Case Name: Araujo, et al. v. Los Angeles County MTA
Case No.: BC498827
Matter: MTA’s Motion to Compel Physical Examination
Tentative Ruling: Motion is granted.
Plaintiffs Elizabeth Aquino and Lourdes Villamor filed BC561340 against Los Angeles County MTA and other defendants. The case is a personal injury action arising out of a MTA bus collision, and it has been consolidated with similar cases under lead case BC499827. MTA moves to compel a physical examination of Aquino, pursuant to CCP §2032.220(a) and §2032.240(b).
MTA served a demand for physical examination and scheduled an appointment for 4/5/16, which Aquino missed. The appointment was rescheduled for 6/1/16, which Aquino also missed. MTA’s demand complies with CCP §2032.220(a)(1)-(2) and (c)-(d), and there is no justification for Aquino’s failure to appear. The motion is granted, and Aquino is ordered to appear for examination on the newly scheduled date of 8/19/16.
MTA is entitled to monetary sanctions under CCP §203
Hearing Date
August 18, 2016
Type
Motor Vehicle - PI/PD/WD (General Jurisdiction)
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Case Name: Araujo, et al. v. Los Angeles County MTA
Case No.: BC498827
Matter: MTA’s Motion to Compel Physical Examination
Tentative Ruling: Motion is granted.
Plaintiffs Elizabeth Aquino and Lourdes Villamor filed BC561340 against Los Angeles County MTA and other defendants. The case is a personal injury action arising out of a MTA bus collision, and it has been consolidated with similar cases under lead case BC499827. MTA moves to compel a physical examination of Aquino, pursuant to CCP §2032.220(a) and §2032.240(b).
MTA served a demand for physical examination and scheduled an appointment for 4/5/16, which Aquino missed. The appointment was rescheduled for 6/1/16, which Aquino also missed. MTA’s demand complies with CCP §2032.220(a)(1)-(2) and (c)-(d), and there is no justification for Aquino’s failure to appear. The motion is granted, and Aquino is ordered to appear for examination on the newly scheduled date of 8/19/16.
MTA is entitled to monetary sanctions under CCP §203