Judge: Elaine W. Mandel, Case: 23SMCV04847, Date: 2024-11-25 Tentative Ruling

Case Number: 23SMCV04847    Hearing Date: November 25, 2024    Dept: P

Tentative Ruling

Youell v. Fink, Case no. 23SMCV04847

Hearing date November 25, 2024

Defendant’s Motions for Leave of Court to Conduct Further Medical Examinations

Plaintiffs Youell and Crowe sue for injuries arising out of a motor vehicle incident. Defendant previously served demands for orthopedic independent medical exams and seeks neurological IMEs. The motions are unopposed and supported by the declaration of defense counsel Lyon.

Cal. Code Civ. Proc. §2032.020(a) permits parties to conduct discovery “by means of a physical or mental examination . . . in any action in which the mental or physical condition . . . of that party or other person is in controversy in the action.”  In an action where a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff. The court shall grant a motion for additional physical examinations where good cause is shown. Cal. Code Civ. Proc. §2032.320(a).

Defendant argues plaintiffs have placed their neurological status in controversy by alleging neurological injuries as a result of the incident. Decl. Lyon para. 4, exh. B. Defendant argues further medical exams would be non-invasive and set within Los Angeles county for plaintiffs’ convenience. Defendant has demonstrated good cause, and plaintiffs do not oppose. GRANTED.