On 04/11/2018 JAMES HOVORKA filed a Personal Injury - Motor Vehicle lawsuit against NYRIE SALRI DIKIJIAN. 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, DANIEL M. CROWLEY and STEPHEN M. MOLONEY. 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
STEPHEN M. MOLONEY
DOES 1 TO 25
DIKIJIAN NYRIE SALRI
KRUGER JACKIE ROSE
MACDONALD SCOTT L
LEOS RORY DANIEL
MACDONALD SCOTT LEE
8/4/2020: Notice of Ruling
7/2/2020: Notice of Ruling
7/6/2020: Notice - NOTICE NOTICE OF HEARING REGARDING DEFENDANTS MOTION TO COMPEL PLAINTIFF JAMES HOVORKAS INDEPENDENT MEDICAL EXAMINATION
7/1/2020: Minute Order - MINUTE ORDER (DEFENDANTS' EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIA...)
1/16/2020: Minute Order - Minute Order (Plaintiff's Motion to Compel Responses to Plaintiff's Form In...)
1/24/2020: Notice of Ruling
1/29/2020: Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)
1/14/2020: Notice of Ruling
1/15/2020: Minute Order - MINUTE ORDER (DEFENDANT NYRIE SALRI KIKIJIAN AND KHALAG KIKIKIAN'S MOTION F...)
1/8/2020: Reply - REPLY DEF DECLARATION AND REPLY TO PLTF OPPO RE MTC SPROGS & RFP SET 2
1/2/2020: Opposition - OPPOSITION TO DEFENDANTS' MOTION TO COMPEL TO SET TWO OF REQUEST FOR PRODUCTION OF DOCUMENTS
1/2/2020: Reply - REPLY TO DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL REQUEST FOR ADMISSIONS
12/10/2019: Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO COMPEL DEPOSITION
12/11/2019: Motion to Compel - MOTION TO COMPEL DEFENDANTS NYRIE SALRI DIKIJIAN AND KHALAG DIKIKIAN'S NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF JAMES HOVORKA'S RESPONSES TO REQUEST FOR PRODUCTION
12/12/2019: Notice - NOTICE OF ERRATA RE: EX-PARTE APPLICATION FOR AN ORDER TO CONTINUE DEPOSITION OF JAMES HOVORKA
10/31/2019: Notice of Rejection Default/Clerk's Judgment
7/2/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO
10/23/2018: Order - Order Re: Demurrer & Motion to Strike to Complaint
Hearing04/12/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: DismissalRead MoreRead Less
Hearing02/24/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Jury TrialRead MoreRead Less
Hearing02/10/2021 at 10:00 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Final Status ConferenceRead MoreRead Less
Hearing11/09/2020 at 13:30 PM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Quash Deposition SubpoenaRead 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 - Advanced and Continued - by CourtRead MoreRead Less
DocketNotice of Ruling; Filed by Nyrie Salri Dikijian (Defendant); Khajag Dikijian (Defendant)Read MoreRead Less
Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Compel (Independent Medical Examination of Plaintiff; Sanctions) - Held - Motion GrantedRead MoreRead Less
DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore (Wil S. Wilcox, CSR #9178); Filed by Nyrie Salri Dikijian (Defendant); Khajag Dikijian (Defendant)Read MoreRead Less
DocketMinute Order ( (Motion of Defendants Salri Dikijian and Khlag Dikijian to Com...)); Filed by ClerkRead MoreRead Less
DocketOpposition (to defendants' demurrer and motion to strike); Filed by James Hovorka (Plaintiff)Read MoreRead Less
DocketDemurrer; Filed by Nyrie Salri Dikijian (Defendant); Khajag Dikijian (Defendant)Read MoreRead Less
DocketDEFENDANTS NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFFS THIRD CAUSE OF ACTION EXEMPLARY DAMAGES ATTACHMENT;AND ETC.Read MoreRead Less
DocketMotion to Strike; Filed by Nyrie Salri Dikijian (Defendant); Khajag Dikijian (Defendant)Read MoreRead Less
DocketDEFENDANTS NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS COMPLAINTRead MoreRead Less
DocketFirst Amended Complaint; Filed by James Hovorka (Plaintiff)Read MoreRead Less
DocketDefendant's Claim and Order to Go to Small Claims Court (Small Claims) (First)Read MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketComplaint; Filed by James Hovorka (Plaintiff)Read MoreRead Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
Case Number: BC701492 Hearing Date: August 03, 2020 Dept: 28
Motion to Compel Attendance at a Physical Examination
Having considered the moving, opposing, and reply papers, the Court rules as follows.
