This case was last updated from Los Angeles County Superior Courts on 11/24/2021 at 03:01:50 (UTC).

DWIGHT CARLSON VS DYLAN KIRSCH

Case Summary

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.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6847

  • Filing Date:

    09/22/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

CHRISTOPHER K. LUI

DANIEL M. CROWLEY

 

Party Details

Plaintiff

CARLSON DWIGHT

Defendants

KIRSCH DYLAN

TRILLING YVONNE KATHERINE DOE 1

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

PACIFIC ATTORNEY GROUP

MOUSSAVIAN HAMID REZA

Respondent and Defendant Attorneys

MATSUDA JANE O. ESQ.

MARKHAM KEEVIL L. ESQ.

MATSUDA JANE OLIVAS ESQ.

MACKEY ROBERT THOMAS

 

Court Documents

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

1/8/2021: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Notice of Ruling

12/3/2020: Notice of Ruling

Reply - REPLY DEFENDANTS DYLAN KIRSCH AND YVONNE TRILLINGS REPLY IN SUPPORT OF THEIR MOTION FOR LEAVE TO CONDUCT SECOND PHYSICAL EXAMINATION OF PLAINTIFF

11/17/2020: Reply - REPLY DEFENDANTS DYLAN KIRSCH AND YVONNE TRILLINGS REPLY IN SUPPORT OF THEIR MOTION FOR LEAVE TO CONDUCT SECOND PHYSICAL EXAMINATION OF PLAINTIFF

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL IME)

11/24/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL IME)

Motion to Compel - MOTION TO COMPEL NOTICE OF MOTION AND MOTION FOR LEAVE TO CONDUCT SECOND PHYSICAL EXAMINATION AND MENTAL EXAMINATION OF PLAINTIFF; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION

10/28/2020: Motion to Compel - MOTION TO COMPEL NOTICE OF MOTION AND MOTION FOR LEAVE TO CONDUCT SECOND PHYSICAL EXAMINATION AND MENTAL EXAMINATION OF PLAINTIFF; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION

Opposition - OPPOSITION TO DEFENDANTS' MOTION FOR LEAVE TO CONDUCT SECOND PHYSICAL EXAMINATION AND MENTAL EXAMINATION OF PLAINTIFF

11/13/2020: Opposition - OPPOSITION TO DEFENDANTS' MOTION FOR LEAVE TO CONDUCT SECOND PHYSICAL EXAMINATION AND MENTAL EXAMINATION OF PLAINTIFF

Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER GRANTING LAVE TO CONDUCT A NEUROPSYCHOLOGICAL EXAMINATION OF PLAINTIFF

2/19/2020: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER GRANTING LAVE TO CONDUCT A NEUROPSYCHOLOGICAL EXAMINATION OF PLAINTIFF

Minute Order - MINUTE ORDER (DEFENDANTS DYLAN KIRSCH'S AND YVONEE TRILLING'S EX PARTE APPL...)

2/20/2020: Minute Order - MINUTE ORDER (DEFENDANTS DYLAN KIRSCH'S AND YVONEE TRILLING'S EX PARTE APPL...)

Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER GRANTING A TRIAL CONTINUANCE AND ALL DATES BASED THEREON

2/25/2020: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER GRANTING A TRIAL CONTINUANCE AND ALL DATES BASED THEREON

Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER GRANTING A TRIAL CONTINUANCE AND ALL DATES

3/10/2020: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER GRANTING A TRIAL CONTINUANCE AND ALL DATES

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

3/10/2020: 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

Minute Order - MINUTE ORDER (DEFENDANTS DYLAN KIRSCH AND YVONNE TRILLING'S EX PARTE APPLIC...)

3/11/2020: Minute Order - MINUTE ORDER (DEFENDANTS DYLAN KIRSCH AND YVONNE TRILLING'S EX PARTE APPLIC...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/30/2020

3/30/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/30/2020

Minute Order - MINUTE ORDER (COURT ORDER)

3/30/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Notice of Posting of Jury Fees

7/2/2020: Notice of Posting of Jury Fees

Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL DATE AND ALL DATES BASED THEREON

7/10/2020: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL DATE AND ALL DATES BASED THEREON

Opposition - OPPOSITION OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL DATE AND ALL DATES BASED THEREON; DECLARATION OF MICHAEL P. HOLLOMON, JR.; MEMORANDUM OF POINTS AND

7/10/2020: Opposition - OPPOSITION OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL DATE AND ALL DATES BASED THEREON; DECLARATION OF MICHAEL P. HOLLOMON, JR.; MEMORANDUM OF POINTS AND

Minute Order - MINUTE ORDER (DEFENDANTS' EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL DA...)

7/13/2020: Minute Order - MINUTE ORDER (DEFENDANTS' EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL DA...)

25 More Documents Available

 

Docket Entries

  • 12/09/2021
  • Hearing12/09/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 11/24/2021
  • Hearing11/24/2021 at 10:00 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 01/22/2021
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 01/08/2021
  • Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Continued - Court's Motion

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  • 01/08/2021
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 12/03/2020
  • DocketNotice of Ruling; Filed by Dylan Kirsch (Defendant); Trilling, Yvonne Katherine (Doe 1) (Defendant)

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  • 11/24/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Compel (IME) - Held

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  • 11/24/2020
  • DocketMinute Order ( (Hearing on Motion to Compel IME)); Filed by Clerk

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  • 11/17/2020
  • 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)

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  • 11/13/2020
  • DocketOpposition (TO DEFENDANTS' MOTION FOR LEAVE TO CONDUCT SECOND PHYSICAL EXAMINATION AND MENTAL EXAMINATION OF PLAINTIFF); Filed by Dwight Carlson (Plaintiff)

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49 More Docket Entries
  • 04/24/2018
  • DocketYVONNE KATHERINE TRILLINGS ANSWER TO COMPLAINT

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  • 04/03/2018
  • DocketAMENDMENT TO COMPLAINT

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  • 04/02/2018
  • DocketAmendment to Complaint; Filed by Dwight Carlson (Plaintiff)

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  • 11/08/2017
  • DocketDYLAN KIRSCH'S ANSWER TO COMPLAINT

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  • 11/08/2017
  • DocketAnswer; Filed by Dylan Kirsch (Defendant)

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  • 10/16/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 10/16/2017
  • DocketProof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 09/22/2017
  • DocketComplaint; Filed by Dwight Carlson (Plaintiff)

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  • 09/22/2017
  • DocketSUMMONS

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  • 09/22/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: ****6847    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.

BACKGROUND

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.

PARTIES S

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

LEGAL STANDARD

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.”

DISCUSSION

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.  

CONCLUSION

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.



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