This case was last updated from Los Angeles County Superior Courts on 12/08/2019 at 16:37:58 (UTC).

ROSALINDA YBARRA VS MICHA KEYNAN ET AL

Case Summary

On 10/20/2017 ROSALINDA YBARRA filed a Personal Injury - Other Personal Injury lawsuit against MICHA KEYNAN. 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:

    ****0330

  • Filing Date:

    10/20/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

YBARRA ROSALINDA

Defendants and Respondents

KEYNAN HANNA

DOES 1 TO 20

KEYNAND MICHA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICES OF MAURO FIORE JR

FIORE MAURO JR.

ROSAL KRYSTALE LEE

Defendant and Respondent Attorneys

AUSTIN BROWNWOOD & CANNON & SANTA CRUZ

HOUZE-BENSON ELYSA RHEA

MYERS JEFFREY CABOT

GHAEMI DORDANEH

 

Court Documents

Reply - REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO COMPEL PLAINTIFF TO APPEAR FOR SECOND DEFENSE EXAMINATION WITH DR. THOMAS TOOHEY

12/5/2019: Reply - REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO COMPEL PLAINTIFF TO APPEAR FOR SECOND DEFENSE EXAMINATION WITH DR. THOMAS TOOHEY

Opposition - OPPOSITION OPP TO MOTION TO CONDUCT ADDITIONAL DME 11-25-19

11/26/2019: Opposition - OPPOSITION OPP TO MOTION TO CONDUCT ADDITIONAL DME 11-25-19

Opposition - OPPOSITION OPP TO MOTION TO CONDUCT ADDITIONAL DME 11-25-19

11/26/2019: Opposition - OPPOSITION OPP TO MOTION TO CONDUCT ADDITIONAL DME 11-25-19

Motion to Compel - MOTION TO COMPEL DEFENDANTS' NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF ROSALINDA YBARRA TO APPEAR FOR MORE THAN ONE EXAMINATION

11/8/2019: Motion to Compel - MOTION TO COMPEL DEFENDANTS' NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF ROSALINDA YBARRA TO APPEAR FOR MORE THAN ONE EXAMINATION

Opposition - OPPOSITION TO EX PARTE, #5, 4A

8/15/2019: Opposition - OPPOSITION TO EX PARTE, #5, 4A

Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME OR IN THE ALTERNATIVE TO CONTINUE THE TRIAL DATE

8/15/2019: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME OR IN THE ALTERNATIVE TO CONTINUE THE TRIAL DATE

Minute Order - MINUTE ORDER (DEFENDANTS MICHA KEYNAN AND HANNA KEYNAN'S EX PARTE APPLICATI...)

8/15/2019: Minute Order - MINUTE ORDER (DEFENDANTS MICHA KEYNAN AND HANNA KEYNAN'S EX PARTE APPLICATI...)

Association of Attorney - NOTICE OF ASSOCIATION OF COUNSEL

12/12/2018: Association of Attorney - NOTICE OF ASSOCIATION OF COUNSEL

Substitution of Attorney

1/23/2019: Substitution of Attorney

Substitution of Attorney

1/23/2019: Substitution of Attorney

Notice of Change of Address or Other Contact Information

10/17/2018: Notice of Change of Address or Other Contact Information

Proof of Service of Summons and Complaint -

2/2/2018: Proof of Service of Summons and Complaint -

Proof of Service of Summons and Complaint -

2/2/2018: Proof of Service of Summons and Complaint -

GENERAL DENIAL TO COMPLAINT

3/1/2018: GENERAL DENIAL TO COMPLAINT

NOTICE OF POSTING JURY FEES

3/1/2018: NOTICE OF POSTING JURY FEES

CIVIL DEPOSIT -

3/1/2018: CIVIL DEPOSIT -

PLAINTIFFS NOTICE OF POSTING JURY FEES

3/13/2018: PLAINTIFFS NOTICE OF POSTING JURY FEES

SUMMONS -

10/20/2017: SUMMONS -

11 More Documents Available

 

Docket Entries

  • 10/20/2020
  • Hearing10/20/2020 at 08:30 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

    Read MoreRead Less
  • 02/03/2020
  • Hearing02/03/2020 at 08:30 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

    Read MoreRead Less
  • 01/22/2020
  • Hearing01/22/2020 at 10:00 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

    Read MoreRead Less
  • 12/11/2019
  • Hearing12/11/2019 at 13:30 PM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Second Defense Medical Examination

