Case Number: BC629813 Hearing Date: April 18, 2018 Dept: 3

JUANITA DAVIS,

Plaintiff(s),

vs.

WINCO FOODS, LLC, ET AL.,

Defendant(s).

Case No.: BC629813

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL IME

Dept. 3

1:30 p.m.

April 18, 2018

Defendant propounded a Demand for IME on Plaintiff on 12/15/17, setting the IME for 1/05/18. On the same day, Plaintiff served a Response to the Demand for IME. The response included an indication that Plaintiff would not permit the retained expert to inquire into her medical history.

Plaintiff appeared at the examination, but the examination was not actually conducted because (a) the doctor began to question Plaintiff concerning her medical history, and Plaintiff refused to respond, and (b) the doctor asked Plaintiff to put on a gown, and Plaintiff insisted or wearing her loose-fitting skirt.

On 3/19/18, Defendant filed this motion to compel Plaintiff to attend an IME. Defendant filed the motion pursuant to CCP §2032.410, which permits a party to move to compel a physical examination if the plaintiff is obligated to sit for examination but fails to do so. There is no meet and confer requirement. The Court finds Plaintiff’s refusal to put on a gown at the doctor’s request is tantamount to a failure to appear for examination. The request is commonly made and reasonable. The doctor avers that he told Plaintiff that “an adequate exam could not be conducted if she did not change into a gown.” He declares a proper orthopedic exam of her hip cannot be performed while she is in clothing. There was not a good reason given for the refusal. The fact that she was wearing a loose fitting skirt is not a sufficient justification. The motion to compel Plaintiff to attend an examination is therefore granted.

Defendant seeks sanctions in connection with its motion. CCP §2032.410 authorizes monetary sanctions under Chapter 7 (2023.010 et seq). The Court finds Plaintiff was not justified in refusing the routine request to don a gown, and therefore imposition of sanctions is appropriate. Defendant seeks sanctions in the total amount of $1166, including a $750 non-appearance fee, reasonable attorney’s fees, and costs. The request is granted in full. Sanctions are sought and imposed against Plaintiff and her attorney of record, jointly and severally. They are ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $1166, within twenty days.

Defendant is ordered to give notice.