TENTATIVE RULING

Defendant Robert Lance’s Motion for an Order Compelling Responses and Compliance with Demand for Physical Examination is GRANTED.

The parties shall meet and confer within thirty (30) days of entry of this order to determine a date and time for Plaintiff Robert Meza to appear for an independent medical examination in the medical offices of Amandeep Bhalla, M.D., at 2760 Atlantic Avenue, Long Beach, California 90806.

Defendant Robert Lance’s Request for Monetary Sanctions is GRANTED in the reduced amount of $2,585, payable by Plaintiff Robert Meza and Plaintiff’s counsel to Defendant Robert Lance and defense counsel within thirty (30) days of entry of this order.

Defendant Robert Lance to give notice. 

REASONING

Defendant Robert Lance (“Defendant”) moves the Court for an order compelling Plaintiff Robert Meza (“Plaintiff”) to respond and comply with a demand for physical examination on the ground that Plaintiff failed to appear for November 7, 2023 and February 13, 2024 scheduled physical examination dates, despite receiving notice of the examinations.

Code of Civil Procedure section 2032.310 governs physical and mental examinations and states, in relevant part as follows:

(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.

“The court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown.” (Code Civ. Proc., § 2031.320, subd. (a).) Demonstrating good cause requires “that the party produce specific facts justifying discovery and that the inquiry be relevant to the subject matter of the action of reasonably calculated to lead to the discovery of admissible evidence.” (Vinson v. Superior Court (1987) 43 Cal.3d 833, 840.) “As a general matter, a defendant may obtain a physical or mental examination of the plaintiff . . . if the plaintiff has placed his or her physical or mental condition in controversy.” (Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 258.)

In the complaint, Plaintiff alleges he suffered bodily injury in a motor vehicle accident. (Compl., p. 4.) Thus, Plaintiff has placed his physical condition in controversy in this action. Further, the Court has reviewed the Demand for Physical Examination and finds it reasonable that Plaintiff be required to submit for a physical and orthopedic examination with respect to Plaintiff’s injuries claimed in this action, with the examination to include, but not be limited to, the taking of a complete medical history and an evaluation of the movements and ranges of motion of Plaintiff’s cervical, thoracic, lumbar spine and extremities and Plaintiff’s response in reaction to standard orthopedic tests. (Mot. Rockwell Decl. ¶¶ 6, 12, Exs. A, C.) Defendant has made efforts to meet and confer with Plaintiff and rescheduled Plaintiff’s examination, but Plaintiff has failed to appear for examination without reason. (Mot., Rockwell Decl. ¶¶ 7-15, Exs. B, D.) Accordingly, Defendant Robert Lance’s Motion for an Order Compelling Responses and Compliance with Demand for Physical Examination is GRANTED. The parties shall meet and confer within thirty (30) days of entry of this order to determine a date and time for Plaintiff Robert Meza to appear for an independent medical examination in the medical offices of Amandeep Bhalla, M.D., at 2760 Atlantic Avenue, Long Beach, California 90806.

Code of Civil Procedure section 2032.410 provides that “[i]f a party is required to submit to a physical or mental examination . . . but fails to do so, the court, on motion of the party entitled to the examination, may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction,” and “[i]n lieu of or in addition to that sanction, the court may, on motion of the party, impose a monetary sanction.” Defendant requests monetary sanctions in the amount of $2,760 for costs incurred in bringing this motion and as a result of Plaintiff’s failure to appear for a physical examination. The Court finds that monetary sanctions are proper but reduces the requested amount to $2,585, which represents $1,000 for each of the two late cancellations of the physical examination, a motion filing fee of $60, two hours spent preparing the motion at the rate of $175 per hour, and one hour spent appearing at the hearing on the motion at the rate of $175 per hour. Such sanctions are payable by Plaintiff Robert Meza and Plaintiff’s counsel to Defendant Robert Lance and defense counsel within thirty (30) days of entry of this order.