Lawzilla Additional Information:
Per the Los Angeles case information records plaintiff is represented by attorney Alec Baghdassarian who is being sanctioned by the Superior Court judge. Update: It is Lawzilla’s understanding that for a final order the court denied the motion and denied the request for sanctions as moot.

Case Number: BC646169 Hearing Date: May 15, 2018 Dept: 7

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION OF PLAINTIFF AND MONETARY SANCTIONS; MOTION GRANTED

On January 12, 2017, Plaintiff Yolanda Pegueros (“Plaintiff”) filed this action against Defendant Glendora Apartments, Inc. (“Defendant”) for negligence and premises liability relating to a January 12, 2015 trip and fall. On January 9, 2018, Defendant noticed the independent medical examination (“IME”) of Plaintiff for March 28, 2018, at 11:00 a.m. with Geoffrey M. Miller, M.D. (Declaration of Vanessa Pouldian, ¶ 3; Exh. A.) Plaintiff never filed an objection to the Notice (Pouldian Decl., ¶ 4), but defense counsel met and conferred with plaintiff’s counsel to reschedule the examination to April 11, 2018 (Pouldian Decl., ¶ 5). A second Notice for the IME was served (Pouldian Decl., ¶ 6; Exh. C), and plaintiff’s counsel confirmed the IME (Pouldian Decl., ¶ 7). However, on the date of the IME, Plaintiff did not appear and Defendant incurred a $700.00 cancellation fee. (Pouldian Decl., ¶¶ 8, 11.) Defendant moves to compel Plaintiff’s IME and monetary sanctions.

In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a location within 75 miles of the residence of the examinee. (Code of Civ. Proc., § 2032.220, subd. (a).) A defendant may make a demand for physical examination without leave of the court after that defendant has been served or has appeared (Code of Civ. Proc., § 2032.220, subd. (b)), and the physical examination demanded shall be scheduled for a date at least 30 days after service (Code of Civ. Proc., § 2032.220, subd. (d)).

“If a defendant who has demanded a physical examination . . . deems that any modification of the demand, or any refusal to submit to the physical examination is unwarranted, the defendant may move for an order compelling compliance with the demand. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code of Civ. Proc., § 2032.250, subd. (a).)

Defendant is entitled to demand one physical examination of Plaintiff and it is undisputed that Plaintiff failed to appear for the examination. Plaintiff filed no opposition to this Motion. Accordingly, the Motion to compel the independent medical examination of Plaintiff is GRANTED. Plaintiff is ordered to appear for an examination with James T. London, M.D., F.A.C.S., an orthopedist specialist, on the noticed date of May 16, 2018.

Defendant also seeks monetary sanctions in the amount of $2,570.00. “The court shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand for a physical examination, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code of Civ. Proc., § 2032.250, subd. (b).)

The request for monetary sanctions is GRANTED and imposed against Plaintiff and Plaintiff’s counsel, jointly and severally, in the amount of $1,130.00 for one hour preparing this unopposed motion and one hour attending the hearing at counsel’s rate of $185.00 per hour, the $700.00 cancellation fee, and $60.00 filing fee. Plaintiff and counsel are ordered to pay this monetary sanction within twenty (20) days of the date of this Order.

Moving party to give notice.