Judge: Donald F. Gaffney, Case: Lepou v. Verduzco, Date: 2022-08-03 Tentative Ruling

TENTATIVE RULING 

Motion to Compel Independent Medical Examination

Defendant Vasoking de Mexico (Doe 1) moves to compel the independent medical examination of Plaintiff Victoria Lynn Lepou. The hearing is CONTINUED to 8/31/22 in this Department at 9:00am for Moving Defendant to comply with Section 2031.310(b).

A motion for examination must 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(s) who will perform the examination. (Code Civ. Proc., § 2032.310(b).)

Here, the motion does not adequately specify the proposed time of examination.  The motion merely indicates that the examination be “on the first date available for Dr. Shabo.”

No later than nine (9) court days before the continued hearing, Defendant shall file an amended notice of motion specifying the proposed time of examination.

Should Plaintiff wish to respond to the amended notice of motion, Plaintiff shall file a response no later than five (5) court days before the continued hearing.

Moving Defendant to give notice.