Judge: Blaine K. Bowman, Case: 37-2021-00038164-CU-PA-CTL, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 27, 2024

06/28/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  PI/PD/WD - Auto Discovery Hearing 37-2021-00038164-CU-PA-CTL SANDIFER VS THOMAS GRUNOW CONSTRUCTION INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Thomas Grunow Construction, Inc. and James Higgins' motion to compel Plaintiff's medical examination is GRANTED.

Based on Plaintiff's opposition, it appears that Plaintiff agreed to a medical examination with Defendants' neurologist Jonathan A. Schleimer, M.D., but that Plaintiff became ill the day before the May 14, 2024, scheduled examination and did not appear for the examination on that date. Plaintiff submits evidence that Plaintiff immediately attempted to reschedule the examination, but was unable to contact Dr.

Schleimer's office. Plaintiff's counsel also submits evidence that, to date, Plaintiff's counsel has not received alternative dates for the examination from Defendants' counsel. As Defendants have not filed a reply, Defendants offer no evidence to the contrary. In light of Plaintiff's agreement to attend the examination as noticed by Defendants, the court does not address the issues Plaintiff raises as to the timing of the notice, the form of the notice and that Defendants noticed more than one medical examination without obtaining leave of court as required under CCP § 2032.310.

The court orders Plaintiff to appear for a medical examination with Dr. Schleimer at a mutually agreeable date and time within 20 days of this ruling.

Defendants' request for sanctions is GRANTED IN PART. CCP § 2025.480(j). In opposition Plaintiff contests the issue of whether Defendants have had to pay Dr. Schleimer's cancellation fee. The court finds the Declaration of Elysa Houze-Benson, signed under penalty of perjury, stating that Defendants' counsel incurred a $750.00 cancellation fee from Dr. Schleimer, sufficient to substantiate this cost. The court finds sanctions of $750.00, the amount of Dr. Schlemier's cancellation fee, reasonable and orders Plaintiff to pay sanctions in this amount to Defendants within 20 days of this ruling. Defendants also seek $608.00 in attorney's fees and costs as sanctions. The court exercises its discretion against the award of these attorney's fees and costs because the evidence before the court is that, when Plaintiff inquired about alternate dates for examination by Dr. Schleimer, Defendants' counsel failed to provide alternate dates. Had Defendants provided alternate dates, this motion may have been avoided.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue Calendar No.: Event ID:  TENTATIVE RULINGS

3135360  6 CASE NUMBER: CASE TITLE:  SANDIFER VS THOMAS GRUNOW CONSTRUCTION INC [IMAGED]  37-2021-00038164-CU-PA-CTL the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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