This case was last updated from Los Angeles County Superior Courts on 07/21/2019 at 02:18:13 (UTC).

A REYES ET AL VS JULIO ENRIQUE GONZALEZ

Case Summary

On 01/19/2018 a Personal Injury - Motor Vehicle case was filed by A REYES against JULIO ENRIQUE GONZALEZ in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0897

  • Filing Date:

    01/19/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

LAURA A. SEIGLE

 

Party Details

Plaintiffs and Petitioners

REYES A.

JIMENEZ G.

CRUZ B.

Defendants and Respondents

GONZALEZ JULIO ENRIQUE

DOES 1 TO 100

 

Court Documents

NOTICE OF NAME CHANGE

9/12/2018: NOTICE OF NAME CHANGE

Other -

10/9/2018: Other -

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person

3/26/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person

CIVIL DEPOSIT

3/12/2018: CIVIL DEPOSIT

DEMAND FOR TRIAL BY JURY

3/12/2018: DEMAND FOR TRIAL BY JURY

ANSWER TO COMPLAINT

3/12/2018: ANSWER TO COMPLAINT

NOTICE OF DEPOSIT OF JURY FEES

3/12/2018: NOTICE OF DEPOSIT OF JURY FEES

Proof of Service

2/5/2018: Proof of Service

SUMMONS

1/19/2018: SUMMONS

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

1/19/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

 

Docket Entries

  • 07/19/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 07/05/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 03/26/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Julio Enrique Gonzalez (Defendant)

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  • 10/09/2018
  • Other - (Plaintiffs' Notice Of Association Of Counsel); Filed by A. Reyes (Plaintiff); B. Cruz (Plaintiff); G. Jimenez (Plaintiff)

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  • 09/12/2018
  • NOTICE OF NAME CHANGE

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  • 03/12/2018
  • ANSWER TO COMPLAINT

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  • 03/12/2018
  • DEMAND FOR TRIAL BY JURY

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  • 03/12/2018
  • Answer; Filed by Julio Enrique Gonzalez (Defendant)

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  • 03/12/2018
  • NOTICE OF DEPOSIT OF JURY FEES

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  • 03/12/2018
  • Notice; Filed by Julio Enrique Gonzalez (Defendant)

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  • 03/12/2018
  • Receipt; Filed by Julio Enrique Gonzalez (Defendant)

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  • 03/12/2018
  • CIVIL DEPOSIT

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  • 03/12/2018
  • Demand for Jury Trial; Filed by Julio Enrique Gonzalez (Defendant)

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  • 02/05/2018
  • Proof of Service (not Summons and Complaint); Filed by A. Reyes (Plaintiff); B. Cruz (Plaintiff); G. Jimenez (Plaintiff)

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  • 02/05/2018
  • Proof of Service

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  • 01/19/2018
  • SUMMONS

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  • 01/19/2018
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 01/19/2018
  • Complaint; Filed by A. Reyes (Plaintiff); B. Cruz (Plaintiff); G. Jimenez (Plaintiff)

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Tentative Rulings

Case Number: BC690897    Hearing Date: February 19, 2020    Dept: 27

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED

Martin Abraham seeks to be relieved as counsel of record for plaintiff Gilberto Jimenez (“Plaintiff”), citing a breakdown in the attorney-client relationship, lack of cooperation, and lack of communication. Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.) Counsel’s Motion complies with California Rules of Court, Rule 3.1362. The Court notes that trial in this matter is currently set for May 7, 2020 and no prejudice will result from granting this motion. Accordingly, this unopposed motion to be relieved is GRANTED and effective upon filing a proof of service showing service of this Order on Plaintiff and all parties who have appeared.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.

Case Number: BC690897    Hearing Date: February 05, 2020    Dept: 27

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL

George G. Mgdesy seeks to be relieved as counsel of record for plaintiff Gilberto Jimenez on the grounds that attorney-client communication has completely broken down. Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.) The motion complies with California Rules of Court, Rule 3.1362. The Court notes that trial in this matter is currently set for May 7, 2020 and no prejudice will result from granting this motion. Accordingly, this unopposed motion to be relieved is GRANTED and effective upon filing a proof of service showing service of this order on Mr. Jimenez and all parties who have appeared.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.

