Case Number: BC709287 Hearing Date: December 10, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

brenda medina quintero,

Plaintiff,

v.

dora isabel inzunza de carrillo,

Defendant.

Case No.: BC709287

Hearing Date: December 10, 2019

[TENTATIVE] order RE:

MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION

BACKGROUND

Plaintiff Brenda Medina Quintero (“Plaintiff”) filed this action against Defendant Dora Isabel Inzunza de Carillo (“Defendant”) following a motor vehicle collision. Defendant moves to compel Plaintiff to submit to a physical examination by Keith Liberman, M.D. (“Liberman”). Plaintiff does not oppose the motion, which is granted.

Legal Standard

When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is entitled to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).)

DISCUSSION

In this case, Defendant noticed Plaintiff’s examination with Liberman for October 23, 2019. Plaintiff did not object to the notice. Nor did Plaintiff appear for the examination. Accordingly, the motion to compel Plaintiff to submit to a physical examination is granted.

Defendant requests discovery sanctions against Plaintiff and counsel-of-record in the amount of $1, 515 based upon Plaintiff’s failure to submit to the examination. The Court concludes that Plaintiff’s failure to submit to the noticed examination was a misuse of the discovery process, and imposes sanctions. (Code Civ. Proc., § 2032.410.) The Court imposes sanctions against Plaintiff and her counsel of record, Arta Wildeboer, Esq., in the amount of $955, which represents three hours of attorney time at a rate of $140 per hour, plus the filing fee of $60 and the $475 non-appearance fee for the examination.

CONCLUSION AND ORDER

The motion to compel the physical examination of Plaintiff is granted. Plaintiff must appear for a physical examination before Keith Liberman, M.D. on January 15, 2020 at 1:15 p.m. at 4861 Wilshire Boulevard, Suite #300 in Beverly Hills, California, unless Defendant stipulates otherwise. The nature of the examination will be as set forth in the Demand for Physical Examination of Plaintiff, attached as Exhibit A to the Declaration of Irene C. Messina.

Plaintiff and Plaintiff’s counsel of record, Arta Wildebour, Esq., are to pay $955 to Defendant, by and through counsel, within 30 days of notice of this order.

Defendant shall provide notice and file proof of such with the Court.

DATED: December 10, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court