Judge: John C. Gastelum, Case: 19-01070489, Date: 2022-10-05 Tentative Ruling

(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 ________ at 8:00 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- and one-half 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 over two- and one-half years ago, Plaintiff has received significant medical treatment for her alleged.  Based on the supplemental medical records Plaintiff has provided since her examination with Dr. Triggs, Plaintiff has undergone additional treatment and procedures for her alleged injuries with an emphasis on her alleged thoracic outlet syndrome. 

While the court recognizes that Plaintiff disclosed her alleged thoracic outlet syndrome from the start of the action, the court finds that the treatment Plaintiff has received from Dr. Aaron Filler and Dr. Sheldon Jordan in the two- and one-half years since her first examination give good cause for a second examination. 

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.