Judge: Gary I. Micon, Case: 23CHCV00376, Date: 2024-08-23 Tentative Ruling

Case Number: 23CHCV00376    Hearing Date: August 23, 2024    Dept: F43

Edward Reina vs. Lorena Flavia Ferrari, et al.

Trial Date: 8-11-2025

MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION

MOVING PARTY: Defendants Lorena Flavia Ferrari and Luis D. Jimenez

RESPONDING PARTY: Plaintiff Edward Reina

RELIEF REQUESTED

An order compelling Plaintiff to submit to an independent medical examination.

RULING: Motion is denied as moot.

SUMMARY OF ACTION

On June 13, 2024, Defendants Lorena Flavia Ferrari and Luis D. Jimenez (Defendants) filed this motion to compel Plaintiff Edward Reina (Plaintiff) to submit to an independent medical examination. They claimed that it was necessary to file this motion because Plaintiff failed to appear for a previously scheduled examination. Defendants have also requested sanctions.

On August 12, 2024, Plaintiff filed an opposition to Defendants’ motion. In Plaintiff’s opposition he indicated that he did not appear for the previously scheduled examination because he was ill. Plaintiff also argues that Defendants failed to meet and confer before filing this motion. Finally, Plaintiff indicates that this motion is moot because the Defense Medical Exam took place on July 16, 2024.

No reply has been filed.

Because the examination has taken place and no reply has been filed to indicate otherwise, this motion is denied as moot. No sanctions will be awarded on the motion.

Moving party to give notice.