Judge: Steven A. Ellis, Case: 22STCV16658, Date: 2025-01-22 Tentative Ruling

Case Number: 22STCV16658    Hearing Date: January 22, 2025    Dept: 29

Reynaga-Sanchez v. Villalon
22STCV16658
Defendants’ Motion for Leave to Conduct a Physical (Neurological) Examination of Plaintiff
Defendant’s Motion for Leave to Conduct a Physical (Otolaryngological) Examination of Plaintiff

Tentative

The Court will call this matter.

The Court has a threshold issue as to whether there has been an adequate meet and confer.  The moving party¿must support a motion for leave to conduct additional physical examination with a meet and confer declaration.  (Code Civ. Proc., § 2032.310, subd. (b).) A meet and confer declaration must state facts “showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.”¿ (Code Civ. Proc., § 2016.040.)¿¿The declaration of counsel for the moving party is quite summary in this regard.

The Court also notes that Plaintiff’s opposition was filed late, and as a result Defendants’ reply was also (understandably) late. 

The Court’s tentative ruling is to continue the hearings to February 3, 2025, when another discovery motion in this case is also set for hearing; to consider Plaintiff’s late-filed opposition; and to grant Defendants’ leave to file a supplemental reply no less than five court days before the hearing.

Moving party to give notice.