This case was last updated from Los Angeles County Superior Courts on 05/15/2020 at 09:30:25 (UTC).

HILDA CARRILLO VS KURT JOHN KEATING

Case Summary

On 01/31/2018 HILDA CARRILLO filed a Personal Injury - Motor Vehicle lawsuit against KURT JOHN KEATING. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JON R. TAKASUGI, HOLLY E. KENDIG and THOMAS D. LONG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2594

  • Filing Date:

    01/31/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JON R. TAKASUGI

HOLLY E. KENDIG

THOMAS D. LONG

 

Party Details

Plaintiff and Petitioner

CARRILLO HILDA

Claimant

ABM INDUSTRIES

Defendants and Respondents

KEATING KURT JOHN

DOES 1 THROUGH 50 INCLUSIVE

CITY OF LONG BEACH

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

PEREZ FRANK

Defendant and Respondent Attorneys

SMITH JEFFREY B. ESQ.

ZINGER THEODORE B.

 

Court Documents

Motion for Order - MOTION FOR ORDER GRANTING LEAVE FOR MENTAL EXAMINATION; DECLARATION OF THEODORE B. ZINGER; AND MEMORANDUM OF POINTS AND AUTHORITY

1/13/2020: Motion for Order - MOTION FOR ORDER GRANTING LEAVE FOR MENTAL EXAMINATION; DECLARATION OF THEODORE B. ZINGER; AND MEMORANDUM OF POINTS AND AUTHORITY

Motion for Order - MOTION FOR ORDER GRANTING LEAVE FOR MENTAL EXAMINATION OF PLAINTIFF; DECLARATION OF THEODORE B. ZINGER AND MEMORANDUM OF POINTS AND AUTHORITY

1/13/2020: Motion for Order - MOTION FOR ORDER GRANTING LEAVE FOR MENTAL EXAMINATION OF PLAINTIFF; DECLARATION OF THEODORE B. ZINGER AND MEMORANDUM OF POINTS AND AUTHORITY

Minute Order - MINUTE ORDER (COURT ORDER RE MOTION TO COMPEL IME;)

2/5/2020: Minute Order - MINUTE ORDER (COURT ORDER RE MOTION TO COMPEL IME;)

Motion in Limine - MOTION IN LIMINE CARRILLO - MIL1 PRECLUDE EVIDENCE RE REPTILE THEORY

3/18/2020: Motion in Limine - MOTION IN LIMINE CARRILLO - MIL1 PRECLUDE EVIDENCE RE REPTILE THEORY

Motion in Limine - MOTION IN LIMINE MOTION IN LIMINE NO 5 TO EXCLUDE EVIDENCE OF MEDICAL EXPENSES NOT ACTUALLY PAID

3/18/2020: Motion in Limine - MOTION IN LIMINE MOTION IN LIMINE NO 5 TO EXCLUDE EVIDENCE OF MEDICAL EXPENSES NOT ACTUALLY PAID

Proof of Service (not Summons and Complaint)

7/30/2019: Proof of Service (not Summons and Complaint)

Notice - NOTICE NOTICE OF SERVICE OF ANSWER TO COMPLAINT FROM THIRD PARTY, DEFENDANT CITY OF LONG BEACH

7/30/2019: Notice - NOTICE NOTICE OF SERVICE OF ANSWER TO COMPLAINT FROM THIRD PARTY, DEFENDANT CITY OF LONG BEACH

Notice - NOTICE NOTICE OF SERVICE OF COMPLAINT FOR DAMAGES

8/6/2019: Notice - NOTICE NOTICE OF SERVICE OF COMPLAINT FOR DAMAGES

Notice of Lien

5/30/2019: Notice of Lien

Order - ORDER [PROPOSED]

5/31/2019: Order - ORDER [PROPOSED]

Notice of Ruling

6/17/2019: Notice of Ruling

Answer

3/22/2019: Answer

Notice - Notice Notice of Association of Counsel

1/30/2019: Notice - Notice Notice of Association of Counsel

Proof of Service by Mail

2/11/2019: Proof of Service by Mail

SUBSTITUTION OF ATTORNEY

9/19/2018: SUBSTITUTION OF ATTORNEY

DEMAND FOR TRIAL BY JURY

4/16/2018: DEMAND FOR TRIAL BY JURY

Proof of Service of Summons and Complaint -

2/13/2018: Proof of Service of Summons and Complaint -

Summons -

1/31/2018: Summons -

32 More Documents Available

 

Docket Entries

  • 05/12/2020
  • DocketRequest for Dismissal; Filed by Hilda Carrillo (Plaintiff)

