This case was last updated from Los Angeles County Superior Courts on 06/10/2019 at 00:15:34 (UTC).

GABRIELA CARO VS JAMAR WEATHERSBY ET AL

Case Summary

On 01/13/2017 GABRIELA CARO filed a Personal Injury - Motor Vehicle lawsuit against JAMAR WEATHERSBY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6745

  • Filing Date:

    01/13/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff and Petitioner

CARO GABRIELA

Defendants and Respondents

CCO SOCAL VEHICLES LLC

CHARTER COMMUNICATIONS INC

WEATHERSBY JAMAR

DOES 1-50

CHARTER COMMUNICATIONS(CCI) INC

CHARTER COMMUNICATIONSCCI INC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

WILSHIRE LAW FIRM PLC

SAADIAN BABAK BOBBY ESQ.

MILLER DANIEL B. ESQ.

Defendant Attorney

DELIS JOHN ALLEN ESQ.

 

Court Documents

Unknown

12/18/2018: Unknown

Order

12/28/2018: Order

Ex Parte Application

12/28/2018: Ex Parte Application

Minute Order

12/28/2018: Minute Order

Opposition

4/10/2019: Opposition

Ex Parte Application

4/15/2019: Ex Parte Application

Minute Order

4/15/2019: Minute Order

Notice of Ruling

4/16/2019: Notice of Ruling

Opposition

4/16/2019: Opposition

Ex Parte Application

4/16/2019: Ex Parte Application

Minute Order

4/16/2019: Minute Order

Motion for Leave

5/20/2019: Motion for Leave

Request for Judicial Notice

5/20/2019: Request for Judicial Notice

1 More Documents Available

 

Docket Entries

  • 05/20/2019
  • Motion for Leave (to obtain Physical Examination); Filed by Jamar Weathersby (Defendant); Charter Communications(CCI), Inc (Defendant)

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  • 05/20/2019
  • Separate Statement; Filed by Jamar Weathersby (Defendant); Charter Communications(CCI), Inc (Defendant)

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  • 05/17/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 05/07/2019
  • at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 04/16/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Hearing on Ex Parte Application (for 1) Issue and Evidentiary Sanctions, 2) Monetary Sanctions, 3) Leave to Obtain Second Physical Examination of Plaintiff or in the Alternative, 4) An Order Shortening Time and To Continue Trial;) - Held

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  • 04/16/2019
  • Opposition (Opposition to Ex Parte Application Filed by Defendants); Filed by Gabriela Caro (Plaintiff)

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  • 04/16/2019
  • Ex Parte Application (for Issue and Evidentiary Sanctions, Monetary Sanctions, Leave to Obtain Second Physical Examination of Plaintiff or in the alternative, an order shortening time and to Continue Trial); Filed by Jamar Weathersby (Defendant); Charter Communications(CCI), Inc (Defendant)

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  • 04/16/2019
  • Notice of Ruling; Filed by Jamar Weathersby (Defendant); Charter Communications(CCI), Inc (Defendant)

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  • 04/16/2019
  • Minute Order ( (Hearing on Plaintiff's Ex Parte Application for: 1) Issue a...)); Filed by Clerk

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  • 04/15/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Hearing on Ex Parte Application (for1) Issue and Evidentiary Sanctions, 2) Monetary Sanctions, 3) Leave to Obtain Second Physical Examination Of Plaintiff or in the Alternative, 4) An Order Shortening Time and to Continue Trial;) - Not Held - Vacated by Court

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30 More Docket Entries
  • 02/17/2017
  • Proof-Service/Summons; Filed by Gabriela Caro (Plaintiff)

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  • 02/16/2017
  • Proof of Service (not Summons and Complaint); Filed by Gabriela Caro (Plaintiff)

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  • 02/16/2017
  • PROOF OF SERVICE SUMMONS & COMPLAINT

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  • 02/07/2017
  • PROOF OF SERVICE SUMMONS & COMPLAINT

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  • 02/07/2017
  • Proof-Service/Summons; Filed by Gabriela Caro (Plaintiff)

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  • 02/06/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 02/06/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 01/13/2017
  • COMPLAINT FOR DAMAGES: 1. NEGLIGENCE ;ETC

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  • 01/13/2017
  • SUMMONS

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  • 01/13/2017
  • Complaint; Filed by Gabriela Caro (Plaintiff)

