On 05/18/2018 WAYNE GRANSTON filed a Personal Injury - Other Personal Injury lawsuit against ENRIQUE HERNANDEZ GUERRERO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Other.
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
GUERRERO ENRIQUE HERNANDEZ
DOES 1 TO 50
DRAKE BENJAMIN ESQ.
GRAY DAVID MARTIN
12/13/2019: Request for Dismissal
12/6/2019: Notice of Settlement
12/6/2019: Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF SETTLEMENT)
12/6/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT) OF 12/06/2019
10/29/2019: Notice - NOTICE OF RULING
10/28/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL NEUROPSYCHOLOGICAL EXAMINATION OF...)
10/2/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
10/4/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER TO CONTINUE TRIAL)
10/4/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO
10/4/2019: Ex Parte Application - EX PARTE APPLICATION EX PARTE TO CONTINUE TRIAL
1/18/2019: Proof of Service by Substituted Service
1/31/2019: Answer - Answer to Complaint
5/17/2019: Notice of Posting of Jury Fees
8/17/2018: Notice of Change of Address or Other Contact Information -
5/18/2018: CoverSheet -
5/18/2018: Civil Case Cover Sheet -
5/18/2018: Summons -
5/18/2018: Complaint -
DocketRequest for Dismissal; Filed by Wayne Granston (Plaintiff); Ella Granston (Plaintiff)Read MoreRead Less
Docketat 10:45 AM in Department 3, Jon R. Takasugi, Presiding; Court OrderRead MoreRead Less
DocketCertificate of Mailing for ((Court Order Re: Notice of Settlement) of 12/06/2019); Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Court Order Re: Notice of Settlement)); Filed by ClerkRead MoreRead Less
DocketNotice of Settlement; Filed by Wayne Granston (Plaintiff); Ella Granston (Plaintiff)Read MoreRead Less
Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Not Held - Advanced and Continued - by CourtRead MoreRead Less
Docketat 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Advanced and Continued - by CourtRead MoreRead Less
DocketNotice (of Ruling); Filed by Enrique Hernandez Guerrero (Defendant)Read MoreRead Less
Docketat 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel (Neuropsychological Examination of Plaintiff) - Held - Motion GrantedRead MoreRead Less
DocketMinute Order ( (Hearing on Motion to Compel Neuropsychological Examination of...)); Filed by ClerkRead MoreRead Less
DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by Enrique Hernandez Guerrero (Defendant)Read MoreRead Less
DocketNotice of Posting of Jury Fees; Filed by Enrique Hernandez Guerrero (Defendant)Read MoreRead Less
DocketAnswer (to Complaint); Filed by Enrique Hernandez Guerrero (Defendant)Read MoreRead Less
DocketProof of Service by Substituted Service; Filed by Wayne Granston (Plaintiff)Read MoreRead Less
DocketNotice of Change of Address or Other Contact InformationRead MoreRead Less
DocketNotice of Change of Address or Other Contact Information; Filed by Wayne Granston (Plaintiff); Ella Granston (Plaintiff)Read MoreRead Less
DocketSummons; Filed by Wayne Granston (Plaintiff); Ella Granston (Plaintiff)Read MoreRead Less
DocketCivil Case Cover SheetRead MoreRead Less
DocketComplaint; Filed by Wayne Granston (Plaintiff); Ella Granston (Plaintiff)Read MoreRead Less
DocketComplaintRead MoreRead Less
Case Number: BC707032 Hearing Date: October 28, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
WAYNE GRANSTON, ET AL.,
ENRIQUE HERNANDEZ GUERRERO, ET AL.,
Case No.: BC707032
[TENTATIVE] ORDER GRANTING MOTION FOR LEAVE TO CONDUCT NEUROPSYCHOLOGICAL EXAMINATION
October 28, 2019
1. Background Facts
Plaintiffs, Wayne and Ella Granston filed this action against Defendant, Enrique Hernandez Guerrero for damages arising out of an automobile accident.
2. Motion to Conduct Additional IME
a. Relief Sought
At this time, Defendant seeks leave of court to conduct examination by a neuropsychologist. He contends Plaintiff recently revealed, in response to supplemental interrogatories, that he will require future treatment to his brain, head, headaches, and anxiety, which may include an MRI of the brain and a neuropsychiatric evaluation. Plaintiff designated experts in the field of neorology and neuropsychology to testify at trial.
b. Standard for Additional IMEs
Except for defense physicals in personal injury cases (in which one examination is permitted as a matter of course) and exams arranged by stipulation, a court order is required for a physical or mental examination. Such order may be made only after notice and hearing, and for “good cause shown.” CCP §2032.320(a).
The examination will be limited to whatever condition is “in controversy” in the action. CCP §2032.020(a). This means the examination must be directly related to the specific injury or condition that is the subject of the litigation. Roberts v. Superior Court (1973) 9 Cal.3d 330, 337. Often, a party's pleadings put his or her mental or physical condition in controversy ... as when a plaintiff claims continuing mental or physical injury resulting from defendant's acts: “A party who chooses to allege that he has mental and emotional difficulties can hardly deny his mental state is in controversy.” See Vinson v. Superior Court (1987) 43 Cal.3d 833, 837, wherein the plaintiff claimed ongoing emotional distress from sexual harassment by former employer. Discovery responses can also frame the issues regarding the injuries and damages alleged.
Where the plaintiff's injuries are complex, several exams may be necessary by specialists in different fields. There is no limit on the number of physical or mental exams that may be ordered on a showing of good cause. The good cause requirement checks any potential harassment of the plaintiff. See Shapira v. Superior Court (1990) 224 Cal.App.3d 1249, 1255.
Defendant adequately showed that an IME with a neuropsychologist is necessary in light of Plaintiff’s damages assertions. Any opposition to the motion was due on or before 10/15/19. The Court has not received opposition to the motion.
Plaintiff is ordered to sit for a neuropsychological examination with Dr. Arnold D. Purisch, Ph.D., on Wednesday, 11/06/19 at 8:30 a.m. Dr. Purisch’s office is located at 23046 Avenida de la Carlota, Suite 600, Laguna Hills, CA 92653. The scope of the examination is as identified at page 2, line 25 to page 5, line 8 of the notice of motion, and shall not be enlarged in any way at the examination.
Defendant is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the court at firstname.lastname@example.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.