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MONICA J. BURNEIKIS — SBN: 239860
MEISEL, KRENTSA & BURNEIKIS
350 Sansome Street,
San Francisco,
Suite 600
CA 94 l 04-131 1
FILED
SAN MA'reqcouu-rv /
Telephone: (415) 788—2035
Facsmile: (415) 398-1337 DEC 1/9. 2013
E-mail: monica@meisel-law.com Compel
cmathasd [torsoun to
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\OOOQQUIAUJNr—l
Attorney for Plaintiff 3y f
CHUN HO LEE
Motion
and IH\l||IHIHIIIIHIHIIHIHIIIIIHllll
Motion
05956
of
GIV—
THE SUPERIOR COURT THE STATE OF
MOTCUM
CALIFORNIA
1555443
IN 17—
Notice
IN AND FOR THE COUNTY OF SAN MATEO - UNLIMITED
Chun Ho Lee, Lili Lee, CASE NO. 17CIV05966
Plaintiffs, DEFENDANT’S NOTICE OF MOTION
TO COMPEL NEUROLOGICAL
v. INDEPENDENT MEDICAL
EXAMINATION; MEMORANDUM IN
fi
Patrick Fortunate Mullins; et al., SUPPORT; SEPARATE STATEMENT
AND DECLARATION OF GINA D.
Defendants. HUETTEL AND REQUEST FOR
SANCTIONS
Date: iebmaq l7;2019
Time: 9:00 a.m.'
NNNNNNNHva—IHHHr—IHH
Dept: Law and Motion BY FAX
QM-hWNHOWOOQOM-hwlgh‘o
Complaint Filed: December 29, 2017
Trial: Apn'l 2, 2019
TO: PLAINTIFF A_ND TO HIS COUNSEL OF RECORD:
YOU ARE HEREBY NOTIFIED THAT on Fem}, H, 2019, at 9:00 a.m., in Depanment of
Law and Motion, ofthe San Mateo Superior Court loca_ted at 400 County Centei‘, Redwood City,
CA 94063, defendant, Patrick Fortunate Mullins, will move the Court for an order requiring
plaintiff to submit to a neurological examination pursuant to the provisions 0f Code 0f Civil
DEFENDANT’S NOTICE OF MOTION TO COMPEL NEUROLOGICAL INDEPENDENT MEDICAL
EXAMINATION; MEMORANDUM IN SUPPORT; SEPARATE STATEMENT AND DECLARATION OF GINA D.
HUETTEL AND REQUEST FOR SANCTIONS V
.by
Procedure §2032, et seq. The examination will be performed Dr. Peter Cassini, whose
specialty is neurology and by such assistants, if any, as he may call upon to assist him in the
examination. The examination will take place at Dr. Cassini’s office located at 326 Bryant
Street, Palo Alto, California 94301 at such date and time and location as may be ordered by the
court.
\DOOQQUI-PWNH
Plaintiff is making a TBI (traumatic brain injury) claim, along with a claim for injuries
to his shoulder, arm and leg which require a neurological examination be performed. Plaintiff
appeared for an examination on October 18, 2108 at which time staff from Opposing Counsel’s
office informed Dr. Cassini Who was going to start the exam that Plaintiffwould not be allowed
o
r—I
to answer any questions. Plaintiff’s counsel contended that questions requiring an answer by
>—-a
r—I
Plaintiff amounted to a mental exam and that they had agreed to a physical exam only.
N
v—I
The IME, therefore, did not go forward as scheduled and defense counsel was advised that
-
W
v—t
a motion to compel the neurological IME would be necessary.
-§
r—I
This motion ismade on the grounds that the mental/emotional/cognitive and physical
L11
b—I
condition of the plaintiff is in controversy in this action and the plaintiff has refiJsed
0‘
t—t
voluntarily to submit to the neurological examination. Without_a physical examination which
fl
y—A
would include questions to determine if the TBI related claims have a possible physically or
O¢
)—-a
biologically related cause prevents a full assessment and evaluation of Plaintiff’s claims, and
H \O the traumatic brain injury, in particular. To attempt to determine if a question asked by the
O
(\J
IME doctor was a part of a “mental” or a “physical” examination was untenable and the IME
NH could not and did fiot go forward. The neurological examination was chosen in an effort to
NN address the traumatic brain injury claim which by definition would include an inquiry into the
N OJ brain, a specialt}; of a neurologist, as well as the other claims to plaintiff’s arm/shoulder and
Nh leg.
