This case was last updated from Los Angeles County Superior Courts on 04/13/2020 at 01:12:14 (UTC).

NATHANIEL CARTER JR VS DIANA JOAQUIN

Case Summary

On 07/17/2017 NATHANIEL CARTER JR filed a Personal Injury - Motor Vehicle lawsuit against DIANA JOAQUIN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ELAINE LU and STEPHEN I. GOORVITCH. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8656

  • Filing Date:

    07/17/2017

  • 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

ELAINE LU

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

CARTER NATHANIEL JR.

Defendants and Respondents

JOAQUIN DIANA

DOES 1 TO 25

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

AGHAEIAN ANI ESQ.

AGHAEIAN ANI

Defendant and Respondent Attorneys

TICAS VANESSA

TICAS VANESSA H

 

Court Documents

Request for Dismissal

4/8/2020: Request for Dismissal

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER: ORDER DISCLOSING EX PARTE COMMUNICATION)]

1/9/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER: ORDER DISCLOSING EX PARTE COMMUNICATION)]

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY"))

12/19/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY"))

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY")) OF 12/19/2019

12/19/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY")) OF 12/19/2019

Motion to Continue Trial Date

10/25/2019: Motion to Continue Trial Date

Motion for Order - MOTION FOR ORDER COMPELLING PLAINTIFF'S VERIFIED RESPONSES TO SPECIAL INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS

11/7/2019: Motion for Order - MOTION FOR ORDER COMPELLING PLAINTIFF'S VERIFIED RESPONSES TO SPECIAL INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS

Motion for Order - MOTION FOR ORDER NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF TO SUBMIT TO A PHYSICAL EXAMINATION AND FOR AN ORDER IMPOSING MONETARY SANCTIONS

11/18/2019: Motion for Order - MOTION FOR ORDER NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF TO SUBMIT TO A PHYSICAL EXAMINATION AND FOR AN ORDER IMPOSING MONETARY SANCTIONS

Minute Order - MINUTE ORDER (COURT ORDER RE: FINAL STATUS CONFERENCE)

11/20/2019: Minute Order - MINUTE ORDER (COURT ORDER RE: FINAL STATUS CONFERENCE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: FINAL STATUS CONFERENCE) OF 11/20/2019

11/20/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: FINAL STATUS CONFERENCE) OF 11/20/2019

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER: DEFENDANTS MOTION TO CONTINUE TRIAL) OF 11/21/2019

11/21/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER: DEFENDANTS MOTION TO CONTINUE TRIAL) OF 11/21/2019

Minute Order - MINUTE ORDER (COURT ORDER: DEFENDANTS MOTION TO CONTINUE TRIAL)

11/21/2019: Minute Order - MINUTE ORDER (COURT ORDER: DEFENDANTS MOTION TO CONTINUE TRIAL)

Notice - NOTICE NOTICE OF CHANGE OF EMAIL ADDRESS

8/21/2019: Notice - NOTICE NOTICE OF CHANGE OF EMAIL ADDRESS

Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL

3/19/2019: Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL

NOTICE OF THAT DEFENDANTS MOTIONS FOR ORDER:1 COMPELLING RESPONSES TO INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTONS;AND ETC.

10/1/2018: NOTICE OF THAT DEFENDANTS MOTIONS FOR ORDER:1 COMPELLING RESPONSES TO INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTONS;AND ETC.

NOTICE OF MOTION FOR ORDER COMPELLING RESPONSES TO NTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF VANESSA TICAS

9/11/2018: NOTICE OF MOTION FOR ORDER COMPELLING RESPONSES TO NTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF VANESSA TICAS

ANSWER TO COMPLAINT ON BEHALF OF DEFENDANT DIANA JOAQUIN; DEMAND FOR TRIAL BY JURY

6/8/2018: ANSWER TO COMPLAINT ON BEHALF OF DEFENDANT DIANA JOAQUIN; DEMAND FOR TRIAL BY JURY

CIVIL DEPOSIT -

7/12/2018: CIVIL DEPOSIT -

SUMMONS -

7/17/2017: SUMMONS -

18 More Documents Available

 

Docket Entries

  • 04/08/2020
  • DocketRequest for Dismissal; Filed by Nathaniel, Jr. Carter (Plaintiff)

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  • 03/27/2020
  • Docketat 10:00 AM in Department 32, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 03/27/2020
  • Docketat 10:00 AM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion to Continue Trial - Not Held - Advanced and Vacated

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  • 03/04/2020
  • Docketat 1:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion - Other (Clarification of Court's December 19, 2019 Minute Order)

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  • 02/27/2020
  • Docketat 1:49 PM in Department 32, Stephen I. Goorvitch, Presiding; Court Order

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  • 02/27/2020
  • DocketCertificate of Mailing for ((Court Order re: notice of settlement) of 02/27/2020); Filed by Clerk

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  • 02/27/2020
  • DocketMinute Order ( (Court Order re: notice of settlement)); Filed by Clerk

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  • 02/27/2020
  • DocketNotice of Settlement; Filed by Nathaniel, Jr. Carter (Plaintiff)

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  • 01/09/2020
  • Docketat 08:30 AM in Department 5; Court Order

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  • 01/09/2020
  • DocketCertificate of Mailing for ([Minute Order (Court Order: ORDER DISCLOSING EX PARTE COMMUNICATION)]); Filed by Clerk

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45 More Docket Entries
  • 09/11/2018
  • DocketNOTICE OF MOTION FOR ORDER COMPELLING RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF VANESSA TICAS

