This case was last updated from Los Angeles County Superior Courts on 01/11/2021 at 14:23:12 (UTC).

LORENA BELMAN VS. GARCIA AND GALLARZO PROPERTY H0LDINGS, LLC

Case Summary

On 10/21/2016 LORENA BELMAN filed a Labor - Wrongful Termination lawsuit against GARCIA AND GALLARZO PROPERTY H0LDINGS, LLC. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are LORI ANN FOURNIER, RAUL A. SAHAGUN, MARGARET MILLER BERNAL, MARGARET M. BERNAL and PATRICK T. MEYERS. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5875

  • Filing Date:

    10/21/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Wrongful Termination

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LORI ANN FOURNIER

RAUL A. SAHAGUN

MARGARET MILLER BERNAL

MARGARET M. BERNAL

PATRICK T. MEYERS

 

Party Details

Plaintiffs, Cross Plaintiffs and Cross Defendants

BELMAN LORENA

GARCIA MARIELA

A MI HACIENDA RESTAURANT

GARCIA JUAN ERAZMO

CABRERA GIZZELLE

CABRERA. GIZZELLE

GARCIA JESUS ERASMO

GARCIA AND GALLARZO PROPERTY

Defendants and Cross Plaintiffs

KAISER FOUNDATION HEALTH PLAN INC. DOE 1

KAISER FOUNDATION HOSPITAL INC. (DOE 1)

SOUTHERN CALIFORNIA PERMANENTE MEDICAL

LOS BAGRES CORPORATION (DOE 4)

GARCIA MARIELA

GIZZELLE CABRERA.

GARCIA JUAN ERAZMO

CABRERA GIZZELLE

CABRERA. GIZZELLE

KAISER FOUNDATION HOSPITAL INC. DOE 1

GALLARZO ARMANDO

LOS BAGRES CORPORATION DOE 4

GARCIA MARIELA ISELA

LOS BAGRES CORPORATION DBA A MI HACIENDA

GARCIA ANDRES

GARCIA JESUS ERASMO

GARCIA AND GALLARZO PROPERTY

GARCIA JUAN ERASMO

15 More Parties Available

Attorney/Law Firm Details

Plaintiff, Cross Plaintiff and Cross Defendant Attorneys

DONAHUE TIMOTHY LAW OFFICES OF

DONAHUE TIMOTHY JOSEPH

LOPEZ DIANA LAW OFFICES OF

THE MYERS LAW GROUP

WHITE CLIFFORD LOUIS

Cross Plaintiff and Defendant Attorneys

LOPEZ DIANA LAW OFFICES OF

THE MYERS LAW GROUP

WHITE CLIFFORD LOUIS

VEGA & RIVERA LLP

FLORES LAW APLC

YANG PROFESSIONAL LAW CORPORATION

RUIZ LOUIE ANTHONY

CISNEROS IVAN U

YANG REY SHUNG

FLORES ALDO ARTURO

MYERS NICHOLAS

 

Court Documents

Answer - ANSWER TO ORIGINAL COMPLAINT FILED BY DEFT MARIELA GARCIA

1/27/2017: Answer - ANSWER TO ORIGINAL COMPLAINT FILED BY DEFT MARIELA GARCIA

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

9/10/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL

12/19/2019: Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL

Request for Dismissal - REQUEST FOR DISMISSAL WITHOUT PREJUDICE AS TO CROSS-COMPLAINT FILED BY MARIELA I. GUZMAN ON 8/07/2018, ON CASE VC066907 ONLY

7/9/2019: Request for Dismissal - REQUEST FOR DISMISSAL WITHOUT PREJUDICE AS TO CROSS-COMPLAINT FILED BY MARIELA I. GUZMAN ON 8/07/2018, ON CASE VC066907 ONLY

Notice of Related Case

2/13/2018: Notice of Related Case

Legacy Document - LEGACY DOCUMENT TYPE: Opposition

3/14/2018: Legacy Document - LEGACY DOCUMENT TYPE: Opposition

Minute Order - Minute order entered: 2018-03-27 00:00:00

3/27/2018: Minute Order - Minute order entered: 2018-03-27 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: Order

5/31/2018: Legacy Document - LEGACY DOCUMENT TYPE: Order

Separate Statement -

9/20/2018: Separate Statement -

Opposition - Opposition to defendant's motions to compel exam for production

11/14/2018: Opposition - Opposition to defendant's motions to compel exam for production

Notice of Change of Address or Other Contact Information

11/27/2018: Notice of Change of Address or Other Contact Information

Reply - Reply in Support of Motion to Compel further responses to form and special interrogatories, sets one

12/6/2018: Reply - Reply in Support of Motion to Compel further responses to form and special interrogatories, sets one

Response - Response to Separate Statement of Undisputed Material facts in support of Deft. Mariela Isela Garcia's Motion for Summary Judgment, or , in the alternative, Summary Adjudication

12/20/2018: Response - Response to Separate Statement of Undisputed Material facts in support of Deft. Mariela Isela Garcia's Motion for Summary Judgment, or , in the alternative, Summary Adjudication

Order - Order re: ruling on matter submitted

1/30/2019: Order - Order re: ruling on matter submitted

Notice of Ruling

1/30/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SANCTIONS; HEARING ON MOTION FOR ATTORN...)

