This case was last updated from Los Angeles County Superior Courts on 08/14/2019 at 09:53:40 (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, MASTER CALENDAR and MARGARET M. BERNAL. 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

MASTER CALENDAR

MARGARET M. BERNAL

 

Party Details

Plaintiffs and Cross Defendants

BELMAN LORENA

A MI HACIENDA RESTAURANT

CABRERA. GIZZELLE

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

6 More Parties Available

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorneys

DONAHUE TIMOTHY LAW OFFICES OF

DONAHUE TIMOTHY JOSEPH

Defendant and Cross Plaintiff Attorneys

VEGA & RIVERA LLP

FLORES LAW APLC

YANG PROFESSIONAL LAW CORPORATION

LOPEZ DIANA LAW OFFICES OF

THE MYERS LAW GROUP

RUIZ LOUIE ANTHONY

WHITE CLIFFORD LOUIS

CISNEROS IVAN U

 

Court Documents

Request for Dismissal

7/9/2019: Request for Dismissal

Notice of Related Case

2/13/2018: Notice of Related Case

Legacy Document

3/14/2018: Legacy Document

Minute Order

3/27/2018: Minute Order

Legacy Document

5/31/2018: Legacy Document

Legacy Document

8/8/2018: Legacy Document

Separate Statement

9/20/2018: Separate Statement

Opposition

11/14/2018: Opposition

Notice of Change of Address or Other Contact Information

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

Reply

12/6/2018: Reply

Response

12/20/2018: Response

Notice

1/16/2019: Notice

Minute Order

1/30/2019: Minute Order

Order

1/30/2019: Order

Notice of Ruling

1/30/2019: Notice of Ruling

Minute Order

4/4/2019: Minute Order

Notice of Ruling

4/30/2019: Notice of Ruling

Objection

5/6/2019: Objection

228 More Documents Available

 

Docket Entries

  • 12/10/2019
  • Hearingat 13:30 PM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion for Leave (name extension)

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  • 09/24/2019
  • Hearingat 13:30 PM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion for Protective Order

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  • 09/23/2019
  • Hearingat 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Jury Trial

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  • 09/09/2019
  • Hearingat 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Order to Show Cause Re: (name extension)

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  • 09/09/2019
  • Hearingat 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Final Status Conference

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  • 09/09/2019
  • Hearingat 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Mandatory Settlement Conference (MSC)

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  • 08/27/2019
  • Hearingat 13:30 PM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion for Sanctions

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  • 08/27/2019
  • Hearingat 13:30 PM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion for Reconsideration

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  • 08/27/2019
  • Hearingat 13:30 PM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion for Sanctions

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  • 08/27/2019
  • Hearingat 13:30 PM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion for Sanctions

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605 More Docket Entries
  • 10/28/2016
  • DocketAmendment to Complaint

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  • 10/28/2016
  • DocketAmendment to Complaint; Filed by Attorney for Plaintiff

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  • 10/28/2016
  • DocketAmendment to Complaint

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  • 10/28/2016
  • DocketAmendment to Complaint

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  • 10/21/2016
  • DocketSummons; Filed by Plaintiff

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

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

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

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

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

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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.