This case was last updated from Los Angeles County Superior Courts on 04/09/2022 at 15:06:06 (UTC).

CESAR UGALDE ARIAS VS SOPHIA ZONGY ANG LIU, ET AL.

Case Summary

On 08/04/2020 CESAR UGALDE ARIAS filed a Personal Injury - Motor Vehicle lawsuit against SOPHIA ZONGY ANG LIU. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is MICHAEL E. WHITAKER. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9481

  • Filing Date:

    08/04/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MICHAEL E. WHITAKER

 

Party Details

Plaintiff

ARIAS CESAR UGALDE

Defendants

LIU SOPHIA ZONGY ANG

AND DOES 1 THROUGH 50 INCLUSIVE

LIU SOPHIA ZONGYANG

Attorney/Law Firm Details

Plaintiff Attorney

LERMAN STEVEN A.

Defendant Attorney

O'CONNOR EDWARD R.

 

Court Documents

Notice of Change of Firm Name

6/8/2021: Notice of Change of Firm Name

Motion to Compel - MOTION TO COMPEL PLAINTIFF TO COMPLY WITH DEMAND FOR ORTHOPEDIC EXAMINATION

8/16/2021: Motion to Compel - MOTION TO COMPEL PLAINTIFF TO COMPLY WITH DEMAND FOR ORTHOPEDIC EXAMINATION

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL PLAINTIFF TO COMPLY WITH DEMAND F...)

9/10/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL PLAINTIFF TO COMPLY WITH DEMAND F...)

Notice of Ruling

9/13/2021: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL PLAINTIFF TO COMPLY WITH DEMAND F...)

9/17/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL PLAINTIFF TO COMPLY WITH DEMAND F...)

Notice of Ruling

9/20/2021: Notice of Ruling

Stipulation and Order - STIPULATION AND ORDER REGARDING COURT ORDERED ORTHOPEDIC EXAM

9/30/2021: Stipulation and Order - STIPULATION AND ORDER REGARDING COURT ORDERED ORTHOPEDIC EXAM

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL PLAINTIFF TO COMPLY WITH DEMAND F...)

10/1/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL PLAINTIFF TO COMPLY WITH DEMAND F...)

Stipulation and Order - STIPULATION AND ORDER STIPULATION TO CONTINUE TRIAL & FSC DATE; [PROPOSED] ORDER

10/26/2021: Stipulation and Order - STIPULATION AND ORDER STIPULATION TO CONTINUE TRIAL & FSC DATE; [PROPOSED] ORDER

Notice of Change of Firm Name

1/6/2022: Notice of Change of Firm Name

Answer

9/2/2020: Answer

Demand for Jury Trial

9/2/2020: Demand for Jury Trial

Proof of Personal Service

8/27/2020: Proof of Personal Service

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATE

8/14/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATE

PI General Order

8/14/2020: PI General Order

Summons - SUMMONS ON COMPLAINT

8/4/2020: Summons - SUMMONS ON COMPLAINT

Civil Case Cover Sheet

8/4/2020: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

8/4/2020: Notice of Case Assignment - Unlimited Civil Case

7 More Documents Available

 

Docket Entries

  • 08/01/2023
  • Hearing08/01/2023 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 11/30/2022
  • Hearing11/30/2022 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 11/14/2022
  • Hearing11/14/2022 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 02/01/2022
  • Docketat 08:30 AM in Department 32, Michael E. Whitaker, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 01/21/2022
  • Docketat 1:30 PM in Department 32, Michael E. Whitaker, Presiding; Hearing on Motion to Compel (Plaintiff to Comply with Demand for Ortho Exam) - Not Held - Taken Off Calendar by Party

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  • 01/18/2022
  • Docketat 10:00 AM in Department 32, Michael E. Whitaker, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 01/06/2022
  • DocketNotice of Change of Firm Name; Filed by Sophia Zongyang Liu (Defendant)

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  • 10/26/2021
  • DocketStipulation and Order (Stipulation to Continue Trial & FSC Date; [Proposed] Order); Filed by Sophia Zongyang Liu (Defendant)

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  • 10/01/2021
  • Docketat 1:30 PM in Department 32, Michael E. Whitaker, Presiding; Hearing on Motion to Compel (Plaintiff to Comply with Demand for Orthopedic Examination) - Not Held - Taken Off Calendar by Court

