Judge: Audra Mori, Case: 19STCV19561, Date: 2022-08-22 Tentative Ruling

Case Number: 19STCV19561    Hearing Date: August 22, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

1. Background

Plaintiff Katya Hernandez (“Plaintiff”) filed this action against Defendant Lauren E. Schoneman (“Defendant”) for damages arising from a motor vehicle accident. 

At this time, Plaintiff moves to compel Defendant to produce the independent medical examination report of Dr. Neeraj Gupta (“Dr. Gupta”) concerning a physical exam of Plaintiff.  The motion is unopposed. 

2. Motion to Compel Report of Dr. Gupta

CCP § 2032.610 provides:

(a) If a party submits to, or produces another for, a physical or mental examination in compliance with a demand under Article 2 (commencing with Section 2032.210), an order of court under Article 3 (commencing with Section 2032.310), or an agreement under Section 2016.030, that party has the option of making a written demand that the party at whose instance the examination was made deliver both of the following to the demanding party:

(1) A copy of a detailed written report setting out the history, examinations, findings, including the results of all tests made, diagnoses, prognoses, and conclusions of the examiner.

(2) A copy of reports of all earlier examinations of the same condition of the examinee made by that or any other examiner.

(b) If the option under subdivision (a) is exercised, a copy of the requested reports shall be delivered within 30 days after service of the demand, or within 15 days of trial, whichever is earlier.

            “If the party at whose instance an examination was made fails to make a timely delivery of the reports demanded under Section 2032.610, the demanding party may move for an order compelling their delivery. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.”  (CCP § 2032.620(a).) 

Here, Plaintiff asserts she attended a physical examination with Dr. Gupta on December 7, 2021, pursuant to a demand for a medical examination served by Defendant.  Plaintiff then served a demand for Dr. Gupta’s medical examination report on Defendant on December 8, 2021, pursuant to CCP § 2032.610.  Plaintiff avers that Defendant did not produce the report within 30 days of the demand, and that Defendant has failed to do so as of this date.  Plaintiff asserts Plaintiff attempted to meet and confer with Defendant, but Plaintiff has not received any response concerning this issue. 

The evidence shows that following Dr. Gupta’s medical examination of Plaintiff, Plaintiff served a written demand for a copy of Dr. Gupta’s detailed written report on Defendant.  (Mot. Exh. C.)  However, to date, Defendant has not served the report on Plaintiff.  Moreover, Plaintiff attempted to meet and confer with Defendant multiple times, but Defendant did not respond to any of Plaintiff’s communications. 

Therefore, Plaintiff’s motion is granted.  (CCP § 2032.620.)  Defendant is ordered to serve Dr. Gupta’s detailed written report on Plaintiff within ten (10) days. 

“The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel delivery of medical reports under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  (CCP § 2032.620(b).) 

In this case, sanctions are warranted.  The court awards Plaintiff one hour for preparing the motion and one hour for appearing at the hearing all at the reasonable rate of $200 per hour, for a total attorney fees award of $400.  Further, Plaintiff is awarded motion filing fees of $61.65 as costs. 

            Plaintiff seeks sanctions against Defendant and Defendant’s attorney of record.  Plaintiff does not describe any conduct warranting sanctions against Defendant personally.  Sanctions are imposed against Defendant’s attorney of record only.  Defendant’s counsel is ordered to pay sanctions to Plaintiff, by and through counsel of record, in the total amount of $461.65, within twenty days.

Plaintiff is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 22^nd day of August 2022