This case was last updated from Los Angeles County Superior Courts on 07/01/2019 at 01:22:26 (UTC).

ERIC BELLINGER VS ENTERPRISE HOLDINGS INC ET AL

Case Summary

On 01/29/2018 a Personal Injury - Motor Vehicle case was filed by ERIC BELLINGER against ENTERPRISE HOLDINGS INC in the jurisdiction of Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2041

  • Filing Date:

    01/29/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LAURA A. SEIGLE

AMY D. HOGUE

DEIRDRE HILL

 

Party Details

Plaintiff and Petitioner

BELLINGER ERIC

Defendants and Respondents

EAN HOLDINGS LLC

DOES 1 TO 20

ENTERPRISE HOLDINGS INC.

HOOPER SHEDENA ZAKIYYAH

ENTERPRISE RENT-A-CAR COMPANY OF (DOE 1)

NATIONAL TOUR INTEGRATED RESOURCES INC

ENTERPRISE RENT-A-CAR COMPANY OF DOE 1

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

STOLL ROBERT J. III ESQ.

Defendant and Respondent Attorneys

STEPHAN PAUL E.

POPOVICH JERRY C. ESQ.

BOYD KURT

PLACE KEVIN L.

 

Court Documents

Motion for Protective Order

8/27/2018: Motion for Protective Order

Exhibit List

9/21/2018: Exhibit List

Exhibit List

9/21/2018: Exhibit List

Exhibit List

9/21/2018: Exhibit List

Demand for Jury Trial

10/16/2018: Demand for Jury Trial

Motion to Quash

12/27/2018: Motion to Quash

Case Management Statement

2/11/2019: Case Management Statement

Opposition

2/20/2019: Opposition

Notice

2/21/2019: Notice

Minute Order

2/27/2019: Minute Order

Notice of Ruling

2/28/2019: Notice of Ruling

Opposition

4/5/2019: Opposition

Reply

5/7/2019: Reply

Association of Attorney

5/13/2019: Association of Attorney

Amendment to Complaint (Fictitious/Incorrect Name)

5/10/2018: Amendment to Complaint (Fictitious/Incorrect Name)

SPECIALLY APPEARING DEFENDANT ENTERPRISE HOLDINGS, INC.'S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT BASED ON LACK OF PERSONAL JURISDICTION

4/10/2018: SPECIALLY APPEARING DEFENDANT ENTERPRISE HOLDINGS, INC.'S NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT BASED ON LACK OF PERSONAL JURISDICTION

CoverSheet

1/29/2018: CoverSheet

Complaint

1/29/2018: Complaint

89 More Documents Available

 

Docket Entries

  • 05/28/2019
  • Substitution of Attorney; Filed by National Tour Integrated Resources, Inc (Defendant)

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  • 05/17/2019
  • Notice of Ruling; Filed by Eric Bellinger (Plaintiff)

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  • 05/15/2019
  • Substitution of Attorney; Filed by Enterprise Rent-A-Car Company of (Doe 1) (Defendant)

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  • 05/14/2019
  • at 08:30 AM in Department B, Deirdre Hill, Presiding; Hearing on Motion to Quash (Defendant's subpoenas for plaintiffs private and privileged High School Records) - Held

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  • 05/14/2019
  • at 08:30 AM in Department B, Deirdre Hill, Presiding; Hearing on Motion to Quash (Subpoena to Brian Rudin, MD) - Held

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  • 05/14/2019
  • at 08:30 AM in Department B, Deirdre Hill, Presiding; Hearing on Motion to Quash (Subpoena to Todd Gravori, M.D.) - Held

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  • 05/14/2019
  • at 08:30 AM in Department B, Deirdre Hill, Presiding; Hearing on Motion to Quash (DEFENDANTS' SUBPOENA FOR PRODUCTION OF PRIVATE AND PRIVILEDGED MEDICAL RECORDS FROM REGAL MEDICAL GROUP) - Held

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  • 05/14/2019
  • at 08:30 AM in Department B, Deirdre Hill, Presiding; Hearing on Motion to Quash (DEFENDANTS' SUBPOENA FOR PLAINTIFF'S PRIVATE AND PRIVILEGED MEDICAL RECORDS FROM TAURA M. OLFUS, D.O.,) - Held

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  • 05/14/2019
  • at 08:30 AM in Department B, Deirdre Hill, Presiding; Case Management Conference (and/or Motion and Trial Setting Conference) - Held - Continued

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  • 05/14/2019
  • at 08:30 AM in Department B, Deirdre Hill, Presiding; Hearing on Motion to Quash (Subpoena to Medical Specialty Managers) - Held

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143 More Docket Entries
  • 04/02/2018
  • Demand for Jury Trial; Filed by EAN Holdings, LLC (Defendant)

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  • 03/22/2018
  • PROOF OF SERVICE OF SUMMONS

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  • 03/22/2018
  • Proof-Service/Summons; Filed by Eric Bellinger (Plaintiff)

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  • 03/02/2018
  • DECLARATION OF PAUL EDMOND STEPHAN PURSUANT TO C.C.P. SECTION 430.41(A)(2)

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  • 03/02/2018
  • Declaration; Filed by Enterprise Holdings, Inc. (Defendant); EAN Holdings, LLC (Defendant)

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  • 02/15/2018
  • Proof of Service of Summons and Complaint Declaration of Attorney S. Edmond El Dabe re OSC Dismissal and Request for 60 Day Continuance

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  • 02/15/2018
  • Proof-Service/Summons; Filed by Eric Bellinger (Plaintiff)

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  • 01/29/2018
  • Summons; Filed by null

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  • 01/29/2018
  • Complaint; Filed by Eric Bellinger (Plaintiff)

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  • 01/29/2018
  • Complaint

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Tentative Rulings

Case Number: BC692041    Hearing Date: January 08, 2020    Dept: B

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. B

ERIC BELLINGER,

Plaintiff,

Case No.:

BC692041

vs.