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  • 10/01/2021
  • DocketMinute Order ( (Hearing on Motion to Compel Plaintiff to Comply with Demand f...)); Filed by Clerk

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8 More Docket Entries
  • 06/08/2021
  • DocketNotice of Change of Firm Name; Filed by Sophia Zongyang Liu (Defendant)

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  • 09/02/2020
  • DocketAnswer; Filed by Sophia Zongyang Liu (Defendant)

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  • 09/02/2020
  • DocketDemand for Jury Trial; Filed by Sophia Zongyang Liu (Defendant)

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  • 08/27/2020
  • DocketProof of Personal Service; Filed by Cesar Ugalde Arias (Plaintiff)

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  • 08/14/2020
  • DocketPI General Order; Filed by Clerk

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  • 08/14/2020
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Date); Filed by Clerk

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  • 08/04/2020
  • DocketSummons (on Complaint); Filed by Cesar Ugalde Arias (Plaintiff)

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  • 08/04/2020
  • DocketComplaint; Filed by Cesar Ugalde Arias (Plaintiff)

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  • 08/04/2020
  • DocketCivil Case Cover Sheet; Filed by Cesar Ugalde Arias (Plaintiff)

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  • 08/04/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: *******9481 Hearing Date: September 10, 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

DEPARTMENT

32

HEARING DATE

September 10, 2021

CASE NUMBER

*******9481

MOTION

Motion to Compel Additional Independent Medical Examination

MOVING PARTY

Defendant Sophia Zongyang Liu

OPPOSING PARTY

None

MOTIONS

Defendant Sophia Zongyang Liu (“Defendant”) moves to compel Plaintiff Cesar Ugalde Arias (“Plaintiff”) to submit to a second independent medical examination with Dr. Tchejayan (“Tchejayan”). Plaintiff has not filed an opposition to the motion.

ANALYSIS

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 permitted to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., ; 2032.220, subd. (a).) If the defendant seeks to obtain an additional physical examination of the plaintiff, the defendant must obtain leave of court. (Code Civ. Proc., ; 2032.310, subd. (a).) A motion to compel an additional physical examination must “specify the time, place, manner, conditions, scope and nature of the examination, as well as the identity and specialty, if any, of the person or persons who will perform the examination . . . ,” and must include a meet and confer declaration. (Code Civ. Proc., ; 2032.310, subd. (b).) Additionally, the defendant must make a showing of “good cause” to obtain the second physical examination. (Code Civ. Proc., ; 2032.320, subd. (a).)

Plaintiff contends that, because of a motor vehicle collision, Plaintiff sustained injuries to his neck, upper back, low back, ribcage, bilateral thighs, left knee, bilateral lower legs, bilateral shoulders, and left toes. Plaintiff also contends that he suffers left knee pain, tingling to the right lower extremity, neck, and back pain. (See Declaration of Edward O’Connor, Exhibit A, pp. 5-6.) On August 25, 2021, Plaintiff underwent an examination with Paul Kaloostian, M.D., who is a neurologist. Now, Defendant seeks to compel Plaintiff to undergo an examination with Tchejayan, who is an orthopedist. Plaintiff’s claim that he has injuries to his neck, upper back, low back, ribcage, bilateral thighs, left knee, bilateral lower legs, bilateral shoulders, and left toes is good cause for an additional examination. But the Court finds Defendant has not described the “manner, conditions, scope and nature” of the examination that Tchejayan will perform, as required. (Code Civ. Proc., ; 2032.310, subd. (b).)

To compel Plaintiff to submit to an additional examination, the Court must “describe in detail who will conduct the examination, where and when it will be conducted, the conditions, scope and nature of the examination, and the diagnostic tests and procedures to be employed. The way to describe these ‘diagnostic tests and procedures’—fully and in detail—is to list them by name.” (Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 260.) Defendant has not identified the tests Tchejayan intends to perform.

Accordingly, the motion to compel Plaintiff to submit to an additional medical examination with Tchejayan is denied without prejudice as procedurally defective. Defendant must notify Plaintiff of precisely the diagnostic tests and procedures that Tchejayan intends to use to evaluate Plaintiff.

Defendant shall provide notice of this order and file proof of service of such.


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