N fill
The request for sanctions is pursuant to Code of Civil Procedure Section 2032.250.
NV O\
- 2 - .
DEFENDANT'S NOTICE 0F MOTION T0 COMPEL NEUROLOGICAL INDEPENDENT MEDICAL
EXAMINATION; MEMORANDUM IN SUPPORT; SEPARATE STATEMENT AND DECLARATION OF GINA D.
HUETTEL AND REQUEST FOR SANCTIONS
The motion will be based upon this Notice, the attached Memorandum in Support and
Declaration of Gina D. Huettel, the Separate Statement of Disputed Matters, and the records
and files in this action.
Dated: December fl, 2018 WILLIAMS, PINELLI & CULLEN, LLP
\DOOQQUl-DUJNH
By; /~9%W/
4/
ANTHONY F. PINELLI
,,
—»———~
,
Attorneys for Defendant,
Patrick Mullins
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.
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DEFENDANT’S NOTICE OF MOTION TO COMPEL NEUROLOGICAL INDEPENDENT MEDICAL
EXAMINATION; MEMORANDUM IN SUPPORT; SEPARATE STATEMENT AND DECLARATION OF GINA D.
HUETTEL AND REQUEST FOR SANCTIONS
Lee v Mullins
San Mateo County Superior Court No. 17CIV05966
W‘N
PROOF OF SERVICE
I am employed in the County of Santa Clara, State of California. I am over the age of
eighteen years and not a party to the within action.. My business address is 152 N. Third Street,
Ul‘h
Suite 501, San Jose, CA 951 12.
ON
On the date set forth below, I served the following documents:
Q DEFENDANT’S NOTICE OF MOTION TO COMPEL NEUROLOGICAL INDEPENDENT
MEDICAL EXAMINATION; MEMORANDUM IN SUPPORT; SEPARATE STATEMENT
0° AND DECLARATION OF GINA D. HUETTEL AND REQUEST FOR SANCTIONS
W on the interested parties to said action by the fbllowing means:
10
X (BY MAIL) By placing a true copy thereof,
enclosed in a sealed envelope with postage thereon fully prepaid, for
collection and mailing
onthat date following ordinary business practices; in the
United States Mail ofiice of
as the
11
& Cullen, San Jose, CA, addressed as shown below.
Williams, Pinelli Iam readily f familiar with
this businesses's practice
fox:collection and processing of correspondence for mailing with the U.S. Postal Service, and in the ordinary course of
12 business, correspondence will be deposited with the U.S. Postal Service the
same dayitwas placed and
for collection
processmg.
13
(BY FACSIMILE TRANSMISSION) Icaused such documents to be delivered by facsimile transmission
of the addressee(s),
this date to the offices number noted
to the fax herein.
14
(BY HAND DELIVERY) I éaused such envelope(s) to be delivered by hand this'date to the offices of the
‘
15 addressee(s).
16
BY EMAIL (E-Service) Icaused said document(s) to be transmitted electronically to the interested parties
at
on
the email address(es) as stated the attached service.
(BY OVERNIGHT DELIVERY) Icaused such envelope(s) to be delivered to an overnight delivery carrier
17
with delivery fees provided
for, whom
addressed to the person(s) on itistobe served.
18
>
I declare under penalty of perjury under the laws of the State of California that the foregoing
19 is true and correct.
20 Executed on December 201 8 at San
19, Jose, California.
21
22
23
W I
,
.
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24 NAME(S) AND ADDRESSES WITH FAX NUMBER(S) OR E-MAIL ADDRESSES OF
EACH PARTY SERVED: ,
_
’
25
Monica Burneikis, Esq.
