Judge: Mark E. Windham, Case: 24STLC02752, Date: 2024-06-18 Tentative Ruling

Case Number: 24STLC02752    Hearing Date: June 18, 2024    Dept: 26

State Farm v. Chavez, et al.

MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION;

REQUEST FOR TERMINATING, MONETARY AND/OR EVIDENTIARY SANCTIONS

(CCP §§ 2032.310)

ANALYSIS / TENTATIVE RULING:  

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Compel Attendance at Medical Examination is GRANTED. DEFENDANT MARIA DE JESUS CHAVEZ IS ORDERED TO APPEAR FOR AN INDEPENDENT MEDICAL EXAMINATION AT A DATE AND TIME DETERMINED BY PLAINTIFF’S COUNSEL, WITHIN 20 DAYS’ NOTICE OF THIS ORDER. DEFENDANT AND COUNSEL OF RECORD ARE ORDERED TO PAY SANCTIONS OF $1,260.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

THE TRIAL DATE OF OCTOBER 14, 2025 IS VACATED AND AN ORDER TO SHOW CAUSE REGARDING STATUS OF ARBITRATION IS SET FOR DECEMBER 17, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Discussion

On April 16, 2024, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action by a Petition for Case Number for Protective Order pursuant to Cal. Insurance Code section 11580.2. Due to clerical error, the action was set for trial as if the action were based on a complaint. Accordingly, the Court vacates the October 14, 2025 trial date and sets an order to show cause regarding status of arbitration for December 17, 2024 at 9:30 am.

On May 24, 2024, Plaintiff filed the instant Motion to Compel Attendance at Medical Examination. No opposition has been filed to date.

Discussion

Plaintiff moves to compel Defendant Maria De Jesus Chavez’s (“Defendant”) attendance at an independent medical examination (“IME”) pursuant to Code of Civil Procedure section 2032.220, which states in relevant part: “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220, subd. (a).) Here, Defendant seeks to recover damages for injuries sustained in a motor vehicle accident that occurred in December 2019, making the provisions of section 2032.220 applicable in the uninsured motorist arbitration proceeding.

Plaintiff may move to compel Defendant’s attendance at the IME pursuant to Code of Civil Procedure section 2032.250, which states: “If a defendant who has demanded a physical examination under this article, on receipt of the plaintiff's response to that demand, deems that any modification of the demand, or any refusal to submit to the physical examination is unwarranted, that defendant may move for an order compelling compliance with the demand.”  Such a motion to compel is subject to the meet and confer declaration requirement of Section 2016.040.  (Code Civ. Proc., § 2032.250, subd. (a).)

The Motion is supported by a declaration demonstrating a meet and confer effort regarding Defendant’s IME after they failed to appear for two separately noticed examinations. (Motion, Tseng Decl., ¶¶4-9 and Exhs. A-F.) No opposition to the instant Motion has been filed by Defendant justifying their failure to submit to an IME. Therefore, Plaintiff in entitled to an order compelling Defendant’s attendance. Also, Plaintiff requests sanctions of $2,060.00 based on five hours of attorney time billed at $400.00, plus $60.00 in costs. (Motion, Tseng Decl., ¶9.) As no opposition has been filed, however, the sanctions are reduced to $1,260.00.

Conclusion

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Compel Attendance at Medical Examination is GRANTED. DEFENDANT MARIA DE JESUS CHAVEZ IS ORDERED TO APPEAR FOR AN INDEPENDENT MEDICAL EXAMINATION AT A DATE AND TIME DETERMINED BY PLAINTIFF’S COUNSEL, WITHIN 20 DAYS’ NOTICE OF THIS ORDER. DEFENDANT AND COUNSEL OF RECORD ARE ORDERED TO PAY SANCTIONS OF $1,260.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

THE TRIAL DATE OF OCTOBER 14, 2025 IS VACATED AND AN ORDER TO SHOW CAUSE REGARDING STATUS OF ARBITRATION IS SET FOR DECEMBER 17, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.