Judge: Richard Y. Lee, Case: 30-2019-01074499, Date: 2022-09-29 Tentative Ruling

Defendant Loan Nguyen Vyas (“Defendant”) moves to compel a physical examination of Plaintiff Andrea Greenway (“Plaintiff”) within 30 days due to Plaintiff’s failure to attend a previously set examination.  Defendant also requests monetary sanctions against Plaintiff in the amount of $1,032.00.

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. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.  (Code Civ. Proc., § 2023.250(a).)

The Court finds that Defendant has satisfied the meet and confer requirement prior to filing this Motion.  (See Declaration of Marc Lafer (“Lafer Decl.”), Exs. C and D.)

Plaintiff was served with a demand for a physical examination which was to take place on June 6, 2022 by Dr. Steven C. Dennis, an orthopedic specialist.  (Lafer Decl., ¶ 2.)  Plaintiff did not object to the examination but when the date for the examination came, she failed to appear.  (Lafer Decl., ¶¶ 3-4.) 

Plaintiff alleges physical injuries in this action as a result of a vehicle collision.  Defendant is therefore entitled to a physical examination of Plaintiff.  (Code Civ. Proc., § 2031.210.)  The Court finds Plaintiff’s refusal to submit to a physical examination to be unwarranted.  Therefore, the Court GRANTS Defendant’s unopposed Motion to Compel and ORDERS Plaintiff to attend and submit to a physical examination on October 20, 2022 at 9:00 a.m. at 1501 Westcliff Drive, Suite 325, Newport Beach, California 92660.  The examination shall be conducted by Dr. Steven C. Dennis.

The court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand for a physical examination, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.  (Code Civ. Proc., § 2023.250(b).)

The Court finds no substantial justification for Plaintiff’s refusal to appear for examination.  Thus, the Court GRANTS Defendant monetary sanctions against Plaintiff in the amount of $1,032.00.

Defendant to give notice.