Case Number: BC617470 Hearing Date: May 31, 2018 Dept: 7

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

On April 20, 2016, Plaintiff Valerie Jimenez (“Plaintiff”) filed this action against City of Los Angeles (“Defendant”) for motor vehicle and general negligence relating to an August 30, 2015 motor vehicle collision. Defendant seeks to compel Plaintiff’s Independent Medical Examination (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)).

On October 25, 2017, Defense counsel served a demand for physical examination on Plaintiff for a November 28, 2017 examination with Richard C. Rosenberg, M.D., an orthopedic surgeon. (Declaration of Lara Bairamian, ¶ 3; Exh. A.) Plaintiff never served a written response or objection to the demand and failed to appear at the November 28, 2017 examination. (Bairamian Decl., ¶¶ 4, 5.) Defense counsel incurred a $500.00 failed appointment fee from Dr. Rosenberg for Plaintiff’s failure to appear. (Bairamian Decl., ¶ 6.) The parties met and conferred regarding rescheduling Plaintiff’s examination. (Bairamian Decl., ¶¶ 7-9.) On December 21, 2017, Defendant served a demand for physical examination with Dr. Rosenberg on February 5, 2018. (Bairamian Decl., ¶ 11; Exh. B.) Plaintiff did not serve a written response or objection and failed to appear at the February 5, 2018 examination. (Bairamian Decl., ¶¶ 12, 13.) Defense counsel incurred another $500.00 fee by Dr. Rosenberg’s office. (Bairamian Decl., ¶ 17.)

Defendant is entitled to demand a physical examination of Plaintiff who is alleging personal injuries. (Civ. Proc., § 2032.220, subd. (a).) The Motion to compel Plaintiff’s IME is GRANTED. Plaintiff is ordered to appear for physical examination with Dr. Rosenberg on June 15, 2018 at 1:30 p.m., or other date to which the parties agree.

“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).) Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and her counsel of record, jointly and severally, in the amount of $1,300.00, for the $1,000.00 fees incurred from Dr. Rosenberg’s office for the two failed appointments, and two hours preparing this unopposed Motion and attending the hearing, at defense counsel’s rate of $150.00 per hour. This monetary sanction is to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.