Case Number: BC637271 Hearing Date: May 11, 2018 Dept: 2

The Court has reviewed Defendant’s unopposed Motion for a Terminating Sanction or to Compel Physical Examination and for a Monetary Sanction filed on 3/19/18.

Defendant’s request for terminating sanctions is DENIED as dismissal is too severe a sanction where a party fails to appear. Discovery sanctions are not to be imposed for punishment, but instead are used to encourage fair disclosure of discovery to prevent unfairness resulting from the lack of information. Midwife v. Bernal (1988) 203 Cal. App. 3d 57, 64.

The sanction imposed must be “appropriate to the dereliction” and designed to accomplish the discovery sought. Do It Urself Moving & Storage, Inc. v. Brown, Leifer, Slatkin & Berns (1992) 7 Cal. App. 4th 27, 35.

Defendant’s alternative request to compel Plaintiff to appear for his physical examination is GRANTED. Defendant is entitled to demand a physical examination of a personal injury Plaintiff without leave of court provided the examinations are not painful, protracted, or intrusive and is conducted within 75 miles of Plaintiff’s residence. Code Civ. Proc., § 2032.220.

The Court has discretion to make “those orders that are just” including the imposition of sanctions. Code Civ. Proc., § 2032.410. The Court imposes sanctions of $740.00 against Plaintiff.

Moving party is ordered to give notice.