Judge: Lynne M. Hobbs, Case: 21STCV17930, Date: 2023-08-07 Tentative Ruling

Case Number: 21STCV17930    Hearing Date: August 7, 2023    Dept: 30

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ERICA BRIAN COWART, AN INDIVIDUAL vs MASUDA INVESTMENTS LLC, A CALIFORNIA CORPORATION
21STCV17930
Motion to Compel Compliance with Demand for Physical Examination 

Ruling:  Defendant’s motion to compel Plaintiff to submit to an IME is GRANTED.  Plaintiff is to attend the IME within 20 days, unless the parties agree in writing to another date.  The Court further orders that Plaintiff and Plaintiff’s counsel of record, Igor Fradkin and Downtown LA Law Group, jointly and severally, to pay monetary sanctions in the amount of $1,844.80 to Defendant, by and through counsel for Defendant, within 30 days of notice of the Court’s orders. Moving party to give notice.

Rationale:  
Defendant’s counsel testifies that he set Plaintiff’s IME for June 12, 2023 and Plaintiff did not respond or object to the notice. (Tilles Decl., ¶¶3-4.) After Plaintiff failed to appear for her IME, Defendant’s counsel contacted Plaintiff’s counsel regarding Plaintiff’s failure to appear for her examination and invited counsel to contact his office to discuss an informal resolution of the issue. (Tilles Decl., ¶6.) Plaintiff’s counsel did not respond. (Id.) The Court finds Plaintiff failed to respond to, object to, or otherwise appear at, the properly noticed IME, and as such shall grant Defendant’s motion to compel IME.

With respect to sanctions, the Court may make orders that are just, including the imposition of a monetary sanction. (Code Civ. Proc., section 2032.410.) Defendant incurred a $900 no-show fee as a result of Plaintiff’s failure to appear for her IME. Defendant’s counsel estimates 2.5 hours were spent preparing the instant motion, with an additional hour allocated toward appearing for the hearing, at $250 per hour. Further the filing fee for the instant motion cost $69.80. These fees are reasonable. As such, the Court shall impose monetary sanctions against Plaintiff and Plaintiff’s counsel of record, Igor Fradkin and Downtown LA Law Group, in the amount of $1,844.80, for the fees incurred by Defendant including the no show fee, filing fee, and 3.5 hours of attorney time