Judge: Shirley K. Watkins, Case: 23VECV00213, Date: 2023-05-22 Tentative Ruling
Case Number: 23VECV00213 Hearing Date: May 22, 2023 Dept: T
23VECV00213 MERCURY INSURANCE COMPANY vs MATTHEW IAN GOREN
Mercury moves to compel medical examinations of respondent in California. The respondent lived in California and moved to Florida. The vast majority of his treating health care providers are in California. The arbitration will be conducted in California.
The court has carefully considered the request of Mercury and the objections of Mr. Goren. The fact that the statute allows the court to order examinations more than 75 miles from the home of the examinee is a recognition of the fact that sometimes it is necessary to do so.
Mr. Goren’s main objection is he shares responsibilities with the mother of his two children, ages 7 and 6 and that “I run the risk of motions being filed against me changing joint custody if I miss any time with my children.” He give no explanation why he would lose joint custody of his children if required to by court order to travel to California for 3 days for medical examinations.
The court has reviewed Mr. Goren’s family court order of 6/10/2020. Specifically, the order states that “ ‘reasonable’ timesharing with the children will take place at such time and place as the parties may agree. If the parties are unable to reach an agreement as to details of timesharing, the timesharing schedule set forth below, or any other arrangement that is determined to be appropriate, may be imposed.” (Emphasis added.) Specifically, this order anticipated that the parties would mutually cooperate in scheduling timesharing and the 6/10/2020 order is the default schedule if there is no agreement.
There is no evidence that the mother of Mr. Goren’s children would not agree to take the children for the period of August 1-3. There is no indication that Mr. Goren asked and was refused. There is no indication of any harm that would come to the children if he was gone for 2-3 calendar days. There is no evidence that he even has the children on these proposed dates. There is no evidence that Mr. Goren will lose joint custody if he has to come to California by court order for medical examinations.
The schedule proposed by Mercury is reasonable. It is entitled to have the experts of their choice. Mr. Goren does not have the ability to force Mercury to use different experts than those of its first choice. Mr. Goren does not have the ability to force Mercury’s experts to appear remotely for the arbitration.
Balancing the benefits and hardships presented by the parties, and good cause having been shown, the court orders as follows:
At petitioner's expense, respondent will travel from his home in Florida to Orlando, fly non-stop to Los Angeles on August 1, 2023, stay at a hotel at petitioner’s expense, appear for the neurological examination in Santa Monica on August 2, 2023 at 10:30 a.m. with Dr. Ludwig and an orthopedic examination at 4:45 p.m. on August 2, 2023 in West Los Angeles with Dr. Nick A. Shamie. There must be at least a 30-minute meal break between the conclusion of Dr. Ludwig’s exam and the start of Dr. Shamie’s exam. Transportation time between the two offices may not be used as meal break time. Respondent at his choice may fly back non-stop to Orlando on the evening of August 2, 2023 or on August 3, 2023 at petitioner’s expense. Petitioner is responsible for the respondent’s cost of parking in Orlando or travel to Orlando, and the transportation expenses in Los Angeles. Petitioner is to purchase the tickets both ways and will advance the costs of transportation, meals, and hotel expenses before Mr. Goren leaves for Los Angeles.
The parties are free to enter into a mutually agreed upon written alternative schedule by stipulation and court order.
The issue of Dr. High’s examination by remote is not before the court as it exceeds the scope of the motion.
The Supplemental Declaration of Mr. Goren will be filed. The custody order attached will be sealed as confidential records of the custody of minors.