****0741
02/15/2017
Pending - Other Pending
Personal Injury - Other Personal Injury
Los Angeles, California
JON R. TAKASUGI
JIMENEZ MYNOR DAVID
DOE BUS DRIVER
LOS ANGELES COUNTY METROPLOLITAN
DOES 1 TO 100
ROSEMARY WITHERS DOE1
GHERMEZIAN RAYMOND ESQ.
WAINFELD GABRIEL H. ESQ.
6/14/2018: [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY
9/7/2018: SUBSTITUTION OF ATTORNEY
9/12/2018: NOTICE TO APPEAR AT TRIAL IN LIEU OF SUBPOENA
9/12/2018: NOTICE TO PRODUCE AND LODGE AT TIME OF TRIAL
11/21/2018: Opposition
11/21/2018: Ex Parte Application
11/21/2018: Order
11/21/2018: Minute Order
2/21/2019: Motion to Compel
2/27/2019: Opposition
2/28/2019: Minute Order
2/28/2019: Ex Parte Application
3/7/2019: Opposition
3/20/2019: Minute Order
3/20/2019: Notice
3/20/2019: Order
4/5/2019: Opposition
4/5/2019: Brief
Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Trial Setting Conference (and Hearing on Motion to Compel Defense Medical Examination of Plaintiff (While in Federal Custody)) - Held - Continued
[-] Read LessDocketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Not Held - Vacated by Court
[-] Read LessDocketMinute Order ( (Trial Setting Conference and Hearing on Motion to Compel Defe...)); Filed by Clerk
[-] Read LessDocketat 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Vacated by Court
[-] Read LessDocketNotice (of Continuance of Hearing/Trial Setting Conference); Filed by Los Angeles County Metroplolitan (Defendant)
[-] Read LessDocketat 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel (Defense Medical Examination of Plaintiff) - Held - Continued
[-] Read LessDocketMinute Order ( (Hearing on Motion to Compel Defense Medical Examination of Pl...)); Filed by Clerk
[-] Read LessDocketNotice of Ruling; Filed by Los Angeles County Metroplolitan (Defendant)
[-] Read LessDocketat 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel (Defense Medical Examination of Plaintiff) - Held - Continued
[-] Read LessDocketOrder (By the Court requiring Attorneys to Personally Appear at Hearing Prepared to Address Specified Issues); Filed by Clerk
[-] Read LessDocketNotice; Filed by Los Angeles County Metroplolitan (Defendant)
[-] Read LessDocketMotion to Strike; Filed by Los Angeles County Metroplolitan (Defendant)
[-] Read LessDocketDemurrer; Filed by Los Angeles County Metroplolitan (Defendant)
[-] Read LessDocketMETRO'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF S COMPLAINT; ETC.
[-] Read LessDocketPROOF OF SERVICE SUMMONS
[-] Read LessDocketProof-Service/Summons; Filed by Mynor David Jimenez (Plaintiff)
[-] Read LessDocketComplaint; Filed by Mynor David Jimenez (Plaintiff)
[-] Read LessDocketORDER ON COURT FEE WAIVER
[-] Read LessDocketSUMMONS
[-] Read LessDocketCOMPLAINT FOR DAMAGES AND PERSONAL INJURIES BASED ON 1. NEGLIGENCE ;ETC
[-] Read LessCase Number: ****0741 Hearing Date: November 15, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
| MYNOR DAVID JIMENEZ, Plaintiff(s), vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, ET AL., Defendant(s). | ) ) ) ) ) ) ) ) ) ) ) ) | CASE NO: ****0741 [TENTATIVE] ORDER DENYING MOTION TO COMPEL IME WITHOUT PREJUDICE Dept. 3 1:30 p.m. November 15, 2019 |
Defendant has noticed Plaintiff’s IME on several occasions, and Plaintiff has not appeared. Defendant moves to compel Plaintiff to attend an IME. The hearing on this motion has been continued multiple times due to the fact that Plaintiff has been in ICE custody. Plaintiff has now been deported to Guatemala, and the parties have briefed the issue of compelling the IME.
Pursuant to CCP ;2032.320(e):
(e) If the place of the examination is more than 75 miles from the residence of the person to be examined, an order to submit to it shall be entered only if both of the following conditions are satisfied:
(1) The court determines that there is good cause for the travel involved.
(2) The order is conditioned on the advancement by the moving party of the reasonable expenses and costs to the examinee for travel to the place of examination.
Defendant has not shown either of the foregoing. Indeed, the Court is concerned that travel to the United States may not be possible under the circumstances. The Court notes that Plaintiff indicates a willingness and ability to travel to Mexico to have his IME conducted there. The Court asks the parties to meet and confer in an attempt to arrange an IME in this manner (or any other manner agreeable to the parties).
The motion is denied. The ruling is without prejudice. If Defendant renews the motion, Defendant must make the required showing per ;2032.320(e) in connection with compelling an IME more than 75 miles from a party’s residence.
Defendant is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the court at sscdept3@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.
Case Number: ****0741 Hearing Date: November 18, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
| MYNOR DAVID JIMENEZ, Plaintiff(s), vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, ET AL., Defendant(s). | ) ) ) ) ) ) ) ) ) ) ) ) | CASE NO: ****0741 [TENTATIVE] ORDER GRANTING MOTION TO COMPEL AND MOTION TO DEEM RFAS ADMITTED Dept. 3 1:30 p.m. November 18, 2019 |
Defendant propounded form interrogatories, set two and RFAs, set one on Plaintiff on 9/11/19. To date, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding interrogatories, deeming the RFAs admitted, and imposing sanctions.
Defendant’s motion to compel is granted. Plaintiff is ordered to serve verified responses to form interrogatories, set two, without objections, within ten days. CCP ;;2030.290(a),(b).
Defendant’s motion to deem RFAs, set one admitted is also granted. CCP ;2033.280(b).
Sanctions are mandatory. ;;2030.290(c), 2033.280(c). Defendant seeks sanctions in the amounts of $720 (RFAs) and $180 (interrogatories). The amounts are reasonable and fully supported by Defense Counsel’s declaration. The request for sanctions is granted in full.
Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $900, within twenty days.
Defendant is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the court at sscdept3@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.