Judge: Martha K. Gooding, Case: 21-01236286, Date: 2023-05-22 Tentative Ruling

Motion to Compel Physical/Mental Examination

Defendant The Beachcomber Café at Crystal Cove (“Defendant”) seeks an order compelling Plaintiff Michelle Mattos (“Plaintiff”) to appear for an orthopedic examination and for sanctions against Plaintiff in the amount of $496.50.

The Motion originally was set for hearing on 5/15/2023 but was continued to this date because Defendant’s proof of service did not comply with CCP section 1013b(b)(1), which requires the proof of service to include the electronic service address of the person making electronic service.  Defendant’s counsel appeared at the hearing and advised the Court that Plaintiff’s counsel had confirmed that it received notice of the Motion.  Nevertheless, the Court continued the hearing to permit Plaintiff an opportunity to respond and appear.  No opposition was received.

The Court now GRANTS the Motion.  Defendant showed that Defendant served the demand for a physical examination; Plaintiff responded to the demand and agreed to comply; the parties agreed on the 1/4/2023 examination date; and Plaintiff failed to appear at the examination. (Marque Decl., ¶¶ 6-8, Exhibits B and C.)

Accordingly, the Court orders Plaintiff to appear for the noticed orthopedic examination on June 5, 2023, at 1:30 p.m., as specified in Defendant’s notice.

The Court further orders Plaintiff to pay sanctions of $496.50 to Defendant within 30 days from the date of the 5/22/2023 hearing.

Defendant is ordered to give notice.