26 Law Offices ofMeisel, Krentsa & Burneikis
350 Sansome Street, Suite 600
27' San Francisco, CA 94104-13 11
(415) 788—2035/(415) 398—1337 -fax#
'28 monica@meisel-law.com
Attorneys for Plaintiffs,
Chun Ho. Lee and Lili Lee
ProofofService
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MONICA J. BURNEIKIS — SBN: 239860 MEISEL, KRENTSA & BURNEIKIS 350 Sansome Street, San Francisco, Suite 600 CA 94 l 04-131 1 FILED SAN MA'reqcouu-rv / Telephone: (415) 788—2035 Facsmile: (415) 398-1337 DEC 1/9. 2013 E-mail: monica@meisel-law.com Compel cmathasd [torsoun to m.%34 \OOOQQUIAUJNr—l Attorney for Plaintiff 3y f CHUN HO LEE Motion and IH\l||IHIHIIIIHIHIIHIHIIIIIHllll Motion 05956 of GIV— THE SUPERIOR COURT THE STATE OF MOTCUM CALIFORNIA 1555443 IN 17— Notice IN AND FOR THE COUNTY OF SAN MATEO - UNLIMITED Chun Ho Lee, Lili Lee, CASE NO. 17CIV05966 Plaintiffs, DEFENDANT’S NOTICE OF MOTION TO COMPEL NEUROLOGICAL v. INDEPENDENT MEDICAL EXAMINATION; MEMORANDUM IN fi Patrick Fortunate Mullins; et al., SUPPORT; SEPARATE STATEMENT AND DECLARATION OF GINA D. Defendants. HUETTEL AND REQUEST FOR SANCTIONS Date: iebmaq l7;2019 Time: 9:00 a.m.' NNNNNNNHva—IHHHr—IHH Dept: Law and Motion BY FAX QM-hWNHOWOOQOM-hwlgh‘o Complaint Filed: December 29, 2017 Trial: Apn'l 2, 2019 TO: PLAINTIFF A_ND TO HIS COUNSEL OF RECORD: YOU ARE HEREBY NOTIFIED THAT on Fem}, H, 2019, at 9:00 a.m., in Depanment of Law and Motion, ofthe San Mateo Superior Court loca_ted at 400 County Centei‘, Redwood City, CA 94063, defendant, Patrick Fortunate Mullins, will move the Court for an order requiring plaintiff to submit to a neurological examination pursuant to the provisions 0f Code 0f Civil DEFENDANT’S NOTICE OF MOTION TO COMPEL NEUROLOGICAL INDEPENDENT MEDICAL EXAMINATION; MEMORANDUM IN SUPPORT; SEPARATE STATEMENT AND DECLARATION OF GINA D. HUETTEL AND REQUEST FOR SANCTIONS V .by Procedure §2032, et seq. The examination will be performed Dr. Peter Cassini, whose specialty is neurology and by such assistants, if any, as he may call upon to assist him in the examination. The examination will take place at Dr. Cassini’s office located at 326 Bryant Street, Palo Alto, California 94301 at such date and time and location as may be ordered by the court. \DOOQQUI-PWNH Plaintiff is making a TBI (traumatic brain injury) claim, along with a claim for injuries to his shoulder, arm and leg which require a neurological examination be performed. Plaintiff appeared for an examination on October 18, 2108 at which time staff from Opposing Counsel’s office informed Dr. Cassini Who was going to start the exam that Plaintiffwould not be allowed o r—I to answer any questions. Plaintiff’s counsel contended that questions requiring an answer by >—-a r—I Plaintiff amounted to a mental exam and that they had agreed to a physical exam only. N v—I The IME, therefore, did not go forward as scheduled and defense counsel was advised that - W v—t a motion to compel the neurological IME would be necessary. -§ r—I This motion ismade on the grounds that the mental/emotional/cognitive and physical L11 b—I condition of the plaintiff is in controversy in this action and the plaintiff has refiJsed 0‘ t—t voluntarily to submit to the neurological examination. Without_a physical examination which fl y—A would include questions to determine if the TBI related claims have a possible physically or O¢ )—-a biologically related cause prevents a full assessment and evaluation of Plaintiff’s claims, and H \O the traumatic brain injury, in particular. To attempt to determine if a question asked by the O (\J IME doctor was a part of a “mental” or a “physical” examination