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  • 09/11/2018
  • DocketMotion to Compel; Filed by Diana Joaquin (Defendant)

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  • 07/12/2018
  • DocketCIVIL DEPOSIT

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  • 07/12/2018
  • DocketReceipt; Filed by Diana Joaquin (Defendant)

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  • 07/12/2018
  • DocketReceipt; Filed by Diana Joaquin (Defendant)

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  • 06/08/2018
  • DocketAnswer; Filed by Diana Joaquin (Defendant)

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  • 06/08/2018
  • DocketANSWER TO COMPLAINT ON BEHALF OF DEFENDANT DIANA JOAQUIN; DEMAND FOR TRIAL BY JURY

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  • 07/17/2017
  • DocketComplaint; Filed by Nathaniel, Jr. Carter (Plaintiff)

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  • 07/17/2017
  • DocketSUMMONS

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  • 07/17/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC668656    Hearing Date: December 19, 2019    Dept: 5

 

Superior Court of California

County of Los Angeles

Department 5

NATHANIEL CARTER, JR.,

Plaintiff,

v.

DIANA JOAQUIN, et al.,

Defendants.

Case No.: BC668656

Hearing Date: December 19, 2019

[TENTATIVE] order RE:

MOTION TO COMPEL PLAINTIFF TO SUBMIT TO A PHYSICAL EXAMINATION

Background

On July 17, 2017, Plaintiff Nathaniel Carter, Jr. (“Plaintiff”) filed a complaint against Defendant Diana Joaquin (“Defendant”) following a motor vehicle collision. Now, Defendant moves to compel Plaintiff to submit to a physical examination. Plaintiff does not oppose the motion, which is granted.

LEGAL STANDARD

Code of Civil Procedure section 2032.250 states:

(a) If a defendant who has demanded a physical examination under this article, on receipt of the plaintiff’s response to that demand, deems that any modification of the demand, or any refusal to submit to the physical examination is unwarranted, that defendant may move for an order compelling compliance with the demand. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.

(b) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand for a physical examination, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

Section 2023.030(a) provides that “the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose” monetary sanctions against anyone engaging in a misuse of the discovery process. Failing to submit to an authorized method of discovery qualifies as a misuse of the discovery process. (Code Civ. Proc. § 2023.010(d).)

DISCUSSION

Defendant seeks to compel Plaintiff to submit to a physical examination by Jeffrey Korchek, M.D. (“Dr. Korchek”) on January 7, 2020. On November 25, 2019, the parties stipulated that the examination by Dr. Korchek shall occur on January 7, 2020, at 10:30 a.m. The Court granted the stipulation and ordered the examination shall occur on the date and time agreed to by the parties absent a further stipulation from the parties. Therefore, this motion is moot.

Defendant requests an award of sanctions against Plaintiff and his attorneys of record, Aghaeian Law, P.C., in the amount of $1,351.06. Sanctions are warranted in light of Plaintiff’s failure to appear for two scheduled examinations and Plaintiff’s initial refusal to stipulate to the January 7, 2020 physical examination with Dr. Korchek. (Declaration of Ticas ¶¶7-18; Exhibits E-J.) (See C.C.P. §§2023.010, 2023.030(a), and 2032.250(b).) Plaintiff did not stipulate to the January 7, 2020 physical examination until after Defendant filed the instant motion. The Court finds that Plaintiff’s conduct is an abuse of the discovery process warranting sanctions, and that this motion was necessary, as it facilitated Plaintiff’s stipulation. Therefore, the Court orders sanctions in the amount of $1,149.15 as follows: (1) $350 for the no-show fee for the first examination, (2) $450 for the no-show fee for the second examination, (3) $287.50 based upon two hours of attorney time at $143.75 per hour, and (4) a filing fee of $61.65.

Conclusion and order

Defendant’s motion to compel Plaintiff to submit to a physical examination with Dr. Korchek is denied as moot. Plaintiff and his counsel, Aghaeian Law, P.C., shall pay sanctions, jointly and severally, in the amount of $1,149.15, payable within thirty (30) days of notice. Defendant shall provide notice and file proof of such with the Court.

DATED: December 19, 2019 ___________________________

Hon. Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC668656    Hearing Date: November 25, 2019    Dept: 5

 

Superior Court of California

County of Los Angeles

Department 5

nathaniel carter, jr.,

Plaintiff,

v.

diana joaquin,

Defendant.

Case No.: BC668656

Hearing Date: November 25, 2019

[TENTATIVE] order RE:

Defendant’s MOTION TO CONTINUE TRIAL

Plaintiff Nathaniel Carter, Jr. (“Plaintiff”) filed this action against Defendant Diana Joaquin (“Defendant”) following a motor vehicle collision. Defendant moves to continue the trial date, currently set for December 6, to April 14, 2020. Plaintiff has stipulated to the continuance. 

Nevertheless, the Court is concerned about the procedural history of this case, as well as Defendant’s pending motion to compel a physical medical examination and Defendant’s motion to compel Plaintiff’s verified responses to special interrogatories. The Court is unclear why motions are necessary for a required medical examination and required discovery responses.

Therefore, the Court orders the parties to appear on November 25, 2019, at 1:30 p.m. The Court finds that this matter is not suitable for court call because the parties must appear at the Final Status Conference in-person, which also is set for November 25, 2019, at 1:30 p.m. The Court intends to issue an Order to Show Cause re: Monetary and Terminating Sanctions against any party who does not appear at the hearing.

The Court’s clerk shall provide notice of this order. The Court also will post this order as a tentative order through the Court’s website.

DATED: November 25, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court