On December 29, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Lee, Chun Ho,
Lee, Lili,
and
Does 1 To 25,
Mullins, Patrick Fortunate,
for (22) Unlimited Auto
in the District Court of San Mateo County.
Preview
Case Number: 17-CIV-05966
SUPERIOR COURT OF SAN MATEO COUNTY
400 County Center 1050 Mission Road
Redwood City, CA 94063 South San Francisco, CA 94080
www.sanmateocourt.org
Minute Order
CHUN HO LEE, et al vs. PATRICK FORTUNATE MULLINS, et al 17-CIV-05966
02/19/2019 9:00 AM
Motion to Compel
Hearing Result: Held
Judicial Officer: Davis, III, Leland Location: Courtroom 4C
Courtroom Clerk: Jada Obaob Courtroom Reporter: Annette Jaycox
Parties Present
Exhibits
Minutes
Journals
- Matter is called at: 9:39 am.
Attorney(s): Monica Burneikis appearing for Plaintiff.
Attorney(s): Anthony Pinelli appearing for Defendant.
Ms. Burneikis addresses the Court and informs that there is a distinct and separate process between
"physical" examination and "mental" examination. There is no difference between "mental function"
and "mental examination" and that a "mental examination" was already done with her client.
Therefore, the Defendant's counsel is not entitled to another such examination without good cause.
Mr. Pinelli responds to the Court.
Matter submitted.
Having considered the submitted matter, the court rules as follows: Tentative ruling adopted and
becomes order.
Ms. Burneikis requests the Court to include language of "how the examination is to take place and/or
limit the examination" into the tentative ruling.
The Court DENIES the request.
TENTATIVE RULING:
The motion to compel is GRANTED pursuant to CCP 2032.250. Plaintiff shall appear for a neurological
examination no later than March 20, 2019. The examination shall be conducted by Dr. Peter Cassini,
M.D. and may include questions about brain functioning relevant to any biological or physical causes of
plaintiff's alleged traumatic brain injury and related issues such as memory loss. Plaintiff provides no
authority establishing that such questions constitute a mental examination within the meaning of CCP
2032.310.
1
Case Number: 17-CIV-05966
Defendant's request for sanctions is DENIED.
If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for
Defendant shall prepare a written order consistent with the Court's ruling for the Court's signature,
pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties
who have appeared in the action, as required by law and the California Rules of Court.
Defendant's counsel shall prepare formal order consistent with order herein submit for approval and
signature.
Case Events
Others
Comments:
Future Hearings and Vacated Hearings
Rescheduled: March 14, 2019 1:30 PM Mandatory Settlement Conference
Reason: Party's motion
Grandsaert, John L.
Courtroom 2D
Rescheduled: March 15, 2019 9:30 AM Mandatory Settlement Conference
Reason: Court's motion
Grandsaert, John L.
Courtroom 2D
Rescheduled: April 02, 2019 9:00 AM Jury Trial
Reason: Party's motion
Master Calendar, -
May 20, 2019 1:30 PM Mandatory Settlement Conference
Grandsaert, John L.
Courtroom 2D
June 03, 2019 9:00 AM Jury Trial
Master Calendar, -
2
Document Filed Date
February 19, 2019
Case Filing Date
December 29, 2017
Category
(22) Unlimited Auto
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Preview
Case Number: 17-CIV-05966 SUPERIOR COURT OF SAN MATEO COUNTY 400 County Center 1050 Mission Road Redwood City, CA 94063 South San Francisco, CA 94080 www.sanmateocourt.org Minute Order CHUN HO LEE, et al vs. PATRICK FORTUNATE MULLINS, et al 17-CIV-05966 02/19/2019 9:00 AM Motion to Compel Hearing Result: Held Judicial Officer: Davis, III, Leland Location: Courtroom 4C Courtroom Clerk: Jada Obaob Courtroom Reporter: Annette Jaycox Parties Present Exhibits Minutes Journals - Matter is called at: 9:39 am. Attorney(s): Monica Burneikis appearing for Plaintiff. Attorney(s): Anthony Pinelli appearing for Defendant. Ms. Burneikis addresses the Court and informs that there is a distinct and separate process between "physical" examination and "mental" examination. There is no difference between "mental function" and "mental examination" and that a "mental examination" was already done with her client. Therefore, the Defendant's counsel is not entitled to another such examination without good cause. Mr. Pinelli responds to the Court. Matter submitted. Having considered the submitted matter, the court rules as follows: Tentative ruling adopted and becomes order. Ms. Burneikis requests the Court to include language of "how the examination is to take place and/or limit the examination" into the tentative ruling. The Court DENIES the request. TENTATIVE RULING: The motion to compel is GRANTED pursuant to CCP 2032.250. Plaintiff shall appear for a neurological examination no later than March 20, 2019. The examination shall be conducted by Dr. Peter Cassini, M.D. and may include questions about brain functioning relevant to any biological or physical causes of plaintiff's alleged traumatic brain injury and related issues such as memory loss. Plaintiff provides no authority establishing that such questions constitute a mental examination within the meaning of CCP 2032.310. 1 Case Number: 17-CIV-05966 Defendant's request for sanctions is DENIED. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court. Defendant's counsel shall prepare formal order consistent with order herein submit for approval and signature. Case Events Others Comments: Future Hearings and Vacated Hearings Rescheduled: March 14, 2019 1:30 PM Mandatory Settlement Conference Reason: Party's motion Grandsaert, John L. Courtroom 2D Rescheduled: March 15, 2019 9:30 AM Mandatory Settlement Conference Reason: Court's motion Grandsaert, John L. Courtroom 2D Rescheduled: April 02, 2019 9:00 AM Jury Trial Reason: Party's motion Master Calendar, - May 20, 2019 1:30 PM Mandatory Settlement Conference Grandsaert, John L. Courtroom 2D June 03, 2019 9:00 AM Jury Trial Master Calendar, - 2