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, STEPHEN I. GOORVITCH and MICHAEL E. WHITAKER. The case status is Pending - Other Pending.
****6894
07/06/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
ELAINE LU
STEPHEN I. GOORVITCH
MICHAEL E. WHITAKER
WALLACE BILLY
MERVALE BRUCE
WOODS DRIVE AUTO LLC
BANKS DEVAN
DOES 1 TO 100
MGDESYAN GEORGE G. ESQ.
MGDESYAN GEORGE GEVORK ESQ.
CALENDO PUCKETT SHEEDY LLP
PUCKETT KIM B.
2/22/2021: Notice of Ruling
2/22/2021: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)
11/25/2020: Motion to Deem RFA's Admitted
12/26/2019: Notice of Posting of Jury Fees
3/11/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil
4/15/2020: Minute Order - MINUTE ORDER (COURT ORDER)
4/15/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/15/2020
5/27/2020: Minute Order - MINUTE ORDER (COURT ORDER)
6/26/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL; HEARING ON MOTIO...)
4/9/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL, FINAL STAT...)
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
1/26/2018: ANSWER TO COMPLAINT ON BEHALF OF DEFENDANTS, BRUCE MERIVALE, DEVAN BANKS AND WOODS DRWE AUTO, LLC
1/26/2018: NOTICE OF DEMAND FOR JURY TRIAL
10/17/2017: PROOF OF SERVICE SUMMONS -
10/26/2017: PROOF OF SERVICE SUMMONS -
10/26/2017: PROOF OF SERVICE SUMMONS -
7/6/2017: Summons -
7/6/2017: Complaint -
Hearing03/10/2021 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial
Hearing03/10/2021 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference
Hearing03/10/2021 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: dismissal for failure to prosecute
Docketat 10:00 AM in Department 32, Michael E. Whitaker, Presiding; Final Status Conference - Not Held - Continued - Court's Motion
DocketNotice of Ruling; Filed by Bruce Mervale (Defendant); Devan Banks (Defendant); Woods Drive Auto, LLC (Defendant)
DocketMinute Order ( (Final Status Conference)); Filed by Clerk
DocketNotice of Ruling (Re: Defendant's Motion to Have Truth of Matters Specified in Requests for Admission (Set 2) be Deemed Admitted Against Plaintiff); Filed by Bruce Mervale (Defendant); Devan Banks (Defendant); Woods Drive Auto, LLC (Defendant)
Docketat 08:30 AM in Department 32, Michael E. Whitaker, Presiding; Hearing on Motion to Deem Request for Admissions Admitted - Held - Motion Granted
DocketMinute Order ( (Hearing on Motion to Deem Request for Admissions Admitted)); Filed by Clerk
DocketMotion to Deem RFA's Admitted; Filed by Bruce Mervale (Defendant); Devan Banks (Defendant); Woods Drive Auto, LLC (Defendant)
DocketNotice; Filed by Bruce Mervale (Defendant)
DocketProof-Service/Summons; Filed by Billy Wallace (Plaintiff)
DocketPROOF OF SERVICE SUMMONS
DocketPROOF OF SERVICE SUMMONS
DocketProof-Service/Summons; Filed by Billy Wallace (Plaintiff)
DocketPROOF OF SERVICE SUMMONS
DocketProof-Service/Summons; Filed by Billy Wallace (Plaintiff)
DocketSummons; Filed by Billy Wallace (Plaintiff)
DocketComplaint
DocketComplaint; Filed by Billy Wallace (Plaintiff)
Case Number: BC666894 Hearing Date: February 08, 2021 Dept: 32
PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at sscdept32@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely.
TENTATIVE RULING
DEPTARTMENT |
32 |
HEARING DATE |
February 8, 2021 |
CASE NUMBER |
BC666894 |
MOTION |
Motion to Deem Requests for Admission Admitted |
MOVING PARTY |
Defendant Bruce Merivale |
OPPOSING PARTY |
None |
MOTION
Defendant Bruce Merivale (“Defendant”) moves for an order deeming the truth of all matters set forth in Defendant’s Requests for Admissions, set two (“RFA”), which Defendant propounded on Plaintiff Billy Wallace (“Plaintiff”). Plaintiff has not filed an opposition to the Motion.
ANALYSIS
Where a party fails to respond to requests for admissions, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction. (Code Civ. Proc., § 2033.280, subd. (b).) The court “shall” grant a motion to deem admitted the matters specified in the requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc., § 2033.280, subd. (c).)
Defendant served the RFA on Plaintiff by mail on July 15, 2020. Plaintiff’s responses were thus due by August 19, 2020. As of the filing date of this motion, Plaintiff has not served responses to the RFA.
CONCLUSION AND ORDER
Consequently, the Court grants Defendant’s motion and deems admitted all of the matters set forth in the RFA. Defendant is ordered to provide notice of this order and file proof of service of such.
Case Number: BC666894 Hearing Date: June 26, 2020 Dept: 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.
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.