Judge: Lynne M. Hobbs, Case: 19STCV22896, Date: 2023-10-26 Tentative Ruling

Case Number: 19STCV22896    Hearing Date: October 26, 2023    Dept: 30

LAKECIA BRIGGS, et al. vs WARNER CENTER SUMMIT, LTD., A CALIFORNIA LIMITED PARTNERSHIP, et al.

Motion to Compel Plaintiff to Attend IME

TENTATIVE

Defendant's Motion to Compel Plaintiff to Attend IME is granted.  Plaintiff is ordered to attend the IME within 30 days or a date agreed to by the parties in writing. The exam must begin within 30 minutes of the scheduled time, and conclude within two hours. Moving party to give notice.

DISCUSSION

Plaintiff has placed her mental condition in controversy, thus, defendant is entitled to examine plaintiff’s mental condition. A physical or mental condition is in controversy where the specific injury or condition is the subject of the litigation. Roberts v. Superior Court (1973) 9 Cal.3d 330, 337. In this case, Plaintiff is claiming cognitive impairments due to a physical injury.  Further, the Court is satisfied that the examination will not be unduly intrusive. The Court's limitation of time ensures that the medical provider will not duplicate earlier efforts.