4/4/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SANCTIONS; HEARING ON MOTION FOR ATTORN...)

Notice of Ruling

4/30/2019: Notice of Ruling

Objection - OBJECTION TO NOTICE OF RULING

5/6/2019: Objection - OBJECTION TO NOTICE OF RULING

339 More Documents Available

 

Docket Entries

  • 09/22/2021
  • Hearing09/22/2021 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Jury Trial

    Read MoreRead Less
  • 09/08/2021
  • Hearing09/08/2021 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Final Status Conference

    Read MoreRead Less
  • 10/30/2020
  • DocketNotice (Notice of Second Day Scheduled for Additional Mental Examination of Plaintiff Lorena Belman); Filed by JUAN ERASMO GARCIA (Defendant)

    Read MoreRead Less
  • 10/21/2020
  • DocketNotice (Amended Notice of Order Granting Motion to Reopen Discovery); Filed by JUAN ERASMO GARCIA (Defendant)

    Read MoreRead Less
  • 10/13/2020
  • DocketOrder (Granting the Motion to Reopen Discovery To Obtain an Additional Mental Examination of Plaintiff Lorena Belman); Filed by JUAN ERASMO GARCIA (Defendant)

    Read MoreRead Less
  • 10/09/2020
  • Docketat 09:30 AM in Department F; Trial Setting Conference - Held

    Read MoreRead Less
  • 10/09/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

    Read MoreRead Less
  • 10/09/2020
  • DocketTrial Setting Order; Filed by Clerk

    Read MoreRead Less
  • 10/09/2020
  • DocketNotice of Ruling; Filed by LORENA BELMAN (Plaintiff)

    Read MoreRead Less
  • 10/06/2020
  • DocketNotice (Notice of Scheduled Additional Mental Examination of Plaintiff); Filed by JUAN ERASMO GARCIA (Defendant)

    Read MoreRead Less
732 More Docket Entries
  • 10/28/2016
  • DocketAmendment to Complaint; Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 10/28/2016
  • DocketAmendment to Complaint

    Read MoreRead Less
  • 10/28/2016
  • DocketAmendment to Complaint

    Read MoreRead Less
  • 10/28/2016
  • DocketAmendment to Complaint

    Read MoreRead Less
  • 10/21/2016
  • DocketNotice-Case Management Conference; Filed by Clerk

    Read MoreRead Less
  • 10/21/2016
  • DocketComplaint filed-Summons Issued; Filed by LORENA BELMAN (Plaintiff)

    Read MoreRead Less
  • 10/21/2016
  • DocketSummons Filed; Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 10/21/2016
  • DocketComplaint filed-Summons Issued; Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 10/21/2016
  • DocketNotice of Case Management Conference; Filed by Clerk

    Read MoreRead Less
  • 10/21/2016
  • DocketSummons; Filed by Plaintiff

    Read MoreRead Less

Tentative Rulings

Case Number: VC065875    Hearing Date: September 22, 2020    Dept: G

BELMAN v. GARCIA AND GALLARZO PROPERTY HOLDINGS, LLC, et al.

CASE NO.:  VC065875

HEARING:  9/22/19

JUDGE: JOHN A. TORRIBIO

#11

TENTATIVE ORDER

Defendants Los Bagres Corporation, Garcia & Gallarzo Property Holdings, LLC, and Garcia’s motion to reopen discovery to obtain an additional mental examination of Plaintiff is GRANTED. Plaintiff is ordered to appear at Defendants’ next properly noticed mental examination.

Moving Parties to give NOTICE.

Defendants Los Bagres Corporation, Garcia & Gallarzo Property Holdings, LLC, and Garcia (“Garcia Defendants”) move to reopen discovery to compel an additional mental examination of Plaintiff Belman pursuant to CCP § 2032.310(b).

Any party may obtain discovery, subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by means of a physical or mental examination of (1) a party to the action, (2) an agent of any party, or (3) a natural person in the custody or under the legal control of a party, in any action in which the mental or physical condition of that party or other person is in controversy in the action. (CCP § 2032.020(a).) A party shall obtain leave of court to obtain a mental examination. (CCP § 2032.310(a).)

Such motion “shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination.” (CCP § 2032.310(b).) Upon a showing of good cause, an additional mental examination is allowed at this Court’s discretion. (Shapira v. Superior Court, (1990) 224 Cal.App.3d 1249, 1255-1256.)

Plaintiff alleges that she suffers from severe emotional distress and post traumatic stress disorder. As such, this court granted leave to conduct Plaintiff’s mental examination. However, Defendants’ expert, Dr. David Glaser, who previously conducted Plaintiff’s mental examination, recently died. (Ruiz Decl., ¶ 6.)

Therefore, the court finds good cause to compel an additional mental examination.

In opposition, Plaintiff contends that the instant request was made twice by Defendants, and were denied. However, those requests were made prior to Dr. Glaser’s death.

Plaintiff also objects to the request because Defendants signed a stipulation to designate Dr. Barbara Jean Justice as a replace Dr. David Glaser.

However, Defendants did not waive their right to seek an additional mental examination. The court finds that it is only reasonable to allow Dr. Justice to conduct an examination consistent with her professional practice and judgment.

Motion is GRANTED. Plaintiff is ordered to appear at Defendants’ next properly noticed mental examination.