2016-00195398-CU-PA

State Compensation Insurance Fund vs. Dan Gonzalez

Nature of Proceeding: Motion to Compel Armando Mejia to Submit to Physical Examination

Filed By: Win-Thu, Jane

** If a request for oral argument is made, then the hearing will take place at

9:00AM on Monday, March 26, 2018 in this department. If a Monday hearing is inconvenient, then counsel (and any parties in propria persona) shall meet and confer and, at the time oral argument is requested, shall notify the Department 54 Clerk of their request for a different date for the hearing. Any request for oral argument must still be made by 4:00PM today. (See Local Rule 1.06.) **

Judge Rodda discloses that the Dreyer Babich firm represented his daughter in a personal injury case in the mid-1990’s.

Defendants’ motion to compel Plaintiff Mejia to appear for his independent medical examination is UNOPPOSED and GRANTED.

Defendants’ further request for a monetary sanction, which is opposed, is GRANTED in the amount of $2,000. It is undisputed that Mejia failed to appear for his duly noticed IME set for 9/05/17. Because Mejia failed to appear without prior notice to Defendants, the latter incurred a fee of $2,000. (See Win-Thu Decl., Exh. C.) It would be unjust to require Defendants to absorb that cost. (See CCP § 2032.410.)

Defendants’ further request for fees incurred to bring this motion is DENIED. Mejia has not opposed the new demand for IME, and he has not opposed the substance of this motion. (See id. § 2032.250.)

The court will sign the order submitted.