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.
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10/20/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
YBARRA ROSALINDA
KEYNAN HANNA
DOES 1 TO 20
KEYNAND MICHA
LAW OFFICES OF MAURO FIORE JR
FIORE MAURO JR.
ROSAL KRYSTALE LEE
AUSTIN BROWNWOOD & CANNON & SANTA CRUZ
HOUZE-BENSON ELYSA RHEA
MYERS JEFFREY CABOT
GHAEMI DORDANEH
12/5/2019: Reply - REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO COMPEL PLAINTIFF TO APPEAR FOR SECOND DEFENSE EXAMINATION WITH DR. THOMAS TOOHEY
11/26/2019: 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
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
8/15/2019: Opposition - OPPOSITION TO EX PARTE, #5, 4A
8/15/2019: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME OR IN THE ALTERNATIVE TO CONTINUE THE TRIAL DATE
8/15/2019: Minute Order - MINUTE ORDER (DEFENDANTS MICHA KEYNAN AND HANNA KEYNAN'S EX PARTE APPLICATI...)
12/12/2018: Association of Attorney - NOTICE OF ASSOCIATION OF COUNSEL
1/23/2019: Substitution of Attorney
1/23/2019: Substitution of Attorney
10/17/2018: Notice of Change of Address or Other Contact Information
2/2/2018: Proof of Service of Summons and Complaint -
2/2/2018: Proof of Service of Summons and Complaint -
3/1/2018: GENERAL DENIAL TO COMPLAINT
3/1/2018: NOTICE OF POSTING JURY FEES
3/1/2018: CIVIL DEPOSIT -
3/13/2018: PLAINTIFFS NOTICE OF POSTING JURY FEES
10/20/2017: SUMMONS -
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
Hearing02/03/2020 at 08:30 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial
Hearing01/22/2020 at 10:00 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference
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
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)
DocketOpposition (Opp to Motion to Conduct additional DME 11-25-19); Filed by ROSALINDA YBARRA (Plaintiff)
DocketOpposition (Opp to Motion to Conduct additional DME 11-25-19); Filed by ROSALINDA YBARRA (Plaintiff)
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)
Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court
Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court
DocketNOTICE OF POSTING JURY FEES
DocketGENERAL DENIAL TO COMPLAINT
DocketGeneral Denial; Filed by MICHA KEYNAND (Defendant); HANNA KEYNAN (Defendant)
DocketProof of Service of Summons and Complaint
DocketProof-Service/Summons; Filed by ROSALINDA YBARRA (Plaintiff)
DocketProof-Service/Summons; Filed by ROSALINDA YBARRA (Plaintiff)
DocketProof of Service of Summons and Complaint
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
DocketComplaint; Filed by ROSALINDA YBARRA (Plaintiff)
DocketSUMMONS
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.