    Read MoreRead Less
  • 12/05/2019
  • DocketReply (to Plaintiff's Opposition to Motion to Compel Plaintiff to Appear for Second Defense Examination with Dr. Thomas Toohey); Filed by MICHA KEYNAND (Defendant); HANNA KEYNAN (Defendant)

    Read MoreRead Less
  • 11/26/2019
  • DocketOpposition (Opp to Motion to Conduct additional DME 11-25-19); Filed by ROSALINDA YBARRA (Plaintiff)

    Read MoreRead Less
  • 11/26/2019
  • DocketOpposition (Opp to Motion to Conduct additional DME 11-25-19); Filed by ROSALINDA YBARRA (Plaintiff)

    Read MoreRead Less
  • 11/08/2019
  • DocketMotion to Compel (Defendants' Notice of Motion and Motion to Compel Plaintiff Rosalinda Ybarra to Appear for More than One Examination); Filed by MICHA KEYNAND (Defendant); HANNA KEYNAN (Defendant)

    Read MoreRead Less
  • 10/22/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

    Read MoreRead Less
  • 10/10/2019
  • Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

    Read MoreRead Less
23 More Docket Entries
  • 03/01/2018
  • DocketNOTICE OF POSTING JURY FEES

    Read MoreRead Less
  • 03/01/2018
  • DocketGENERAL DENIAL TO COMPLAINT

    Read MoreRead Less
  • 03/01/2018
  • DocketGeneral Denial; Filed by MICHA KEYNAND (Defendant); HANNA KEYNAN (Defendant)

    Read MoreRead Less
  • 02/02/2018
  • DocketProof of Service of Summons and Complaint

    Read MoreRead Less
  • 02/02/2018
  • DocketProof-Service/Summons; Filed by ROSALINDA YBARRA (Plaintiff)

    Read MoreRead Less
  • 02/02/2018
  • DocketProof-Service/Summons; Filed by ROSALINDA YBARRA (Plaintiff)

    Read MoreRead Less
  • 02/02/2018
  • DocketProof of Service of Summons and Complaint

    Read MoreRead Less
  • 10/20/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less
  • 10/20/2017
  • DocketComplaint; Filed by ROSALINDA YBARRA (Plaintiff)

    Read MoreRead Less
  • 10/20/2017
  • DocketSUMMONS

    Read MoreRead Less

Tentative Rulings

Case Number: BC680330    Hearing Date: December 11, 2019    Dept: 4A

Motion to Compel Attendance at a Physical Examination

Having considered the moving, opposing, and reply papers, the Court rules as follows.

BACKGROUND

On October 20, 2017, Plaintiff Rosalinda Ybarra (“Plaintiff”) filed a complaint against Defendants Micha Keynan and Hanna Keynan (“Defendants”) alleging negligence and premises liability for a toilet breaking when Plaintiff was using it on October 24, 2015.

On November 8, 2019, Defendants filed a motion to compel Plaintiff’s attendance at a physical examination pursuant to California Code of Civil Procedure section 2032.320.

Trial is set for February 3, 2020.

PARTY’S REQUESTS

Defendants ask the Court to compel Plaintiff to submit to a defense medical examination before a plastic surgeon Dr. Thomas Toohey because Plaintiff claims she will need scar revision surgery.

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 there is good cause to order Plaintiff to submit to an examination conducted by a plastic surgeon because claims she will need scar revision surgery. (Motion, p. 5:4-5:11; Ghaemi Decl., ¶ 7.)  Defendants have already noticed a medical examination with orthopedic specialist Douglas Freedman for December 11, 2019.  (Rosal Decl., ¶ 3.)

The Court finds there is good cause for the requested examination.  There is no argument made that Dr. Freedman’s orthopedic examination will overlap with the requested examination by a plastic surgeon who will assess the necessity or extent of scar revision surgery.  Rather, the Court finds the requested additional examination is proper because of the different purposes of the examinations conducted by Drs. Freedman and Toohey.  There is also good cause for the requested examination because of Dr. Toohey’s specific inquiry into Plaintiff’s claim for scar revision surgery.

Therefore, the motion is GRANTED.

Plaintiff is ordered to appear for a physical examination according to the following terms:

Date: December 17, 2019.

Time: 1:30 p.m.

Location: 1401 Avocado Avenue, Suite 100, Newport Beach, California 92660.

Nature: Dr. Thomas Toohey is to examine Plaintiff and evaluate her claims as they relate to Plaintiff’s potential scar revision surgery . painful, proactive, or intrusive.

Defendants are ordered to give notice of this ruling.