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.
****5875
10/21/2016
Pending - Other Pending
Los Angeles County Superior Courts
Norwalk Courthouse
Los Angeles, California
LORI ANN FOURNIER
RAUL A. SAHAGUN
MARGARET MILLER BERNAL
MARGARET M. BERNAL
PATRICK T. MEYERS
BELMAN LORENA
GARCIA MARIELA
A MI HACIENDA RESTAURANT
GARCIA JUAN ERAZMO
CABRERA GIZZELLE
CABRERA. GIZZELLE
GARCIA JESUS ERASMO
GARCIA AND GALLARZO PROPERTY
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
DONAHUE TIMOTHY LAW OFFICES OF
DONAHUE TIMOTHY JOSEPH
LOPEZ DIANA LAW OFFICES OF
THE MYERS LAW GROUP
WHITE CLIFFORD LOUIS
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
1/27/2017: Answer - ANSWER TO ORIGINAL COMPLAINT FILED BY DEFT MARIELA GARCIA
9/10/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
12/19/2019: Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL
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
2/13/2018: Notice of Related Case
3/14/2018: Legacy Document - LEGACY DOCUMENT TYPE: Opposition
3/27/2018: Minute Order - Minute order entered: 2018-03-27 00:00:00
5/31/2018: Legacy Document - LEGACY DOCUMENT TYPE: Order
9/20/2018: Separate Statement -
11/14/2018: Opposition - Opposition to defendant's motions to compel exam for production
11/27/2018: Notice of Change of Address or Other Contact Information
12/6/2018: Reply - Reply in Support of Motion to Compel further responses to form and special interrogatories, sets one
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
1/30/2019: Order - Order re: ruling on matter submitted
1/30/2019: Notice of Ruling
4/4/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SANCTIONS; HEARING ON MOTION FOR ATTORN...)
4/30/2019: Notice of Ruling
5/6/2019: Objection - OBJECTION TO NOTICE OF RULING
Hearing09/22/2021 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Jury Trial
Hearing09/08/2021 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Final Status Conference
DocketNotice (Notice of Second Day Scheduled for Additional Mental Examination of Plaintiff Lorena Belman); Filed by JUAN ERASMO GARCIA (Defendant)
DocketNotice (Amended Notice of Order Granting Motion to Reopen Discovery); Filed by JUAN ERASMO GARCIA (Defendant)
DocketOrder (Granting the Motion to Reopen Discovery To Obtain an Additional Mental Examination of Plaintiff Lorena Belman); Filed by JUAN ERASMO GARCIA (Defendant)
Docketat 09:30 AM in Department F; Trial Setting Conference - Held
DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk
DocketTrial Setting Order; Filed by Clerk
DocketNotice of Ruling; Filed by LORENA BELMAN (Plaintiff)
DocketNotice (Notice of Scheduled Additional Mental Examination of Plaintiff); Filed by JUAN ERASMO GARCIA (Defendant)
DocketAmendment to Complaint; Filed by Attorney for Plaintiff
DocketAmendment to Complaint
DocketAmendment to Complaint
DocketAmendment to Complaint
DocketNotice-Case Management Conference; Filed by Clerk
DocketComplaint filed-Summons Issued; Filed by LORENA BELMAN (Plaintiff)
DocketSummons Filed; Filed by Attorney for Plaintiff
DocketComplaint filed-Summons Issued; Filed by Attorney for Plaintiff
DocketNotice of Case Management Conference; Filed by Clerk
DocketSummons; Filed by Plaintiff
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.