Judge: Lynne M. Hobbs, Case: 21STCV16714, Date: 2023-10-13 Tentative Ruling

Case Number: 21STCV16714    Hearing Date: October 13, 2023    Dept: 30

ANTONIO RAMIREZ, et al. vs TARA LEE BAUER

Motion to Compel IME of Antonio Ramirez
Motion to Compel IME of Alexander Ramirez

TENTATIVE

The Motions to Compel Plaintiffs to submit to a physical examination are DENIED. Moving party to give notice.

DISCUSSION

Defendant moves to compel Plaintiffs pursuant to §§2032.020(a) and 2032.410. However, Defendant’s motion indicates that Plaintiffs failed to appear for the noticed physical examinations. Thus, Defendant can compel examinations under CCP § 2032.250(a). This statute states that a when a defendant demands a physical examination and plaintiff’s refuse to do so, which refusal is unwarranted, the defendant may move to compel compliance. However, the motion must be accompanied by a meet and confer declaration. Defendant has failed to include a meet and confer declaration pursuant to CCP § 2016.040. In the Declaration of Dan Tusa, counsel indicates that the notice was served for the examination, and emailed Plaintiff’s counsel a reminder on 7/28/2023 for the 7/31/2023 examination. (Dec. Tusa, ¶ 6.) Counsel only indicates that after Plaintiffs failed to appear, Plaintiff’s counsel was notified of the failure. (Id. at ¶ 7.) This is insufficient to constitute a meet and confer.

Also, this motion is really two motions -- one for each Plaintiff.  As such, there should have been two motions filed and two filing fees paid.