Case Number: BC646138 Hearing Date: April 23, 2018 Dept: 3

RUBEN COVARRUBIAS, ET AL.,

Plaintiff(s),

vs.

DAVID GOMEZ, ET AL.,

Defendant(s).

CASE NO: BC646138

[TENTATIVE] ORDER GRANTING MOTION TO DISMISS

Dept. 3

1:30 p.m.

April 23, 2018

Plaintiffs, Ruben and Maria Covarrubias filed this action against Defendant, David Gomez for damages arising out of an automobile accident. On 2/28/18, the Court heard and granted Defendant’s motion to compel an independent medical examination. The parties agreed that an IME was necessary, but disagreed about whether or not it was proper for the defense expert to have a “female chaperone” in the room while the examination was conducted. The Court found in Defendant’s favor and ordered Plaintiff to be present with the defense expert and a female chaperone.

Defendant, after the hearing, scheduled Plaintiff’s IME for 3/07/18. On 3/07/18, Plaintiff appeared for her IME, but she refused to permit the defense expert’s female chaperone to be present. The examination was therefore not conducted.

At this time, Defendant moves to dismiss the case. Notably, any opposition to the motion was due on or before 4/10/18. The Court has not received opposition to the motion. CCP §2032.410 expressly permits the Court to impose a terminating sanction if a plaintiff is compelled to attend an IME and fails to do so. In light of this authority, and in light of the lack of opposition to the motion, the motion is granted. Plaintiffs’ case is dismissed.

Defendant is ordered to give notice.