On 09/22/2017 DWIGHT CARLSON filed a Personal Injury - Motor Vehicle lawsuit against DYLAN KIRSCH. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI and DANIEL M. CROWLEY. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
DANIEL M. CROWLEY
DOES 1 TO 20
TRILLING YVONNE KATHERINE (DOE 1)
TRILLING YVONNE KATHERINE DOE 1
PACIFIC ATTORNEY GROUP
MOUSSAVIAN HAMID REZA
MATSUDA JANE O. ESQ.
MARKHAM KEEVIL L. ESQ.
MATSUDA JANE OLIVAS ESQ.
MACKEY ROBERT THOMAS
1/8/2021: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)
12/3/2020: Notice of Ruling
2/19/2020: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER GRANTING LAVE TO CONDUCT A NEUROPSYCHOLOGICAL EXAMINATION OF PLAINTIFF
3/10/2020: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER GRANTING A TRIAL CONTINUANCE AND ALL DATES
3/10/2020: Opposition - OPPOSITION OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION TO RE-OPEN DISCOVERY; DECLARATION OF MICHAEL P. HOLLOMON, JR.; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
3/30/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/30/2020
7/2/2020: Notice of Posting of Jury Fees
9/22/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL)
9/9/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE; EX PARTE APPLICATION OF DEFENDANTS D...)
3/26/2019: Substitution of Attorney
3/1/2019: Substitution of Attorney
2/21/2019: Association of Attorney
1/2/2019: Stipulation and Order - Stipulation and Order to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District)
9/12/2018: NOTICE OF POSTING JURY FEES
9/12/2018: CIVIL DEPOSIT -
4/3/2018: AMENDMENT TO COMPLAINT
9/22/2017: SUMMONS -
9/22/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -
Hearing12/09/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Jury TrialRead MoreRead Less
Hearing11/24/2021 at 10:00 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Final Status ConferenceRead MoreRead Less
Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Advanced and Continued - by CourtRead MoreRead Less
Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Continued - Court's MotionRead MoreRead Less
DocketMinute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
DocketNotice of Ruling; Filed by Dylan Kirsch (Defendant); Trilling, Yvonne Katherine (Doe 1) (Defendant)Read MoreRead Less
Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Compel (IME) - HeldRead MoreRead Less
DocketMinute Order ( (Hearing on Motion to Compel IME)); Filed by ClerkRead MoreRead Less
DocketReply (DEFENDANTS DYLAN KIRSCH AND YVONNE TRILLING?S REPLY IN SUPPORT OF THEIR MOTION FOR LEAVE TO CONDUCT SECOND PHYSICAL EXAMINATION OF PLAINTIFF); Filed by Dylan Kirsch (Defendant); Trilling, Yvonne Katherine (Doe 1) (Defendant)Read MoreRead Less
DocketOpposition (TO DEFENDANTS' MOTION FOR LEAVE TO CONDUCT SECOND PHYSICAL EXAMINATION AND MENTAL EXAMINATION OF PLAINTIFF); Filed by Dwight Carlson (Plaintiff)Read MoreRead Less
DocketYVONNE KATHERINE TRILLINGS ANSWER TO COMPLAINTRead MoreRead Less
DocketAMENDMENT TO COMPLAINTRead MoreRead Less
DocketAmendment to Complaint; Filed by Dwight Carlson (Plaintiff)Read MoreRead Less
DocketDYLAN KIRSCH'S ANSWER TO COMPLAINTRead MoreRead Less
DocketAnswer; Filed by Dylan Kirsch (Defendant)Read MoreRead Less
DocketPROOF OF SERVICE SUMMONSRead MoreRead Less
DocketProof-Service/Summons; Filed by Plaintiff/PetitionerRead MoreRead Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketComplaint; Filed by Dwight Carlson (Plaintiff)Read MoreRead Less
Case Number: BC676847 Hearing Date: November 24, 2020 Dept: 28
Motion to Compel a Physical and Mental Examination
Having considered the moving, opposing, and reply papers, the Court rules as follows.
On September 22, 2017, Plaintiff Dwight Carlson (“Plaintiff”) filed a complaint against Defendant Dylan Kirsch (“Defendant Kirsch”). Plaintiff alleges general and motor vehicle negligence arising from an automobile collision that occurred on October 2, 2015.
On April 2, 2018, Plaintiff filed an amendment to his complaint to rename Doe 1 as Defendant Yvonne Katherine Trilling (“Defendant Trilling”).
On October 28, 2020, Defendants Kirsch Trilling pursuant to California Code of Civil Procedure section .
Trial is set for January 22, 2021.
Defendants Kirsch and Trilling ask the Court to compel Plaintiff to appear for a second orthopedic examination because Plaintiff complains of cervical, lumbar, neck, and shoulder injuries that are distinct from the neurological injuries the first physical examination was for.
Defendants Kirsch and Trilling ask the Court to compel Plaintiff to appear for a
California Code of Civil procedure section states: “(a) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court. (b) A motion for an examination under subdivision (a) 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. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. (c) Notice of the motion shall be served on the person to be examined and on all parties
California Code of Civil Procedure section or mental examination under Section 2032.310 only for good cause shown. . . . or mental examination shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope, and nature of the examination.”
The Court finds there is good cause for Plaintiff to undergo a second physical examination. The first physical examination was a neurological examination. (Selarz The proposed second physical examination is for an orthopedic examination of Plaintiff’s cervical injuries, lumbar injuries, chronic neck pain, ad shoulder strain. (Ibid.; Motion, p. 4:1-4:6.) These specialties are starkly different and necessarily involve the examination of differing sources of Plaintiff’s injuries. Thus, there is good cause for the second physical examination.
The Court also finds there is good cause for Plaintiff to undergo a mental examination. Plaintiff was diagnosed earlier this year with post-traumatic stress disorder, somatic symptom disorder, and possible major depressive order. (Selarz ¶¶ Selarz ¶
Plaintiff argues the motion should be denied because Defendants Kirsch and Trilling Defendants Kirsch’s ’s motion is truly an untimely motion for reconsideration. The Court disagrees. Defendants Kirsch and Trilling parte parte
The court notes that while the requests certainly could have been made sooner, there is no prejudice to the plaintiff in their delay. Defendants are not requesting a trial continuance.
The motion GRANTED.
Plaintiff is ordered to appear for a mental Po-Haong PSY.D as follows:
Date: On December 3, 2020.
Time: 10:30 a.m.
Location: 11835 W. Olympic Blvd., #1265, Los Angeles, California.
Nature: this examination shall take no longer than B-test, Auditory Consonant Trigrams, Boston Diagnostic Aphasia Exam and/or Western Aphasia Bater, Brief Visospatial Ostrrieth Trailmaking Johnson Tests of Academic Achievement-IV, and Clinical Interview. No diagnostic test or procedure is to be painful, protracted, or intrusive.
Plaintiff is ordered to appear for a physical James M. Loddengaard, M.D.
Date: On December 8, 2020.
Time: 1:30 p.m.
Location: 5215 Torrance Blvd., Suite 210, Torrance, California 90503.
Nature: this examination shall take no longer than eight hours and consist of the following tests: taking a history, present status, physical examination, and x-rays of injured areas. No diagnostic test or procedure is to be painful, protracted, or intrusive.
Defendants Kirsch and Trilling are ordered to give notice of this ruling.
The parties are directed to the header of this tentative ruling for further instructions.