was untenable and the IME NH could not and did fiot go forward. The neurological examination was chosen in an effort to NN address the traumatic brain injury claim which by definition would include an inquiry into the N OJ brain, a specialt}; of a neurologist, as well as the other claims to plaintiff’s arm/shoulder and Nh leg. N fill The request for sanctions is pursuant to Code of Civil Procedure Section 2032.250. NV O\ - 2 - . DEFENDANT'S NOTICE 0F MOTION T0 COMPEL NEUROLOGICAL INDEPENDENT MEDICAL EXAMINATION; MEMORANDUM IN SUPPORT; SEPARATE STATEMENT AND DECLARATION OF GINA D. HUETTEL AND REQUEST FOR SANCTIONS The motion will be based upon this Notice, the attached Memorandum in Support and Declaration of Gina D. Huettel, the Separate Statement of Disputed Matters, and the records and files in this action. Dated: December fl, 2018 WILLIAMS, PINELLI & CULLEN, LLP \DOOQQUl-DUJNH By; /~9%W/ 4/ ANTHONY F. PINELLI ,, —»———~ , Attorneys for Defendant, Patrick Mullins NNMNNNNHHHHHp—ay—tt—r—IH Qm-waHOKOOOQQUl-thNI—‘O . _3 _ DEFENDANT’S NOTICE OF MOTION TO COMPEL NEUROLOGICAL INDEPENDENT MEDICAL EXAMINATION; MEMORANDUM IN SUPPORT; SEPARATE STATEMENT AND DECLARATION OF GINA D. HUETTEL AND REQUEST FOR SANCTIONS Lee v Mullins San Mateo County Superior Court No. 17CIV05966 W‘N PROOF OF SERVICE I am employed in the County of Santa Clara, State of California. I am over the age of eighteen years and not a party to the within action.. My business address is 152 N. Third Street, Ul‘h Suite 501, San Jose, CA 951 12. ON On the date set forth below, I served the following documents: Q DEFENDANT’S NOTICE OF MOTION TO COMPEL NEUROLOGICAL INDEPENDENT MEDICAL EXAMINATION; MEMORANDUM IN SUPPORT; SEPARATE STATEMENT 0° AND DECLARATION OF GINA D. HUETTEL AND REQUEST FOR SANCTIONS W on the interested parties to said action by the fbllowing means: 10 X (BY MAIL) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for collection and mailing onthat date following ordinary business practices; in the United States Mail ofiice of as the 11 & Cullen, San Jose, CA, addressed as shown below. Williams, Pinelli Iam readily f familiar with this businesses's practice fox:collection and processing of correspondence for mailing with the U.S. Postal Service, and in the ordinary course of 12 business, correspondence will be deposited with the U.S. Postal Service the same dayitwas placed and for collection processmg. 13 (BY FACSIMILE TRANSMISSION) Icaused such documents to be delivered by facsimile transmission of the addressee(s), this date to the offices number noted to the fax herein. 14 (BY HAND DELIVERY) I éaused such envelope(s) to be delivered by hand this'date to the offices of the ‘ 15 addressee(s). 16 BY EMAIL (E-Service) Icaused said document(s) to be transmitted electronically to the interested parties at on the email address(es) as stated the attached service. (BY OVERNIGHT DELIVERY) Icaused such envelope(s) to be delivered to an overnight delivery carrier 17 with delivery fees provided for, whom addressed to the person(s) on itistobe served. 18 > I declare under penalty of perjury under the laws of the State of California that the foregoing 19 is true and correct. 20 Executed on December 201 8 at San 19, Jose, California. 21 22 23 W I , . \, < . 24 NAME(S) AND ADDRESSES WITH FAX NUMBER(S) OR E-MAIL ADDRESSES OF EACH PARTY SERVED: , _ ’ 25 Monica Burneikis, Esq. 26 Law Offices ofMeisel, Krentsa & Burneikis 350 Sansome Street, Suite 600 27' San Francisco, CA 94104-13 11 (415) 788—2035/(415) 398—1337 -fax# '28 monica@meisel-law.com Attorneys for Plaintiffs, Chun Ho. Lee and Lili Lee ProofofService