On April 11, 2018, Plaintiff James Hovorka (“Plaintiff”) filed a complaint against Defendants Nyrie Salri Dikijian and Khajag Dikijian (“Defendants”). Plaintiff alleges motor vehicle and general negligence for an automobile-pedestrian collision that occurred on May 5, 2016.
On October 23, 2018, the Court struck punitive damages from the complaint.
On June 9, 2020, Defendants filed a motion to compel Plaintiff’s attendance at a physical examination pursuant to California Code of Civil Procedure section 2032.250.
On June 10, 2020, the Court scheduled the hearing on the motion to compel Plaintiff’s attendance at a physical examination for August 3, 2020.
Trial is set for February 24, 2021.
Defendants ask the Court to compel Plaintiff to appear for a physical examination due to Plaintiff’s failure to submit to a physical examination.
Defendants also ask the Court to impose $1,796.50 in monetary sanctions against Plaintiff and his counsel of record for having to bring this motion.
A defendant may demand one physical examination of a plaintiff seeking recovery for personal injuries when: (1) the examination does not include any procedure or diagnostic test that is painful, protracted, or intrusive, and (2) the examination is conducted within 75 miles of the examinee’s residence. , § 2032.220, subd. (a).)
Where a plaintiff fails to serve a timely response to a demand for a physical examination, the plaintiff waives any objection to the demand and a defendant may move for an order compelling a response. (Code Civ. Proc., § 2032.240, subd. (a)-(b).)
A defendant may compel a plaintiff to comply with a physical examination demand when the plaintiff’s refusal to submit to the physical examination is unwarranted. (Code Civ. Proc., § 2032.250, subd. (a).)
Monetary sanctions are mandatory against a party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand for a physical examination without substantial justification or under circumstances that makes sanctions unjust. (Code Civ. Proc., § 2032.250, subd. (b).)
On March 20, 2020, Defendants served a demand for a physical examination on Plaintiff for June 8, 2020 at. by U.S. mail and facsimile. (Leos Decl., ¶ 5, Exh. A.) ¶ 7.) On June 3, 2020, Plaintiff demanded the examination be conducted through telemedicine. (Leos Decl., ¶ 8.)
The Court finds Plaintiff’s attendance at a physical examination is properly compelled. Plaintiff’s concerns regarding COVID-19 are legitimate. In light of this pandemic, any and all physical examinations that can be conducted through telemedicine should. However, Defendants are not mandated to relinquish their right to an in-person physical examination. The Court can issue a protective order to ensure precautions are taken in order to limit Plaintiff’s exposure to COVID-19.
Plaintiff’s refusal to attend an in-person physical examination because it was not conducted remotely is not a substantial justification. The Court finds sanctions are properly imposed.
Defendants’ request for $1,796.50 in monetary sanctions is unreasonable. This motion is straight-forward. Rather, the Court finds $400 is a reasonable amount of sanctions for Plaintiff’s and Plaintiff’s counsel’s discovery abuse.
Therefore, the motion is GRANTED.
Plaintiff is ordered to appear for a physical examination according to the terms in the notice served on Plaintiff on March 20, 2020 to be conducted by Michael Weinstein, M.D. at California Orthopaedic Specialists, 360 San Miguel, Suite 701, Newport Beach, California 92660 within 30 days of this ruling or on a date and time and at a place agreeable between the parties.
Defendants are ordered to ensure the place of examination is clean and sanitized. Dr. Weinstein is ordered to keep as far from Plaintiff as possible while still being able to conduct the examination. Dr. Weinstein is ordered to wear gloves and a face mask.
Plaintiff and Plaintiff’s counsel of record are ordered to pay Defendants $400 within 20 days of this ruling, jointly and severally.
Defendants are ordered to give notice of this ruling.
The parties are directed to the header of this tentative ruling for further instructions.
Case Number: BC701492 Hearing Date: January 16, 2020 Dept: 28
The court's tentative is to deny the motion absent a showing by plaintiff that the motion was brought within a defense-granted an extension of time within which to do so.