Judge: Lee S. Arian, Case: 23STCV18649, Date: 2025-04-30 Tentative Ruling

Case Number: 23STCV18649    Hearing Date: April 30, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Background

This action arises from a personal injury incident that allegedly occurred on the premises of an apartment complex located at 1444 N. Vista Street, Los Angeles, California. Plaintiff alleges that she fell due to various dangerous conditions on the property maintained by Defendants Melrose Plaza, LLC, Vista Del Rosa Apartments, and Ali Habibi. On November 20, 2024, Defendants served a notice for Plaintiff to appear for an independent medical examination with Dr. Ronald Kvitne on January 3, 2025. Plaintiff did not object to the demand. Due to scheduling conflicts, Defendants attempted to reschedule the IME to January 7, 2025, and sent multiple follow-up communications, but Plaintiff failed to respond. Plaintiff also did not appear on either scheduled date and failed to provide alternate availability. Defendants served a written meet and confer letter Plaintiff’s failure to appear, and Plaintiff did not respond to this letter.  Defendants now move to compel Plaintiff to appear for an IME scheduled for May 5, 2025.

Legal Authority

Under Code of Civil Procedure section 2032.220, a defendant may demand a physical examination of a plaintiff in a personal injury action, provided the examination does not involve intrusive or painful procedures and takes place within 75 miles of the plaintiff’s residence. If a plaintiff refuses or fails to comply with such a demand without justification, the defendant may move to compel compliance. (Code Civ. Proc., § 2032.250.) The moving party must demonstrate that the demand was properly served, that the examination was scheduled in accordance with the Code, and that the plaintiff failed to comply or respond.

Discussion

Defendants have met their burden under Code of Civil Procedure sections 2032.220 and 2032.250. The demand was timely and properly served. Plaintiff failed to serve any objections and did not respond to multiple efforts to reschedule the IME. Defendants also served a written meet and confer outlining the discovery issue and requesting Plaintiff’s availability. Plaintiff failed to respond or provide any justification for her noncompliance.

No opposition has been filed, and Plaintiff has not shown good cause for failing to appear for the IME. Defendants are entitled to obtain a physical examination of Plaintiff in order to evaluate the nature and extent of the injuries alleged. Accordingly, the motion is GRANTED. Plaintiff is ordered to appear for an independent medical examination with Dr. Kvitne on May 5, 2025, at 9:00 a.m.

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’s 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.