-21
NOTICE: OK MOTION C/O: 08-01-21
TRIAL DATE: 08-16-21
PROCEEDINGS: MOTION FOR ORDER COMPELLING PLAINTIFF LILIANA MELCHOR MARTINEZ TO APPEAR FOR PHYSICAL EXAMINATION AND REQUEST FOR SANCTIONS
MOVING PARTY: Defendant Ray Autry Height
RESP. PARTY: None
MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION
(CCP § 2032.210, et seq.)
TENTATIVE RULING:
Defendant Ray Autry Height’s Motion for Order Compelling Plaintiff to Appear for Physical Examination and Request for Sanctions is CONTINUED TO MAY 13, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve a copy of his declaration as requested herein.
SERVICE:
[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK
[X] Correct Address (CCP §§ 1013, 1013a) OK
[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK
OPPOSITION: None filed as of March 9, 2021 [ ] Late [X] None
REPLY: None filed as of March 9, 2021 [ ] Late [X] None
ANALYSIS:
Background & Discussion
On December 11, 2018, Plaintiffs Liliana Melchor Martinez (“Martinez”) and Jose Paredes (“Paredes”) filed an action alleging general negligence and motor vehicle negligence against Defendant Ray Autry Height (“Defendant”). Defendant filed an Answer on January 28, 2019. On February 7, 2019, Defendant filed an Amended Answer and Cross-Complaint against Plaintiff Martinez. Plaintiff Martinez filed an Answer to the Cross-Complaint on March 26, 2019.
On January 19, 2021, Defendant filed the instant Motion for Order Compelling Plaintiff Martinez to Appear for Examination and Request for Sanctions (the “Motion”). No opposition was filed.
As an initial matter, the Court notes that the Motion references the declaration of Victor M. Campos filed in support of this Motion. After reviewing the docket, the Court finds this declaration is not on file. Defendant is ordered to file a copy of this declaration for the court’s review, and to serve a copy if he has not already one so, at least 16 court days before the next scheduled hearing.
Conclusion & Order
For the foregoing reasons, Defendant Ray Autry Height’s Motion for Order Compelling Plaintiff to Appear for Physical Examination and Request for Sanctions is CONTINUED TO MAY 13, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve a copy of his declaration as requested herein.
Moving party is ordered to give notice.
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