This case was last updated from Los Angeles County Superior Courts on 03/31/2021 at 14:47:47 (UTC).

NICOLETTE BIRDSONG WILSON ET AL VS DAVID WAYNE JOHNSON ET AL

Case Summary

On 09/19/2017 NICOLETTE BIRDSONG WILSON filed a Personal Injury - Motor Vehicle lawsuit against DAVID WAYNE JOHNSON. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6306

  • Filing Date:

    09/19/2017

  • Case Status:

    Pending - Other Pending

  • 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

CHRISTOPHER K. LUI

DANIEL M. CROWLEY

STEPHEN M. MOLONEY

 

Party Details

Plaintiffs and Petitioners

WILSHON NICOLETTE BIRDSONG

WILSON CEDRIC LAMONT

Defendants and Respondents

JOHNSON DAVID WAYNE

DOES 1 TO 100

COMBINED TRANSPORT INC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BYRON MICHAEL PURCELL

PURCELL BYRON MICHAEL

Defendant Attorney

DUBRAWSKI PETER ANDREW

 

Court Documents

Stipulation and Order - STIPULATION AND ORDER JOINT STIPULATION AND PROTECTIVE ORDER

8/9/2019: Stipulation and Order - STIPULATION AND ORDER JOINT STIPULATION AND PROTECTIVE ORDER

Motion to Compel Further Discovery Responses

11/8/2019: Motion to Compel Further Discovery Responses

Motion for Leave - MOTION FOR LEAVE TO OBTAIN MENTAL EXAMINATION OF PLAINTIFF

1/17/2020: Motion for Leave - MOTION FOR LEAVE TO OBTAIN MENTAL EXAMINATION OF PLAINTIFF

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE; DEFENDANTS COMBINED TRANSPORT, INC. ...)

1/23/2020: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE; DEFENDANTS COMBINED TRANSPORT, INC. ...)

Notice - NOTICE AMENDED NOTICE OF MOTION FOR LEAVE TO CONDUCT MENTAL EXAMINATION

1/24/2020: Notice - NOTICE AMENDED NOTICE OF MOTION FOR LEAVE TO CONDUCT MENTAL EXAMINATION

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/15/2020

4/15/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/15/2020

Separate Statement

5/11/2020: Separate Statement

Separate Statement

5/11/2020: Separate Statement

Motion to Compel Further Discovery Responses

5/11/2020: Motion to Compel Further Discovery Responses

Declaration - DECLARATION IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES SET THREE

5/11/2020: Declaration - DECLARATION IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES SET THREE

Notice - NOTICE NOTICE OF COURT'S ORDER

5/26/2020: Notice - NOTICE NOTICE OF COURT'S ORDER

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

8/4/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

Notice - NOTICE OF TAKING OFF-CALENDAR DEFENDANT COMBINED TRANSPORT, INC.'S MOTIONS TO COMPEL PLAINTIFF'S FURTHER RESPONSES TO SPECIAL INTERROGATORIES & REQUESTS FOR POD, SET THREE

9/16/2020: Notice - NOTICE OF TAKING OFF-CALENDAR DEFENDANT COMBINED TRANSPORT, INC.'S MOTIONS TO COMPEL PLAINTIFF'S FURTHER RESPONSES TO SPECIAL INTERROGATORIES & REQUESTS FOR POD, SET THREE

Notice - NOTICE NOTICE OF TAKING MOTION TO CONTINUE TRIAL AND ALL RELATED DATES OFF CALENDAR

3/17/2021: Notice - NOTICE NOTICE OF TAKING MOTION TO CONTINUE TRIAL AND ALL RELATED DATES OFF CALENDAR

Reply - REPLY REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO AMEND COMPLAINT

3/29/2021: Reply - REPLY REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO AMEND COMPLAINT

Request - REQUEST REQUEST FOR REFUND

3/11/2019: Request - REQUEST REQUEST FOR REFUND

Notice of Deposit - Jury

3/11/2019: Notice of Deposit - Jury

Opposition - OPPOSITION OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION TO CONTINUE THE FSC, TRIAL, AND RELATED DATES

5/1/2019: Opposition - OPPOSITION OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION TO CONTINUE THE FSC, TRIAL, AND RELATED DATES

39 More Documents Available

 

Docket Entries

  • 12/08/2021
  • Hearing12/08/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 11/24/2021
  • Hearing11/24/2021 at 10:00 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 04/06/2021
  • Hearing04/06/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Leave to Amend NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF BYRON MICHAEL PURCELL