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Tentative Rulings

Case Number: BC646745    Hearing Date: March 22, 2021    Dept: J

HEARING DATE: Monday, March 22, 2021

NOTICE: OK

RE: Caro v. Weathersby, et al. (BC646745)

______________________________________________________________________________

 

Defendants Jamar Weathersby’s Charter Communications, Inc. dba Charter

Communications (CCI), Inc., individually and on behalf of CCO Social Vehicles, LLC’s

MOTION TO COMPEL SECOND DEPOSITION AND EXPERT EXAMINATIONS OF

PLAINTIFF

Responding Party: Plaintiff, Gabriela Caro

Tentative Ruling

Defendants Jamar Weathersby’s Charter Communications, Inc. dba Charter

Communications (CCI), Inc., individually and on behalf of CCO Social Vehicles, LLC’s

Motion to Compel Second Deposition and Expert Examinations of Plaintiff is DENIED

without prejudice in part (i.e., as to expert examinations) and otherwise denied (i.e., as to

second deposition). Defendants’ counsel is ordered to pay an additional $120.00 in filing

fees at or before the time of the hearing.

Background

Plaintiff Gabriela Caro (“Plaintiff”) alleges that she sustained injuries in a November 16, 2015 rear-end vehicle collision.

On January 13, 2017, Plaintiff filed a complaint, asserting causes of action against Defendants Jamar Weathersby, Charter Communications, Inc. dba Charter Communications (CCI), Inc., CCO Social Vehicles, LLC and Does 1-50 for:

  1. Negligence
  2. Negligence Per Se

On August 13, 2019, this action was transferred from Department 2 of the Personal Injury Court to this department.

The Final Status Conference is set for June 7, 2021. Trial is set for June 15, 2021.

Legal Standard

Deposition

“Once a party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who has ben served with a deposition notice . . . may take a subsequent deposition of that deponent.” (Code Civ. Proc., §2025.610, subd. (a).) “Notwithstanding subdivision (a), for good cause shown, the court may grant leave to take a subsequent deposition . . .” (Code Civ. Proc., §2025.610, subd. (b).)

Medical Examination

“In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff . . .” (Code Civ. Proc., § 2032.220, subd. (a).) “A defendant may make a demand under this article without leave of court after that defendant has been served or has appeared in the action, whichever occurs first.” (Code Civ. Proc., § 2032.220, subd. (b).)

If a defendant wishes to obtain a further physical examination or any mental examination, the defendant must secure either a stipulation from plaintiff or obtain leave of court. (Code Civ. Proc., § 2032.310, subd. (a).) “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.” (Code Civ. Proc., § 2032.310, subd. (b).)

“The court shall grant a motion for a physical or mental examination under Section 2032.210 only for good cause shown.” (Code Civ. Proc., § 2032.320, subd. (a).) “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.” (Code Civ. Proc., § 2032.320, subd. (d).)

Discussion

Defendants Jamar Weathersby’s Charter Communications, Inc. dba Charter

Communications (CCI), Inc., individually and on behalf of CCO Social Vehicles, LLC

(“Defendants”) move the court for orders to compel (1) Plaintiff’s second deposition; (2)

Plaintiff’s attendance at a second examination by Defendants’ orthopedic expert, Dr. Gary L.

Painter (“Painter”) and (3) Plaintiff’s attendance at a second examination by Defendants’ pain

management expert, Dr. Richard M. Paicius (“Pacius”).

 

Filing Fees

The notes that Defendants’ motion is essentially three separate motions improperly combined into one. Defendants have only paid one filing fee. This is improper. Defendants’ counsel is ordered to pay an additional $120.00 in filing fees at or before the time of the hearing (i.e., $60.00 filing fee/motion). Defendants’ counsel is admonished to adhere to court filing guidelines in any future filings and to reserve, file and pay for separate motions in the future. Failing to adhere to these guidelines may result in the court taking the motion off calendar.

The motion is summarily denied without prejudice as to the request for second medical

examinations, for Code of Civil Procedure § 2032.320, subdivision (b) non-compliance

[diagnostic tests and procedures not identified]. (See Carpenter v. Superior Court (2006) 141

Cal.App.4th 249, 260.)

The motion is otherwise denied. Defendants have not shown good cause for deposing Plaintiff a second time. Defendants argue that Plaintiff’s damages “have expanded and changed over time;” however, Defendants have failed to provide the court with any facts supporting this assertion. It is unclear to the court, moreover, how Defendants would be precluded from obtaining any information sought via written discovery.

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