Judge: Daniel M. Crowley, Case: 21STCV01782, Date: 2023-02-17 Tentative Ruling

Case Number: 21STCV01782    Hearing Date: February 17, 2023    Dept: 28

Defendant Jaeger Sports Academy, Inc.’s Motion for Leave to Conduct Additional Physical Exam

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On January 15, 2021, Plaintiff Elliott Layne (“Plaintiff”) filed this action against Defendant Jaeger Sports Academy, Inc. (“JSA”) for general negligence and products liability. Plaintiff amended the complaint to include Defendants SML, Inc. (“SML”) and Vassar College (“Vassar”).

On March 3, 2021, JSA filed an answer and the Cross-Complaint against Cross-Defendant SML for indemnity, contribution and apportionment, and declaratory relief. JSA amended the Cross-Complaint to include Cross-Defendant Vassar. On May 24, 2021, SML filed an answer. On March 18, 2022, Vassar filed an answer.

On December 30, 2021, SML filed an answer.

On July 5, 2022, Vassar filed an answer.

On November 15, 2022, JSA filed a Motion for Leave to Conduct Additional Physical Exam to be heard on February 17, 2023.

Trial is currently set for January 23, 2024.

PARTY’S REQUESTS

JSA requests the Court compel Plaintiff to appears for an independent mental exam with ophthalmologist Alena Reznik, MD, Glaucoma Care Center, 1401 Avocado Avenue, Suite 302, Newport Beach, CA 92660.

LEGAL STANDARD

Code of Civil Procedure §2032.310 (a) requires a party to obtain leave of court if it wishes to obtain discovery by an additional physical exam or any mental exam. Subdivision (b) provides that a motion shall “...specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” Such a motion may only be granted on good cause shown.  (CCP §2032.320(a).)

DISCUSSION

Plaintiff alleges that, as a result of the subject incident, he has suffered from injuries to his eye and may develop glaucoma. Plaintiff testified at his deposition he had been told he was at a high risk of glaucoma due to said injuries. Plaintiff has put potential injuries and symptoms at issue that an ophthalmologist could evaluate, meaning there is good cause for such an IME.

JSA has provided the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty of the person to perform the examination. The Court grants the motion. JSA’s initial time for the exam has passed, so the Court orders parties to set an exam for the next 30 days.

CONCLUSION

Defendant Jaeger Sports Academy, Inc.’s Motion for Leave to Conduct Additional Physical Exam is GRANTED. Plaintiff is ordered to appear for an independent mental exam with ophthalmologist, Alena Reznik, MD, Glaucoma Care Center, 1401 Avocado Avenue, Suite 302, Newport Beach, CA 92660, within 30 days of the hearing on the 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.