Judge: Daniel M. Crowley, Case: 21STCV11374, Date: 2023-01-24 Tentative Ruling

Case Number: 21STCV11374    Hearing Date: January 24, 2023    Dept: 28

Defendants Kiana Cagan and Sherry Cagan’s Motion for Leave to Conduct IMEs

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

BACKGROUND

On March 24, 2021, Plaintiffs Jessica Molloy (“Molloy”), Darryle Moss (“Darryle”) and Theresa Moss (“Theresa”) filed this action against Defendants Kiana Cagan (“Kiana”) and Sherry Cagan (“Sherry”) for motor vehicle negligence and general negligence.

On January 18, 2022, Defendants filed an answer.

On October 26, 2022, Defendants filed a Motion to Compel Plaintiffs’ IMEs to be heard on January 24, 2023. On January 10, 2023, Plaintiffs filed an opposition.

Trial is currently set for April 12, 2023.

PARTY’S REQUESTS

Defendants request the Court compel Plaintiffs to appear for an independent mental exam. Defendants request that Darryle appear for exams with Dr. Macyszyn, Dr. Ludwig and Dr. Stenquist, that Paris appear for exams with Dr. Nagelberg and Dr. Ludwig, and that Jessica appear for exams with Dr. Kay, Dr. Nagelberg and Dr. Ludwig.

Plaintiffs request the motion be denied as moot.

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

Plaintiffs’ opposition states that parties have arrived at an agreement as to the IMEs. Plaintiffs submitted an exhibit in which Defendants’ attorney requested their assistant take the motion off calendar. Defendants did not submit a reply indicating that this is inaccurate. The Court finds the motion moot.

CONCLUSION

Defendants Kiana Cagan and Sherry Cagan’s Motion for Leave to Conduct IMEs is DENIED as MOOT.

            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.