This case was last updated from Los Angeles County Superior Courts on 10/24/2020 at 13:47:24 (UTC).

BILLY WALLACE VS BRUCE MERVALE ET AL

Case Summary

On 07/06/2017 BILLY WALLACE filed a Personal Injury - Motor Vehicle lawsuit against BRUCE MERVALE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ELAINE LU and STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6894

  • Filing Date:

    07/06/2017

  • 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

Presiding Judges

ELAINE LU

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

WALLACE BILLY

Defendants and Respondents

MERVALE BRUCE

WOODS DRIVE AUTO LLC

BANKS DEVAN

DOES 1 TO 100

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

MGDESYAN GEORGE G. ESQ.

MGDESYAN GEORGE GEVORK ESQ.

Defendant and Respondent Attorneys

CALENDO PUCKETT SHEEDY LLP

PUCKETT KIM B.

 

Court Documents

Notice of Change of Address or Other Contact Information

12/26/2019: Notice of Change of Address or Other Contact Information

Notice of Posting of Jury Fees

12/26/2019: Notice of Posting of Jury Fees

Motion to Be Relieved as Counsel

3/11/2020: Motion to Be Relieved as Counsel

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

3/11/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Minute Order - MINUTE ORDER (COURT ORDER)

4/15/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/15/2020

4/15/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/15/2020

Minute Order - MINUTE ORDER (COURT ORDER)

5/27/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Notice - NOTICE NOTICE OF COURT ORDER

5/28/2020: Notice - NOTICE NOTICE OF COURT ORDER

Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL; HEARING ON MOTIO...)

6/26/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL; HEARING ON MOTIO...)

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL, FINAL STAT...)

4/9/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL, FINAL STAT...)

PLAINTIFF BILLY WALLACE'S OPPOSITION TO DEFENDANT'S MOTION TO DEEMING TRUTH OF REQUESTS FOR ADMISSIONS AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $360.00

9/6/2018: PLAINTIFF BILLY WALLACE'S OPPOSITION TO DEFENDANT'S MOTION TO DEEMING TRUTH OF REQUESTS FOR ADMISSIONS AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $360.00

ANSWER TO COMPLAINT ON BEHALF OF DEFENDANTS, BRUCE MERIVALE, DEVAN BANKS AND WOODS DRWE AUTO, LLC

1/26/2018: ANSWER TO COMPLAINT ON BEHALF OF DEFENDANTS, BRUCE MERIVALE, DEVAN BANKS AND WOODS DRWE AUTO, LLC

NOTICE OF DEMAND FOR JURY TRIAL

1/26/2018: NOTICE OF DEMAND FOR JURY TRIAL

PROOF OF SERVICE SUMMONS -

10/17/2017: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

10/26/2017: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

10/26/2017: PROOF OF SERVICE SUMMONS -

Summons -

7/6/2017: Summons -

Complaint -

7/6/2017: Complaint -

22 More Documents Available

 

Docket Entries

  • 03/10/2021
  • Hearing03/10/2021 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 02/22/2021
  • Hearing02/22/2021 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 08/13/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Continued - Court's Motion

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  • 07/27/2020
  • Docketat 10:00 AM in Department 32, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Court's Motion

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  • 07/08/2020
  • DocketNotice of Ruling; Filed by Billy Wallace (Plaintiff)

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  • 07/06/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; (OSC RE Dismissal) - Not Held - Vacated by Court

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  • 06/26/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion to Compel (IME of plaintiff Billy Wallace) - Held - Motion Granted

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  • 06/26/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion to be Relieved as Counsel - Held - Motion Granted

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  • 06/26/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Trial Setting Conference - Held

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  • 06/26/2020
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Filed by Billy Wallace (Plaintiff)

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46 More Docket Entries
  • 01/26/2018
  • DocketANSWER TO COMPLAINT ON BEHALF OF DEFENDANTS, BRUCE MERIVALE, DEVAN BANKS AND WOODS DRWE AUTO, LLC

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  • 10/26/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 10/26/2017
  • DocketProof-Service/Summons; Filed by Billy Wallace (Plaintiff)

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  • 10/26/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 10/26/2017
  • DocketProof-Service/Summons; Filed by Billy Wallace (Plaintiff)

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  • 10/17/2017
  • DocketProof-Service/Summons; Filed by Billy Wallace (Plaintiff)

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  • 10/17/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 07/06/2017
  • DocketComplaint

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  • 07/06/2017
  • DocketSummons; Filed by Billy Wallace (Plaintiff)

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  • 07/06/2017
  • DocketComplaint; Filed by Billy Wallace (Plaintiff)

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Tentative Rulings

Case Number: BC666894    Hearing Date: June 26, 2020    Dept: 32

 ORDER #1 of 2

Superior Court of California

County of Los Angeles

Department 32

billy wallace,

Plaintiff,

v.

bruce mervale, et al.,

Defendants.

