Case Number: BC615393 Hearing Date: June 25, 2018 Dept: 2
Defendant’s Motion to Compel Attendance at an Independent Medical Examination and Request for Sanctions, filed on 5/24/18, is GRANTED. Plaintiff is ordered to appear for a physical examination on 7/3/18 at 3:00 p.m. before Mark M. Urata, M.D., DDS, FACS, FAAP located at Pacific Coast Plastic Surgery Center, 1301 20th Street, Suite 460, Santa Monica, CA 90404.
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.
Defendant can move to compel compliance where Plaintiff fails to submit to an examination. Defense counsel attempted to meet and confer by email dated 5/10/18 after Plaintiff failed to appear at a scheduled examination. Motion, Ex. D. Declaration of Danielle Mittskus, ¶ 10. Code Civ. Proc., § 2032.250.
The Court imposes sanctions of $3260.00 against Plaintiff as there is no justification for Plaintiff’s failure to appear for the examination or failure to meet and confer. Code Civ. Proc., § 2032.250.
Moving party is ordered to give notice.