Judge: Kerry Bensinger, Case: 20STCV18721, Date: 2023-02-17 Tentative Ruling

Case Number: 20STCV18721    Hearing Date: February 17, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On May 15, 2020, plaintiff Arman Dayan (“Plaintiff”) commenced the instant negligence action against defendant Stanley Schuster (“Defendant”) based on a motor vehicle collision with a pedestrian.

Defendant moves the Court for an order compelling Plaintiff’s attendance at a dental examination on February 27, 2023 with Jay S. Grossman, DDS.  Plaintiff opposes.

II.          LEGAL STANDARD

CCP § 2032.220(a) states: “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a location within 75 miles of the residence of the examinee.”

CCP § 2032.310 states: “(a) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court. (b) A motion for an examination under subdivision (a) shall 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 or persons who will perform the examination. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. (c) Notice of the motion shall be served on the person to be examined and on all parties who have appeared in the action.”

CCP § 2032.320 states: “(a) The court shall grant a motion for a physical . . . examination under Section 2032.310 only for good cause shown. . . . (d) An order granting a physical . . . examination shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope, and nature of the examination. . . . (e) If the place of the examination is more than 75 miles from the residence of the person to be examined, an order to submit to it shall be entered only if both of the following conditions are satisfied: (1) The court determines that there is good cause for the travel involved. (2) The order is conditioned on the advancement by the moving party of the reasonable expenses and costs to the examinee for travel to the place of examination.” 

III.        DISCUSSION

Defendant has shown good cause for the dental examination based on Plaintiff’s deposition testimony alleging damage to five teeth which require restoration and at least one implant. Plaintiff opposes the motion arguing that it has already submitted to two other examinations, however they were not dental examinations. Plaintiff also opposes the motion based on production of dental records. However, there is good cause for an independent medical examination as well based on the alleged injuries and damages claimed.

Plaintiff argues that the examination is intrusive based on the x-rays involved. However, as Defendant points out, the most current x-rays are from the date of the accident and current x-rays are necessary to evaluate the dental injury claim.  The x-rays do not appear to be painful, protracted, or intrusive.

IV.         CONCLUSION

Defendant’s motion is GRANTED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Dated this 17^th day of February 2023