Case No.: BC666894

Hearing Date: June 26, 2020

[TENTATIVE] order RE:

MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION

BACKGROUND

Plaintiff Billy Wallace (“Plaintiff”) filed this action against Defendants Bruce Merivale, Devan Banks, and Woods Drive Auto, LLC (“Defendants”) following a motor vehicle collision. Among other injuries, Plaintiff alleges that he suffers from constant headaches as a result of the accident. Now, Defendants move to compel Plaintiff to submit to a physical examination by Cary D. Alberstone, M.D. (“Dr. Alberstone”), a neurosurgeon. The motion is granted.

Legal Standard

When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is entitled to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).)

DISCUSSION

Defendants first noticed Plaintiff’s examination with Dr. Alberstone for September 11, 2019. (Declaration of Kim B. Puckett, ¶ 4 & Exh. C.) Plaintiff objected to the notice on the basis that Plaintiff was not available on that date for the examination. (Id., Exh. D.) Defendants proposed alterative dates for the examination, but Plaintiff did not respond. (Id., ¶ 6 & Exh. E.) Defendants re-noticed the examination for February 4, 2020. (Id., ¶ 7 & Exh. E.) Plaintiff again objected to the notice on the basis that Plaintiff was not available on that date. (Id., ¶ 9 & Exh. H.) Defendants refused to take the examination off-calendar, and Plaintiff failed to appear. (Id., ¶¶ 10-11.)

The Court finds no good cause for Plaintiff’s conduct in this matter. The record reflects that Defendants’ counsel attempted to schedule Plaintiff’s examination on several occasions. Each time, Plaintiff stated that he was not available but refused to propose alternative dates. The record reflects no valid reason excusing Plaintiff from appearing for an examination with Dr. Alberstone. Therefore, the Court grants the motion. The Court also finds that Plaintiff’s conduct constitutes an abuse of the discovery process and grants Defendants’ request for sanctions against Plaintiff. The Court orders Plaintiff to pay sanctions in the amount of $760 requested by Defendants, comprised of the $700 non-appearance fee and $60 filing fee, as that amount is fair and reasonable under the circumstances.

The Court does not order Plaintiff’s counsel to pay any sanctions, as the notice was defective. The caption for the motion references sanctions against “Plaintiff and His Counsel” but the notice itself that Defendants request sanctions against “Plaintiff BILLY WALLCE” without reference to counsel. The caption is not sufficient because it does not identify counsel.

CONCLUSION AND ORDER

The motion to compel the physical examination of Plaintiff is granted. Plaintiff must appear for a physical examination before Dr. Alberstone no sooner than September 1, 2020, and no later than November 1, 2020, unless both parties stipulate to date outside this range. The Court is affording Plaintiff this delay in order to retain new counsel and to ensure that the examination may be conducted safely, in light of COVID-19. Plaintiff shall pay sanctions to Defendants, through their counsel, on or before the final status conference date in this case. Defendants shall provide notice and file proof of such with the Court.

ORDER #2 of 2

billy wallace,

Plaintiff,

v.

bruce mervale, et al.,

Defendants.

Case No.: BC666894

Hearing Date: June 26, 2020

[TENTATIVE] order RE:

motion to be relieved as counsel

Attorney George G. Mgdesyan (“Counsel”) moves to be relieved as counsel for Plaintiff Billy Wallace (“Plaintiff”). Counsel has filed forms MC-051 and MC-052 as required, and has lodged with the Court a copy of the proposed order on form MC-053 as required. (Cal Rules of Court, rule 3.1362.) The basis for this motion is a breakdown in the attorney-client relationship. Based upon the foregoing, the motion is granted. The Court advances and vacates the final status conference and trial dates. The Court must set new dates to afford Plaintiff sufficient time to retain new counsel or prepare to handle the case himself, and to afford the parties sufficient time to complete the defense medical examination of Plaintiff. Following a trial setting conference, the Court sets the following dates:

Final Status Conference: February 22, 2021, at 10:00 a.m.

Trial: March 10, 2021, at 8:30 a.m.

Counsel should note that Counsel will remain attorney of record until Counsel files with the Court proof of service of the signed order. Counsel must serve a copy of the signed order (form MC-053) on Plaintiff within 10 days.

Counsel is ordered to provide notice of this order and file proof of service of such.