Case Number: BC663759 Hearing Date: January 03, 2019 Dept: 3

DANIEL RODRIGUEZ,

Plaintiff(s),

vs.

ELLISSA HUYNH, ET AL.,

Defendant(s).

CASE NO: BC663759

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTION TO COMPEL IME; IMPOSING SANCTIONS

Dept. 3

1:30 p.m.

January 3, 2019

Plaintiff filed this action against Defendants, Huynh and Doan for damages arising out of an automobile accident. On 8/07/18, Defendants propounded a notice of IME, setting Plaintiff’s examination for 9/28/18. At Plaintiff’s request, the IME was rescheduled to 11/07/18. Plaintiff again requested to continue the IME, but failed to provide alternative dates and failed to respond to requests for alternative dates. Defendants served a third notice of IME on 11/28/18, with an IME date of 1/11/19. Defendants attempted to meet and confer, and Plaintiff did not respond.

At this time, Defendants move to compel Plaintiff’s IME. Defendants also seek an order imposing sanctions. Defendants seek to compel the IME per CCP §2032.240. §2032.240 provides that, when a plaintiff fails to respond to a demand, the defendant may move for an order compelling a response to the demand and compelling compliance with the request for an exam. In light of the lack of opposition, the motion is granted. Plaintiff is ordered to appear for examination on 1/11/19 at 11:00 a.m. at the office of Steven Dennis, M.D., located at 1441 Avocado Ave., Suite 802, Newport Beach, CA 92660.

The Court notes that Defendants have set forth the proposed scope of the examination, as well as the manner, conditions, and nature of the examination, in the last prior notice of IME, and that the scope of the examination may not be expanded in connection with the compelled IME.

Defendants also seek sanctions. §2032.240(c) requires the Court to impose sanctions unless the Court finds Plaintiff acted with substantial justification or other circumstances make imposition of sanctions unjust. Plaintiff has not opposed the motion, and therefore has not shown a reason why sanctions should not be imposed.

Defendants seek sanctions in the amount of $2964.50. Defense Counsel bills at the rate of $185/hour. Defendants seek to recover 6.2 hours to draft the motion; the Court finds this excessive and awards three hours to prepare the motion. No opposition was filed and no reply was necessary. The Court awards three hours to appear at the hearing; the Court finds it is not reasonable to require Plaintiff to pay for Defendant’s choice to retain an attorney outside of Los Angeles County. The Court therefore awards a total of six hours at the rate of $185/hour, or $1110 in attorneys’ fees. The Court also awards the $60 filing fee.

Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally. They are ordered to pay sanctions to Defendants, by and through their attorney of record, in the total amount of $1170, within twenty days.

Defendants are ordered to give notice.