LILIANA MELCHOR MARTINEZ, ET AL. VS RAY AUTRY HEIGHT

Tentative Rulings

Case Number: 18STLC14761    Hearing Date: May 13, 2021    Dept: 25

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 PLACED OFF CALENDAR.

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 May 11, 2021 [ ] Late [X] None

REPLY: None filed as of May 11, 2021 [ ] Late [X] None

ANALYSIS:

I. 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”).

At the initial March 11 hearing, the Court noted that the Motion was incomplete. (3/11/21 Minute Order.) Specifically, the Motion referenced the supporting declaration of Victor M. Campos, but no such declaration was filed. (Id.) The Court continued the hearing to May 13, 2021 at 10:00 a.m. and ordered Defendant to file and serve a copy of the declaration at least 16 court days before the next scheduled hearing. (Id.)

On March 17, Plaintiff filed a Notice of Settlement of the Cross-Complaint. Defendant filed a request for dismissal of the Cross-Complaint on March 26, which was entered on April 5.

To date, Defendant has not filed a copy of the missing declaration. For this reason, Defendant’s Motion is PLACED OFF CALENDAR.

II. 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 PLACED OFF CALENDAR.

Moving party is ordered to give notice.

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

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:

1. 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.

1. 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.