This case was last updated from Los Angeles County Superior Courts on 12/25/2019 at 21:43:00 (UTC).

WAYNE GRANSTON ET AL VS ENRIQUE HERNANDEZ GUERRERO

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7032

  • Filing Date:

    05/18/2018

  • Case Status:

    Other

  • 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

JON R. TAKASUGI

 

Party Details

Plaintiffs and Petitioners

GRANSTON ELLA

GRANSTON WAYNE

Defendants and Respondents

GUERRERO ENRIQUE HERNANDEZ

DOES 1 TO 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

DRAKE BENJAMIN ESQ.

Defendant Attorney

GRAY DAVID MARTIN

 

Court Documents

Request for Dismissal

12/13/2019: Request for Dismissal

Notice of Settlement

12/6/2019: Notice of Settlement

Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF SETTLEMENT)

12/6/2019: Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF SETTLEMENT)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT) OF 12/06/2019

12/6/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT) OF 12/06/2019

Notice - NOTICE OF RULING

10/29/2019: Notice - NOTICE OF RULING

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL NEUROPSYCHOLOGICAL EXAMINATION OF...)

10/28/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL NEUROPSYCHOLOGICAL EXAMINATION OF...)

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

10/2/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER TO CONTINUE TRIAL)

10/4/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER TO CONTINUE TRIAL)

[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: [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

Ex Parte Application - EX PARTE APPLICATION EX PARTE TO CONTINUE TRIAL

10/4/2019: Ex Parte Application - EX PARTE APPLICATION EX PARTE TO CONTINUE TRIAL

Proof of Service by Substituted Service

1/18/2019: Proof of Service by Substituted Service

Answer - Answer to Complaint

1/31/2019: Answer - Answer to Complaint

Notice of Posting of Jury Fees

5/17/2019: Notice of Posting of Jury Fees

Notice of Change of Address or Other Contact Information -

8/17/2018: Notice of Change of Address or Other Contact Information -

CoverSheet -

5/18/2018: CoverSheet -

Civil Case Cover Sheet -

5/18/2018: Civil Case Cover Sheet -

Summons -

5/18/2018: Summons -

Complaint -

5/18/2018: Complaint -

6 More Documents Available

 

Docket Entries

  • 12/13/2019
  • DocketRequest for Dismissal; Filed by Wayne Granston (Plaintiff); Ella Granston (Plaintiff)

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  • 12/06/2019
  • Docketat 10:45 AM in Department 3, Jon R. Takasugi, Presiding; Court Order

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  • 12/06/2019
  • DocketCertificate of Mailing for ((Court Order Re: Notice of Settlement) of 12/06/2019); Filed by Clerk

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  • 12/06/2019
  • DocketMinute Order ( (Court Order Re: Notice of Settlement)); Filed by Clerk

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  • 12/06/2019
  • DocketNotice of Settlement; Filed by Wayne Granston (Plaintiff); Ella Granston (Plaintiff)

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  • 11/18/2019
  • Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 11/01/2019
  • Docketat 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 10/29/2019
  • DocketNotice (of Ruling); Filed by Enrique Hernandez Guerrero (Defendant)

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  • 10/28/2019
  • Docketat 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel (Neuropsychological Examination of Plaintiff) - Held - Motion Granted

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  • 10/28/2019
  • DocketMinute Order ( (Hearing on Motion to Compel Neuropsychological Examination of...)); Filed by Clerk

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4 More Docket Entries
  • 10/02/2019
  • DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by Enrique Hernandez Guerrero (Defendant)

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  • 05/17/2019
  • DocketNotice of Posting of Jury Fees; Filed by Enrique Hernandez Guerrero (Defendant)

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  • 01/31/2019
  • DocketAnswer (to Complaint); Filed by Enrique Hernandez Guerrero (Defendant)

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  • 01/18/2019
  • DocketProof of Service by Substituted Service; Filed by Wayne Granston (Plaintiff)

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  • 08/17/2018
  • DocketNotice of Change of Address or Other Contact Information

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  • 08/17/2018
  • DocketNotice of Change of Address or Other Contact Information; Filed by Wayne Granston (Plaintiff); Ella Granston (Plaintiff)

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  • 05/18/2018
  • DocketSummons; Filed by Wayne Granston (Plaintiff); Ella Granston (Plaintiff)

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  • 05/18/2018
  • DocketCivil Case Cover Sheet

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  • 05/18/2018
  • DocketComplaint; Filed by Wayne Granston (Plaintiff); Ella Granston (Plaintiff)

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  • 05/18/2018
  • DocketComplaint

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Tentative Rulings

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.,

Plaintiff(s),

vs.

ENRIQUE HERNANDEZ GUERRERO, ET AL.,

Defendant(s).

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Case No.: BC707032

[TENTATIVE] ORDER GRANTING MOTION FOR LEAVE TO CONDUCT NEUROPSYCHOLOGICAL EXAMINATION

Dept. 3

1:30 p.m.

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.

c. Analysis

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 sscdept3@lacourt.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.