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  • 03/29/2021
  • DocketReply (Reply to Defendants' Opposition to Plaintiffs' Motion for Leave to Amend Complaint); Filed by NICOLETTE BIRDSONG WILSHON (Plaintiff)

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  • 03/23/2021
  • DocketOpposition (OPPOSITION TO PLAINTIFFS? MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT); Filed by DAVID WAYNE JOHNSON (Defendant); COMBINED TRANSPORT, INC (Defendant)

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  • 03/19/2021
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Continue Trial - Not Held - Vacated by Court

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  • 03/17/2021
  • DocketNotice (Notice of Taking Motion to Continue Trial and All Related Dates Off Calendar); Filed by DAVID WAYNE JOHNSON (Defendant); COMBINED TRANSPORT, INC (Defendant)

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  • 03/10/2021
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Hearing on Ex Parte Application (to Continue Trial) - Held - Motion Granted

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  • 03/10/2021
  • DocketMinute Order ( (Defendant David Wayne Johnson's Ex Parte Application to Conti...)); Filed by Clerk

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  • 03/09/2021
  • DocketEx Parte Application (to Continue Trial); Filed by DAVID WAYNE JOHNSON (Defendant); COMBINED TRANSPORT, INC (Defendant)

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75 More Docket Entries
  • 08/17/2018
  • DocketCIVIL DEPOSIT

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  • 04/16/2018
  • DocketAnswer; Filed by DAVID WAYNE JOHNSON (Defendant); COMBINED TRANSPORT, INC (Defendant)

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  • 04/16/2018
  • DocketANSWER OF DEFENDANT DAVID WAYNE JOHNSON TO PLAINTIFFS' COMPLAINT

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  • 10/26/2017
  • DocketANSWER OF DEFENDANT COMBINED TRANSPORT, INC. TO PLAINTIFFS' COMPLAINT

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  • 10/26/2017
  • DocketAnswer; Filed by Defendant/Respondent

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  • 10/12/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 10/12/2017
  • DocketProof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 09/19/2017
  • DocketSUMMONS

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  • 09/19/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 09/19/2017
  • DocketComplaint; Filed by NICOLETTE BIRDSONG WILSHON (Plaintiff); CEDRIC LAMONT WILSON (Plaintiff)

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Tentative Rulings

Case Number: BC676306    Hearing Date: February 11, 2020    Dept: 28

Motion to for Leave to Conduct a Mental Examination

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On September 19, 2017, Plaintiffs Nicolette Birdsong Wilson and Cedric Lamont Wilson (“Plaintiffs”) filed a complaint against Defendants David Wayne Johnson and Combined Transport, Inc. (“Defendants”) The complaint alleges motor vehicle and general negligence for an automobile collision that occurred on June 23, 2016.

On January 17, 2020, Defendants filed a motion to compel Plaintiff Nicolette Birdsong Wilson to submit to a neuropsychological examination pursuant to California Code of Civil Procedure section 2032.320.

Trial is set for June 5, 2020

PARTIES REQUEST

Defendants ask the Court to compel Plaintiff Nicolette Birdsong Wilson to appear for a neuropsychological examination because she has placed her mental health into question.

LEGAL STANDARD

California Code of Civil Procedure section 2032.220, subdivision (a) states: “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a location within 75 miles of the residence of the examinee.”

California Code of Civil procedure section 2032.310 states: “(a) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court. (b) 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. (c) Notice of the motion shall be served on the person to be examined and on all parties who have appeared in the action.”

California Code of Civil Procedure section 2032.320 states: “(a) The court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown. . . . (d) 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.”

DISCUSSION

Defendants argue good cause exists for a neuropsychological examination because Plaintiff Nicolette Birdsong Wilson alleges to be suffering from headaches, depression, anxiety, and fibromyalgia onset caused by trauma.  (McIntyre Decl., ¶ 4, Exh. B.)

The Court finds there is good cause for grant the motion.  Plaintiff Nicolette Birdsong Wilson has placed her mental state at issue by seeking damages due to her mental injuries.

CONCLUSION

The motion is GRANTED.

Plaintiff Nicolette Birdsong Wilson is ordered to appear for medical examination by psychologist/neurologist F. David Rudnick as follows:

Date: Within 30 days of this ruling or on a date mutually agreeable between the parties.

Time: On a time mutually agreeable between the parties.

Location: 501 Santa Monica Boulevard, #509, Santa Monica, California 90401.

Nature: this examination shall consist of a battery of tests ordinarily performed by neuropsychologists in similar contexts.  No diagnostic test or procedure is to be painful, protracted, or intrusive.

Defendants are ordered to give notice of this ruling.

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