This case was last updated from Los Angeles County Superior Courts on 06/18/2019 at 23:07:22 (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 Judge overseeing this case is CHRISTOPHER K. LUI. 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 Judge

CHRISTOPHER K. LUI

 

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

ANSWER OF DEFENDANT DAVID WAYNE JOHNSON TO PLAINTIFFS' COMPLAINT

4/16/2018: ANSWER OF DEFENDANT DAVID WAYNE JOHNSON TO PLAINTIFFS' COMPLAINT

Unknown

8/17/2018: Unknown

Unknown

12/5/2018: Unknown

Minute Order

12/5/2018: Minute Order

Stipulation and Order

2/25/2019: Stipulation and Order

Request

3/11/2019: Request

Unknown

3/11/2019: Unknown

Opposition

5/1/2019: Opposition

Notice

5/2/2019: Notice

Minute Order

5/2/2019: Minute Order

ANSWER OF DEFENDANT COMBINED TRANSPORT, INC. TO PLAINTIFFS' COMPLAINT

10/26/2017: ANSWER OF DEFENDANT COMBINED TRANSPORT, INC. TO PLAINTIFFS' COMPLAINT

PROOF OF SERVICE SUMMONS

10/12/2017: PROOF OF SERVICE SUMMONS

SUMMONS

9/19/2017: SUMMONS

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

9/19/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

2 More Documents Available

 

Docket Entries

  • 05/02/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Hearing on Ex Parte Application (for an Order Continuing F.S.C., Trial, and Related Dates) - Held - Motion Granted

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  • 05/02/2019
  • Minute Order ( (Ex Parte Application of Defendants Combined Transport, Inc. a...)); Filed by Clerk

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  • 05/02/2019
  • Notice (Notice of Continuance of Final Status Conference, Trial, and Related Dates); Filed by DAVID WAYNE JOHNSON (Defendant); COMBINED TRANSPORT, INC (Defendant)

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  • 05/02/2019
  • Ex Parte Application (for an Order Continuing F.S.C., Trial, and Related Dates); Filed by DAVID WAYNE JOHNSON (Defendant); COMBINED TRANSPORT, INC (Defendant)

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  • 05/01/2019
  • Opposition (Opposition to Defendants' Ex Parte Application to Continue the FSC, Trial, and Related Dates); Filed by NICOLETTE BIRDSONG WILSHON (Plaintiff); CEDRIC LAMONT WILSON (Plaintiff)

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  • 03/19/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 03/11/2019
  • Notice of Deposit - Jury; Filed by DAVID WAYNE JOHNSON (Defendant); COMBINED TRANSPORT, INC (Defendant)

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  • 03/11/2019
  • Request (Request for Refund); Filed by DAVID WAYNE JOHNSON (Defendant); COMBINED TRANSPORT, INC (Defendant)

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  • 03/05/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 02/25/2019
  • Stipulation and Order ([Proposed Order] and Stipulation to Continue Trial, FSC [And Related Motion/Discovery Dates] Personal Injury Courts Only (Central District)); Filed by DAVID WAYNE JOHNSON (Defendant); COMBINED TRANSPORT, INC (Defendant)

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4 More Docket Entries
  • 08/17/2018
  • Receipt; Filed by NICOLETTE BIRDSONG WILSHON (Plaintiff); CEDRIC LAMONT WILSON (Plaintiff)

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

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

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

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

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

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  • 10/12/2017
  • PROOF OF SERVICE SUMMONS

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  • 09/19/2017
  • SUMMONS

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

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  • 09/19/2017
  • Complaint; 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.