Judge: Michelle C. Kim, Case: 20STCV24052, Date: 2023-11-17 Tentative Ruling

Case Number: 20STCV24052    Hearing Date: November 17, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

SHI BIAO HU, 

Plaintiff(s),  

vs. 

 

JORGE OCHOA, ET AL., 

 

Defendant(s). 

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      CASE NO: 20STCV24052 

 

[TENTATIVE] ORDER RE: DEFENSE MENTAL EXAMINATION OF PLAINTIFF  

 

Dept. 31 

1:30 p.m.  

November 17, 2023 

 

Plaintiff Shi Biao Hu (“Plaintiff”) filed this action against Defendant Jorge Ochoa (“Defendant”) for damages arising from a motor vehicle incident.  

At this time, Defendant moves for an order compelling Plaintiff to appear for a mental examination. Instead of filing an opposition, Plaintiff filed a prophylactic declaration, averring that the parties are in the process of stipulating to the mental examination, and that Plaintiff expects the motion to be taken off-calendar.  

The motion has not been taken off-calendar. However, no other opposition was submitted, nor any reply filed by Defendant to inform the Court of the current status quo. The Court therefore presumes the parties have met and conferred on the issue, and that this motion is now moot. 

Should the motion not be taken off-calendar before the hearing, the Court expects Counsel for both parties to appear (remote attendance permissible) and to be prepared to discuss any remaining unresolved issues.  

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the Court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 16th day of November 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court