Judge: Anne Hwang, Case: 22STCV25879, Date: 2024-07-26 Tentative Ruling

Case Number: 22STCV25879    Hearing Date: July 26, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

            This case involves alleged injuries from a fall.

            Defendant Cludo K. Georgiadis (“Defendant”) now moves to compel Plaintiff Aaron Patzan’s (“Plaintiff”) appearance at a physical examination. Defendant also seeks monetary sanctions. Plaintiff opposes.

LEGAL STANDARD

“In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220, subd. (a).)¿¿ 

Code of Civil Procedure section 2032.410 provides: “If a party is required to submit to a physical or mental examination under Articles 2 (commencing with Section 2032.210) or 3 (commencing with Section 2032.310), or under Section 2016.030, but fails to do so, the court, on motion of the party entitled to the examination, may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may, on motion of the party, impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).”

DISCUSSION

Defendant brings this motion solely under Code of Civil Procedure section 2032.410, which provides the authority to impose sanctions, but not to compel an appearance. Code of Civil Procedure § 2032.250, which does provide that a defendant may move for an order compelling compliance, also requires that the motion be accompanied by a meet and confer declaration. No meet and confer efforts are described in the declaration attached to the motion. Accordingly, the motion is denied.

The Court finds that the imposition of sanctions as to either party would be unjust and declines to award monetary sanctions.

CONCLUSION AND ORDER

Accordingly, Defendant’s motion to compel Plaintiff’s physical examination is denied.

Defendant shall provide notice of the Court’s order and file a proof of service of such.