CIV538791 AGNI AVOYAN, ET AL. VS. YOHEI KOZAKI, ET AL.

YOHEI KOZAKI KENYON M. YOUNG

AGNI AVOYAN ANNA DUBROVSKY

Motion to Compel & Request for Sanctions

The Court carries forward its previously posted Tentative Decision, posted for the original Dec. 14, 2017 Hearing date, as follows:

· GRANTED. Defendants and Cross-Complainants’ opposed Motion to compel Plaintiff Agni Avoyan to have Steven McIntire, M.D. complete the Independent Medical Examination (IME) that began on Sept. 18, 2017, is Granted. Said further Medical Examination to be had within 45 days of Notice of Entry of Order.

· If either party contests this Tentative Decision, Counsel Must Personally Appear. No Telephonic appearances. No “Covering Counsel”.

· This is a personal injury case arising out of a multiple auto collision on US 101 in Belmont in October 2014.

· After due Discovery request, an IME of Agni Avoyan, a Plaintiff here, was held on September 18, 2017 and conducted by a Neurologist Stephen McIntire M.D., with a certified Russian translator also participating. However, Dr. McIntire and the translator were so disrupted that the IME could not be completed. At least to some extent, Plaintiff Avoyan and her counsel did not participate in the IME in good faith.

· On a date mutually agreeable with the parties, their counsel, and Dr. McIntire, Plaintiff Avoyan shall appear to continue and complete the IME. Plaintiff and Plaintiff’s counsel shall cooperate with the further examination in good faith. Defense Counsel shall also be present to assure completion of the IME in an orderly and undisrupted fashion.

· Plaintiff is claiming serious and permanent injuries from the collision, and Dr. McIntire shall have latitude in inquiring regarding the collision itself, Plaintiff’s claimed injuries/symptoms immediately following the collision and in the weeks and months thereafter, as well as current symptions/problems.

· The language in Plaintiff’s “Response and Objections” to Defendants’ demand for an IME (Young Decl., Ex. B), including the language in Parag. 9 which purports to severely restrict the examination’s scope (“no questions regarding plaintiff’s medical, accident or other history shall be asked), is an unwarranted obstruction of the Discovery process.

· The continued IME should not exceed an additional two hours. Translations shall be provided only by the certified Russian translator; Plaintiff’s counsel shall refrain from preventing or interfering with the translations provided.

· The further IME shall be held in the Attorney Conference Room of the 8th Floor of the Courthouse, which Counsel will need to reserve for use. In the event that there occurs any improper disruption of the IME, Counsel shall take a recess and appear in Dept. Orders can be made for the IME to be completed.

· In the Court’s discretion, all requests for sanctions are DENIED.