Case Number: BC690897    Hearing Date: January 17, 2020    Dept: 27

[TENTATIVE] ORDER RE: MOTION TO COMPEL PLAINTIFF’S MEDICAL EXAMINATION; REQUEST FOR SANCTIONS

On January 19, 2018, plaintiffs Alfredo Reyes, Bianca Cruz, and Gilberto Jimenez (“Jimenez”) filed this action against defendant Julio Enrique Gonzales (“Defendant”) for injuries arising from an automobile accident.

Defendant served a demand for a medical examination on Jimenez on April 23, 2019. Jimenez did not object, did not state that he could not appear, but then failed to attend the examination, resulting in Defendant being charged a $495 cancellation fee. On August 13, 2019, Defendant served a second demand for an exam scheduled for November 26, 2019. On November 18, 2019, Jimenez belatedly objected to the demand claiming he was unavailable. On November 20, 2019, defense counsel informed Jimenez’s counsel that a cancellation fee would be once again assessed if Jimenez failed to show up. Jimenez did not appear for his exam. Jimenez has not provided alternative dates for an examination. Defendant has scheduled an examination for February 18, 2020.

In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a location within 75 miles of the residence of the examinee. (Code Civ. Proc., § 2032.220, subd. (a).) A defendant may make a demand for physical examination without leave of the court after that defendant has been served or has appeared (Code Civ. Proc., § 2032.220, subd. (b)), and the physical examination demanded shall be scheduled for a date at least 30 days after service (Code Civ. Proc., § 2032.220, subd. (d)). Within 20 days after service of the demand, the plaintiff to whom the demand is directed shall serve a written statement that he or she will comply with the demand as stated, will comply with the demand as specifically modified by the plaintiff, or will refuse, for reasons specified in the response, to submit to the demanded physical examination. (Code Civ. Proc., § 2032.230, subd. (a).)

Plaintiff’s counsel argues they have been unable to contact Jimenez. Counsel states they did not have notice of the first scheduled examination because Defendant did not serve them. The proof service shows Defendant served the co-counsel representing Plaintiff, thereby sufficiently giving Plaintiff notice of the examination. Plaintiff’s counsel argues she could not reach Jimenez before the second scheduled examination, but that does not excuse Jimenez for not appearing and not keeping in touch with his attorney. Nor does it excuse Plaintiff’s counsel for not objecting to the date earlier enough so as to avoid a cancellation fee. Plaintiff’s counsel has filed a motion to be relieved as counsel.

Jimenez is required to submit to a defense medical examination pursuant to section 2032.220. Accordingly, Defendant’s motion is GRANTED. Jimenez is ordered to appear for an examination with Dr. Steven Nagelberg on February 18, 2020 at 10:00 a.m. at the office located at Cambridge Medical Group, 10800 Paramount Blvd., Suite 204A, Downey, California 90241.

“If a party is required to submit to a physical or mental examination . . . but fails to do so, the court, on motion of the party entitled to the examination, may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction . . . In lieu of or in addition to that sanction, the court may, on motion of the party, impose a monetary sanction . . .” (Code Civ. Proc., § 2032.410.) Jimenez has failed to appear at two examinations despite never having timely objected. Sanctions are imposed on Jimenez and Dynasty Law Group, APC (which received notice of the first examination and did not object), jointly and severally, in the amount of $495 for the first cancellation fee. Sanctions are imposed on Jimenez and MgDesyan Law Firm (which received notice of the second examination and not timely object), jointly and severally, in the amount of $495 for the second cancellation fee. Sanctions are imposed on Jimenez in the amount of $980 for fees and costs incurred in bringing this motion. All sanctions are to be paid within twenty days of the date of this order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.