Case Number: BC504701    Hearing Date: July 25, 2014    Dept: 91

Defendant’s Motion for Order that Plaintiff Travel and Submit to a Physical Examination in Los Angeles and Defendant’s Motion for an Order that Plaintiff Attend Deposition in Los Angeles and for Sanctions, both filed on 6/27/14, are DENIED.

Plaintiff does not dispute Defendant’s right to take Plaintiff’s deposition or require that Plaintiff submit to a physical examination. The only issue here is whether Plaintiff should be required to travel. Both statutes governing Plaintiff’s deposition and a physical exam limit the place of examination to within 75 miles or 150 miles of Plaintiff’s residence. Cal Code Civ Proc § 2025.250; § 2032.220.

The court can order the Plaintiff to travel outside of these limitations for good cause shown and if Defendant pays for expenses. Cal Code Civ Proc § 2025.260; Cal Code Civ Proc § 2032.320.

Defendant has not shown good cause to require Plaintiff to travel to Los Angeles as there are less costly ways to accomplish both the deposition and the physical examination that do not require Plaintiff to travel and require Defendant to pay for her travel costs.

Plaintiff’s deposition can be conducted by video-conference or Skype. If Defendant retains a Hawaii physician, that expert’s deposition can also be by way of video-conference or Skype. The only expense to Defendant would be requiring the expert to travel for trial, assuming this case reaches trial. Defendant would not have to incur Plaintiff’s travel and lodging costs.

If Defendant retains a local physician, Defendant would be required to pay Plaintiff’s travel and lodging costs over the course of four days, arguably more than if Defendant simply retained a Hawaii physician.
Additionally, requiring Plaintiff to travel places the greater burden on Plaintiff because she would have to take at least four days off from work as opposed to a few hours if both the deposition and exam are conducted in Hawaii.

Both parties’ request for sanctions are denied as the imposition of sanctions would be unjust under the circumstances.