Judge: Melvin D. Sandvig, Case: 23CHCP00299, Date: 2023-10-19 Tentative Ruling
Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247. Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).
Case Number: 23CHCP00299 Hearing Date: April 11, 2024 Dept: F47
Dept. F47
Date: 4/11/24
Case #23CHCP00299
PETITION FOR
PRE-SUIT DISCOVERY
Petition filed on 7/18/23.
MOVING PARTY: Petitioner Estanislao
Rosales
RESPONDING PARTY: Respondent Saul Islas
RULING: The petition is denied.
This petition arises out of an alleged motor vehicle
accident (“subject incident”) occurring at approximately 3:45 p.m. on October
17, 2022 on the southbound 5 freeway just north of the 210 freeway overpass. (See
Doyle Decl. ¶3). State Farm Mutual
Automobile Insurance Company (“State Farm”) has received a demand letter on
behalf of Respondent Saul Islas (“Claimant”) dated January 23, 2023. (Id. at ¶4; Ex.A). The demand letter stated that Claimant was
represented by Hillstone Law and alleges that Claimant was injured because of
Petitioner Estanislao Rosales’s (Petitioner) negligence in the subject
incident. (Id. at ¶¶4-6; Ex.A). The letter alleged Claimant had sustained
injuries to his neck, back, left knee, and left elbow. (Id. at ¶ 6; Ex.A). The letter also indicated that Claimant had
complaints of headaches. (Id.). The letter alleged that findings from x-rays
taken at Diagnostic Imaging Service Center indicated that Claimant had
spondylosis at C6-C7, C5-C6, and C4-C5, and joint effusion in the left knee. (Id.) The letter stated that on
November 3, 2022, Claimant had an MRI of his cervica1 spine, thoracic spine and
left knee taken at ProHealth Advanced Imaging. (Id.). The findings allegedly showed Claimant had a
5-6 mm disc herniation at the C6-C7; 3-4 mm at C5-C6; 1-2 mm at C4-C5; and
tearing of the posterior horn in the1eft shoulder. (Id.). As of the January 23, 2023 letter, Dr.
Jonathan Frank, M.D. discussed possible injections to his left knee. (Id.).
A later correspondence from Director of Operations at
Hillstone Law, PC, Michael Romero, dated June 14, 2023, indicated that Claimant
was scheduled to have a cervical fusion on August 11, 2023. (Id. at ¶7; Ex.B). Mr. Romero estimated that the cost of the
procedure is $295,000.00. (Id.) In this correspondence, a policy limits demand
was made with a deadline of May 12, 2023. (Id.)
State Farm has retained the law firm of Toschi, Collins,
Doyle & Houvener (“TCDH”) to represent Petitioner with respect to the
demand letter and the subject incident. (Id.
at ¶4). On or about June 28, 2023,
Steven C. Toschi, a partner at TCDH, wrote a letter to Claimant’s attorney on
behalf of Petitioner requesting that Claimant submit to an independent medical
examination prior to any surgery; provide a statement, and provide medical
records. (Id. at ¶8, Ex.C).
Petitioner made this request to preserve vital evidence which he contends will
be lost if Claimant undergoes surgery. (Id.).
The letter was identified as a
litigation hold. (Id.)
Petitioner sent a notice of demand for an independent
medical examination of Claimant with Dr. Kendall Wager for July 31, 2023. (Id. at ¶9; Ex.D). On June 29, 2023, Claimant objected to
Petitioner’s demand for independent medical examination and indicated that he
would not appear for the examination. (Id.
at ¶10; Ex.E).
On July 18, 2023, Petitioner filed the instant petition
seeking an order pursuant to CCP 2035.010(a) and CCP 2035.020 permitting
Petitioner to: (1) obtain an independent medical examination of Respondent
prior to surgery or any invasive medical procedure; (2) depose Respondent prior
to the independent medical examination; and (3) subpoena the medical treatment
records, including imaging, of Respondent for the independent medical examiner. On July 13, 2023, notice of the petition was
electronically served on attorneys at Hillstone Law, PC. On 7/28/23, Petitioner re-filed the papers in
support of the petition and a notice indicating a hearing date of January 11,
2024 for the petition. These documents
were also electronically served on attorneys at Hillstone Law, PC.
On August 1, 2023, Petitioner’s ex parte application to
advance the hearing date and shorten time for service was denied. (See 8/1/23 Minute Order). However, on the Court’s own motion, the
January 11, 2024 hearing date was advanced and continued to October 19, 2023. Id.
Petitioner was also ordered to give notice upon service. Id.
Nothing was filed by petitioner after the 8/1/23 Minute Order and Respondent
had not appeared in this action.
Petitioner did not appear at the 10/19/23 hearing. (See 10/19/23 Minute Order). On 10/19/23, the Court continued the hearing
due to issues with service of the petition and notice of hearing. Id.
The Court also set an Order to Show Cause Re: Sanctions
for Petitioner’s Failure to Appear on 4/11/24 and noted that if Petitioner
fails to appear at the hearing on 4/11/24, the petition will be denied or
dismissed without further notice.
Nothing has been filed since the 10/19/23 hearing and
there is still no evidence that Petitioner served the petition and notice of
hearing thereon in the same manner as provided for the service of a summons at
least 20 days before the hearing date as required. See CCP 2035.040(a)-(c).
Based on the foregoing, the petition is denied and the
matter is dismissed.