[Tentative] RULING

ENTERPRISE HOLDINGS, et al.,

Defendants.

Hearing Date: January 8, 2020

Moving Parties: Defendant Enterprise Rent-A-Car of Los Angeles

Responding Party: Plaintiff Eric Bellinger

Motion to Continue Trial and All Related Dates

The court considered the moving, opposition, and reply.

RULING

The motion is GRANTED. The court orders that trial is continued from February 3, 2020, to June 2, 2020, at 8:30 a.m., in Department B. The Final Status Conference is continued from January 28, 2020, to May 19, 2020, at 8:30 a.m., in Department B. Discovery cut-off (including expert witness exchange) and motion cut-off dates shall be based on the new trial date.

BACKGROUND

On January 29, 2018, plaintiff Eric Bellinger filed a complaint against Enterprise Holdings, Inc., EAN Holdings, LLC, and Shedena Zakiyyah Hooper for negligence based on a motor vehicle accident that occurred on October 5, 2017.

On May 10, 2018, plaintiff filed an amendment designating Enterprise Rent-A-Car Company of Los Angeles, LLC as Doe 1.

Trial is set for February 3, 2020.

LEGAL AUTHORITY

Pursuant to CRC Rule 3.1332, “(a) To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain. (b) A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered. (c) Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. . . .”

CRC Rule 3.1332(d) sets forth other factors that are relevant in determining whether to grant a continuance.

DISCUSSION

Defendant Enterprise requests that the court continue the February 3, 2020 trial date for four months, and all related deadlines.

Defendant contends that its specifically-retained trial counsel has a trial scheduled to begin on January 30, 2020 and thus will be unavailable. Further, defendant contends, despite diligent efforts, there remains further fact discovery which needs to be completed, including plaintiff’s deposition, additional subpoenas to treating physicians, and IMEs. As to the IMEs, the examining experts are unavailable prior to the current discovery cut-off. There have been no prior trial continuances.

In opposition, plaintiff argues that defendant has not shown good cause for a continuance because defendant has obtained thousands of pages of plaintiff’s medical records from 73 subpoenas and has taken his deposition. Plaintiff will have undergone an IME with a neurologist and he is willing to sit for a second defense IME with a neurosurgeon. Plaintiff contends that he will be prejudiced if the trial is continued because he needs a resolution as soon as possible so that he can take care of his family.

The court finds that defendant has shown good cause for a trial continuance based, in particular, on the IME scheduled for March 2020. The issue of a trial conflict with defense counsel is moot because defendant substituted in a different attorney.

The motion is GRANTED.

Defendant is ordered to give notice of this ruling.

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. B

ERIC BELLINGER,

Plaintiff,

Case No.:

BC692041

vs.

[Tentative] RULING

ENTERPRISE HOLDINGS, INC., et al.,

Defendants.

Hearing Date: January 8, 2020

Moving Parties: Defendant Enterprise Rent-A-Car of Los Angeles

Responding Party:      Plaintiff Eric Bellinger

Motion for Leave to Obtain Discovery by Multiple Examinations of Plaintiff

RULING

The examination shall not include any diagnostic test or procedure that is protracted, painful, or intrusive.

BACKGROUND

On January 29, 2018, plaintiff Eric Bellinger filed a complaint against Enterprise Holdings, Inc., EAN Holdings, LLC, and Shedena Zakiyyah Hooper for negligence based on a motor vehicle accident that occurred on October 5, 2017.

LEGAL AUTHORITY

“As a general matter, a defendant may obtain a physical or mental examination of the plaintiff, in accordance with those provisions, if the plaintiff has placed his or her physical or mental condition in controversy.”  Carpenter v. Superior Court (2006) 141 Cal. App. 4th 249, 258.

CCP § 2032.020 states:  “(a)  Any party may obtain discovery . . . by means of a physical or mental examination of (1) a party to the action . . . in any action in which the mental or physical condition . . . of that party or other person is in controversy in the action. . . . (c) A mental examination conducted under this chapter shall be performed only by a licensed physician, or by a licensed clinical psychologist who holds a doctoral degree in psychology and has had at least five years of postgraduate experience in the diagnosis of emotional and mental disorders.”

CCP § 2032.310(a) 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 who have appeared in the action.”

CCP § 2032.320 states in part:  “(a) The court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown. . . . (d) An order granting a physical 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.”

CCP § 2032.530 states:  “(a) The examiner and examinee shall have the right to record a mental examination by audio technology.  (b) Nothing in this section shall be construed to alter, amend, or affect existing case law with respect to the presence of the attorney for the examinee or other persons during the examination by agreement or court order.”

DISCUSSION

Defendant requests that the court order that plaintiff submit to (1) a neurological IME on January 2, 2020, with neurologist Dr. Barry Ludwig; (2) a neuropsychological IME on January 9, 2020, with neuropsychologist Adrienne M. Meier, PhD; and (3) a neurosurgical IME on March 11, 2020 with neurosurgeon Dr. Tony Feuerman. 

Defendant is ordered to give notice of this ruling.