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  • 04/28/2020
  • Docketat 1:30 PM in Department 31, Thomas D. Long, Presiding; Court Order

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  • 04/28/2020
  • DocketMinute Order ( (COURT ORDER RE TRIAL SETTING CONFERENCE)); Filed by Clerk

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  • 04/28/2020
  • DocketCertificate of Mailing for ((COURT ORDER RE TRIAL SETTING CONFERENCE) of 04/28/2020); Filed by Clerk

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  • 04/10/2020
  • Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 03/26/2020
  • Docketat 10:00 AM in Department 31, Thomas D. Long, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 03/23/2020
  • Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Court Order

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  • 03/23/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 03/23/2020
  • DocketCertificate of Mailing for ((Court Order) of 03/23/2020); Filed by Clerk

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  • 03/18/2020
  • DocketMotion in Limine (Motion In Limine No 12 To Preclude Evidence Of Defendants Negligence); Filed by Kurt John Keating (Defendant)

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38 More Docket Entries
  • 04/16/2018
  • DocketDEMAND FOR TRIAL BY JURY

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  • 04/16/2018
  • DocketAnswer; Filed by Kurt John Keating (Defendant)

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  • 04/16/2018
  • DocketDemand for Jury Trial; Filed by Kurt John Keating (Defendant)

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  • 02/13/2018
  • DocketProof-Service/Summons; Filed by Hilda Carrillo (Plaintiff)

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  • 02/13/2018
  • DocketProof-Service/Summons; Filed by Hilda Carrillo (Plaintiff)

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  • 02/13/2018
  • DocketProof of Service of Summons and Complaint

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  • 01/31/2018
  • DocketComplaint

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  • 01/31/2018
  • DocketComplaint; Filed by Hilda Carrillo (Plaintiff)

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  • 01/31/2018
  • DocketSummons; Filed by Hilda Carrillo (Plaintiff)

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  • 01/31/2018
  • DocketCivil Case Cover Sheet

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Tentative Rulings

Case Number: BC692594    Hearing Date: February 05, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

HILDA CARRILLO,

Plaintiff(s),

vs.

KURT JOHN KEATING, ET AL.,

Defendant(s).

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Case No.: BC692593

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL IME

Dept. 31

1:30 p.m.

February 5, 2020

1. Background Facts

Plaintiff, Hilda Carrillo filed this action against Defendants, Kurt John Keating and the City of Long Beach for damages arising out of an automobile v. pedestrian accident.

At this time, Defendants move to compel a mental examination.

2. Motion to Compel Mental Examination

a. Initial Note

Any opposition to this motion was due on or before 1/23/20. The Court has not received opposition to the motion.

 

b. Law Governing Motions to Compel Mental Health Examinations

Except for defense physicals in personal injury cases (in which one examination is permitted as a matter of course) and exams arranged by stipulation, a court order is required for a physical or mental examination. Such order may be made only after notice and hearing, and for “good cause shown.” (CCP §2032.320(a).)

The examination will be limited to whatever condition is “in controversy” in the action. (CCP §2032.020(a).) This means the examination must be directly related to the specific injury or condition that is the subject of the litigation. Roberts v. Superior Court (1973) 9 Cal.3d 330, 337. Often, a party's pleadings put his or her mental or physical condition in controversy ... as when a plaintiff claims continuing mental or physical injury resulting from defendant's acts: “A party who chooses to allege that he has mental and emotional difficulties can hardly deny his mental state is in controversy.” See Vinson v. Superior Court (1987) 43 Cal.3d 833, 837, wherein the plaintiff claimed ongoing emotional distress from sexual harassment by former employer. Discovery responses can also frame the issues regarding the injuries and damages alleged.

c. Analysis

Defendants move to compel Plaintiff to sit for a mental examination. Defendants’ showing of good cause for the examination is minimal, but Defendants do show Plaintiff is claiming debilitating mental and emotional distress as a result of the accident. In light of the lack of opposition, the motion to compel Plaintiff to attend an IME with Drs. Ari Kalechstein and Thomas Garrick is granted. The examination shall take place at 11835 W. Olympic Blvd., Suite 1265E, LA, CA 90064. Counsel must meet and confer to determine the date and time for the examination; if Plaintiff does not meaningfully participate in the meet and confer process, Defendants may unilaterally set the date and time for the examination with at least ten days’ notice to Plaintiff (extended per Code if by other than personal service). The scope of the examination is as set forth in the Notice of Motion.

Defendants are ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@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.