Judge: John C. Gastelum, Case: 19-01070489, Date: 2022-08-23 Tentative Ruling

Ventura-Regalado    v.   Munoz

Ruling:  Off Calendar – no hearing will be held.  Moving Party file a Notice to Withdrawal on 06/30/2022.

Trial Setting Conference hearing 08/29/2022 at 8:45 AM C11

(1) Motion to Compel Physical/Mental Examination (2) TSC

Tentative Ruling:  Defendant’s Motion to Compel a Second Medical Examination of Plaintiff Michelle Ventura (“Plaintiff”) is GRANTED.  Pursuant to Code of Civil Procedure section 2032.310, the Court finds good cause exists for Plaintiff to be examined by Dr. Ranjan Gupta on August 23, 2022 at 8 am at 1640 Newport Blvd., Suite 230, Costa Mesa, CA 92627.  The examination is limited to four hours, not including breaks.  The scope of the examination is limited to Plaintiff’s alleged injuries, including her alleged thoracic outlet syndrome.

More than two years have passed since Plaintiff was subject to a medical examination by Defendant’s expert relating to her injuries at issue in this lawsuit.  The first examination took place on April 21, 2020. 

Since the first medical examination, Plaintiff has received significant medical treatment for her alleged injuries.  Based on the supplemental medical records Plaintiff served on February 16, 2022 and April 15, 2022, Plaintiff sought additional treatment for her alleged injuries in August of 2020.  This treatment continued into 2022. 

Plaintiff’s February 16, 2022 and April 15, 2022 supplemental productions were served after defense expert’s deposition on February 9, 2022 and well after the first IME on April 21, 2020.  Thus, defense experts were not afforded the opportunity to examine or form their opinions based on these medical records because these records were not yet disclosed.

As suggested by Plaintiff’s supplemental discovery responses, it is possible that Plaintiff’s alleged injuries have changed in the two years that have passed since Plaintiff’s first medical examination.  Defendant should be afforded the opportunity to examine any changes to Plaintiff’s injuries in the two years since her first examination.

Defendant identified Dr. Ranjan Gupta as a retained expert in its January 11, 2022 expert disclosure.

As such, good cause exists to GRANT Defendant’s Motion to Compel a Second Medical Examination of Plaintiff Michelle Ventura.

Prevailing party to give notice.