Judge: Daniel M. Crowley, Case: 20STCV49331, Date: 2022-09-30 Tentative Ruling
Case Number: 20STCV49331 Hearing Date: September 30, 2022 Dept: 28
Defendant Veganush Vanessa Frynzyna’s Motion to Compel Plaintiff Marvin Guerrero Gomez’s Independent Medical Exam.
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On December 28, 2020, Plaintiffs Marvin Guerrero Gomez (“Gomez”) and Helen Cruz de Guerrero (“de Guerrero”) filed this action against Defendant Veganush Vanessa Frnzyan (“Defendant”) for motor vehicle negligence and general negligence.
On May 21, 2021, Defendant filed an answer.
On August 29, 2022, Defendant filed a Motion to Compel IME of Gomez to be heard on September 30, 2022.
Trial is currently scheduled for Apri, 2023.
PARTY’S REQUESTS
Defendant requests the Court compel Gomez to appear for an IME with Raed Ali, M.D., Orthopedic Surgeon, at 2720 N. Harbor Blvd. #210, Fullerton, CA, 92835 within 30 days of the hearing on the motion. Defendant also requests the Court impose sanctions totaling $461.65 on Gomez, to be paid within 30 days of the hearing on the motion.
LEGAL STANDARD
A defendant may demand one physical examination of the plaintiff in applicable personal injury cases, so long as the examination is not pain or intrusive and within 75 miles of the examinee’s place of residence. Code of Civil Procedure § 2032.220. Within 20 days of being served with the demand, the plaintiff served will respond either with intent to comply or refuse, and if the latter, provide reasons for the refusal. CCP § 2032.230.
California Code of Civil Procedure § 2023.030(a) provides that “[t]he court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct.” According to CCP §2023.010(d), misuse of the discovery process includes “failing to respond or to submit to an authorized method of discovery.”
DISCUSSION
Plaintiffs allege that as a result of the subject incident he suffered personal injuries. On May 17, 2022, Defendant served a Demand for Physical Examination set for June 30, 2022, with Raed Ali, M.D. Gomez did not appear for the scheduled IME and did not alert anyone of a need to reschedule. Gomez had yet to provide any other dates for the IME. Given that Defendant is entitled to take a physical examination of relevant injuries, the Court grants the motion.
Defendants request sanctions totaling $461.65 based upon 2 hours of attorney’s work at a rate of $200.00 per hour and 1 $60.00 filling fee. Attorney’s work is based one 1 hour preparing the motion and 1 hour appearing at the hearing on the motion. The Court finds this request reasonable and grants it in full.
CONCLUSION
Defendant Veganush Vanessa Frynzyna’s Motion to Compel Plaintiff Marvin Guerrero Gomez’s Independent Medical Exam. is GRANTED. Gomez is ordered to appear for an IME with Raed Ali, M.D., Orthopedic Surgeon, at 2720 N. Harbor Blvd. #210, Fullerton, CA, 92835 within 30 days of the hearing on the motion.
Defendant Veganush Vanessa Frynzyna’s Request for Sanctions is GRANTED. The Court imposes $461.65 in sanctions on Gomez and Gomez’s counsel to be paid to Defendant within 30 days of the hearing on this motion.
Moving party is ordered to give notice of this ruling.
Moving Party is ordered to file the proof of service of this ruling with the Court within five days.
The parties are directed to the header of this tentative ruling for further instructions.