Judge: Lee W. Tsao, Case: 23NWCV01953, Date: 2025-05-08 Tentative Ruling

Case Number: 23NWCV01953    Hearing Date: May 8, 2025    Dept: F

Phanpiriyachet v. Herrera (23NWCV01953)

This motor vehicle negligence action was filed on June 23, 2023. Trial is set for June 30, 2025. Defendants Hirad Inc. dba AM/PM Towing and Roberto Alonso Guerra Herrera’s Motion to Compel Plaintiff Amornrat Pam Phanpiriyachet’s Medical Examination Pursuant to a Protective Order is currently set for March 26, 2026. Defendants now move ex parte to continue trial and all trial-related dates 90 days after the motion to compel hearing or to a date thereafter convenient for the Court. Defendant asserts that Plaintiff claimed traumatic brain injury during the first time during mediation on April 7, 2025. Defendant asserts good causes exists to continue trial so the Motion to Compel may be heard.

In opposition, Plaintiff asserts that she has been forthcoming about her head injury at the outset of litigation—Plaintiff identified her head injury in her written discovery responses served on August 12, 2024. Further, Defendants knew as early as January 20, 2025 that either a stipulation or a court order would be needed for a mental examination. Plaintiff asserts it is prejudicial to Plaintiff to continue trial for over a year due to Defendant’s failure to timely file the motion or advance the hearing on the Motion. The Court notes the opposition claims Plaintiff is entitled to a trial preference. However, no Motion for Trial Preference has been filed.

The Court is not inclined to continue trial until after Defendants apply ex parte in Dept. SE-C to advance Defendants' Motion to Compel Plaintiff’s Mental Examination. Only then can the Court determine how long of a trial continuance may be warranted. Accordingly, Defendants’ Ex Parte Application to Continue Trial and All Related Deadlines is CONTINUED to May 22, 2025 at 8:30 a.m. in Dept. SE-F. Defendants are ORDERED to apply ex parte in Dept. SE-C before that date as set forth above. Moving party to give notice.