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.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
DANIEL M. CROWLEY
STEPHEN M. MOLONEY
WILSHON NICOLETTE BIRDSONG
WILSON CEDRIC LAMONT
JOHNSON DAVID WAYNE
DOES 1 TO 100
COMBINED TRANSPORT INC
BYRON MICHAEL PURCELL
PURCELL BYRON MICHAEL
DUBRAWSKI PETER ANDREW
8/9/2019: Stipulation and Order - STIPULATION AND ORDER JOINT STIPULATION AND PROTECTIVE ORDER
11/8/2019: Motion to Compel Further Discovery Responses
1/17/2020: Motion for Leave - MOTION FOR LEAVE TO OBTAIN MENTAL EXAMINATION OF PLAINTIFF
1/23/2020: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE; DEFENDANTS COMBINED TRANSPORT, INC. ...)
1/24/2020: Notice - NOTICE AMENDED NOTICE OF MOTION FOR LEAVE TO CONDUCT MENTAL EXAMINATION
4/15/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/15/2020
5/11/2020: Separate Statement
5/11/2020: Separate Statement
5/11/2020: Motion to Compel Further Discovery Responses
5/11/2020: Declaration - DECLARATION IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES SET THREE
5/26/2020: Notice - NOTICE NOTICE OF COURT'S ORDER
8/4/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)
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
3/17/2021: Notice - NOTICE NOTICE OF TAKING MOTION TO CONTINUE TRIAL AND ALL RELATED DATES OFF CALENDAR
3/29/2021: Reply - REPLY REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO AMEND COMPLAINT
3/11/2019: Request - REQUEST REQUEST FOR REFUND
3/11/2019: Notice of Deposit - Jury
5/1/2019: Opposition - OPPOSITION OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION TO CONTINUE THE FSC, TRIAL, AND RELATED DATES
Hearing12/08/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Jury TrialRead MoreRead Less
Hearing11/24/2021 at 10:00 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Final Status ConferenceRead MoreRead Less
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 PURCELLRead MoreRead Less
DocketReply (Reply to Defendants' Opposition to Plaintiffs' Motion for Leave to Amend Complaint); Filed by NICOLETTE BIRDSONG WILSHON (Plaintiff)Read MoreRead Less
DocketOpposition (OPPOSITION TO PLAINTIFFS? MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT); Filed by DAVID WAYNE JOHNSON (Defendant); COMBINED TRANSPORT, INC (Defendant)Read MoreRead Less
Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Continue Trial - Not Held - Vacated by CourtRead MoreRead Less
DocketNotice (Notice of Taking Motion to Continue Trial and All Related Dates Off Calendar); Filed by DAVID WAYNE JOHNSON (Defendant); COMBINED TRANSPORT, INC (Defendant)Read MoreRead Less
Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Hearing on Ex Parte Application (to Continue Trial) - Held - Motion GrantedRead MoreRead Less
DocketMinute Order ( (Defendant David Wayne Johnson's Ex Parte Application to Conti...)); Filed by ClerkRead MoreRead Less
DocketEx Parte Application (to Continue Trial); Filed by DAVID WAYNE JOHNSON (Defendant); COMBINED TRANSPORT, INC (Defendant)Read MoreRead Less
DocketCIVIL DEPOSITRead MoreRead Less
DocketAnswer; Filed by DAVID WAYNE JOHNSON (Defendant); COMBINED TRANSPORT, INC (Defendant)Read MoreRead Less
DocketANSWER OF DEFENDANT DAVID WAYNE JOHNSON TO PLAINTIFFS' COMPLAINTRead MoreRead Less
DocketANSWER OF DEFENDANT COMBINED TRANSPORT, INC. TO PLAINTIFFS' COMPLAINTRead MoreRead Less
DocketAnswer; Filed by Defendant/RespondentRead MoreRead Less
DocketPROOF OF SERVICE SUMMONSRead MoreRead Less
DocketProof-Service/Summons; Filed by Plaintiff/PetitionerRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
DocketComplaint; Filed by NICOLETTE BIRDSONG WILSHON (Plaintiff); CEDRIC LAMONT WILSON (Plaintiff)Read MoreRead Less
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.
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.
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.
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.”
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.
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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