Judge: Malcolm Mackey, Case: 21STCV01409, Date: 2023-01-23 Tentative Ruling

Case Number: 21STCV01409    Hearing Date: January 23, 2023    Dept: 55

SANDERSON v. BROADWAY EXCHANGE BUILDING, LP             21STCV01409

Hearing Date:  1/23/23,  Dept. 55

#add-on:   MOTION FOR MEDICAL EXAMINATION.

Notice:  Okay

No Opposition

MP:  Defendant

RP:  

Summary

On 1/13/21, Plaintiff filed a Complaint.

On 3/15/21, Plaintiff filed a First Amended Complaint, alleging that defendants took forcible possession of a leased commercial premises at 221 W. 7th Street, Los Angeles, without legal process.

The causes of action are:

1. FORCIBLE ENTRY

2. FORCIBLE DETAINER.

MP Positions

Moving party requests the Court to order Plaintiff to submit to an independent mental examination, for reasons as follows:

·         Plaintiff claims emotional distress damages.

·         Plaintiff concedes that she needs to sit for an IME.

·         Plaintiff unreasonably is conditioning her IME on unrelated matters pertaining to a different action.

·         Without the results of this examination, defendant cannot adequately prepare a defense to plaintiff’s claims of injury and damage.

·         The specifics of the examination are at page 2 of the motion.

Tentative Ruling

The unopposed motion is granted, as prayed.

Except for defense physicals in personal-injury actions and stipulated examinations, judges’ orders are required for mental or physical examinations, based upon showings of good cause.  Carpenter v. Sup. Ct (2006) 141 Cal. App. 4th 249, 259;  CCP §2032.320(a).

An examination is limited to the continuing (not past) injuries or condition that are in controversy in the litigation.  CCP §2032.0202(a);  Doyle v. Sup. Ct. (1996) 50 Cal.App.4^th 1878, 1886-87.

Parties moving to compel examinations must show a reasonable and good-faith attempt to stipulate to the relief.  CCP §2032.310(b)..

A notice of motion for a mental or physical examination “‘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.’”  Carpenter v. Sup. Ct (2006) 141 Cal. App. 4th 249, 259;  CCP §2032.310(b). 

“‘An order granting a physical or mental examination shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope and nature of the examination.’”  Carpenter v. Sup. Ct (2006) 141 Cal. App. 4th 249, 259-61; CCP §2032.320(d).