Judge: Steven A. Ellis, Case: 23STCV17521, Date: 2025-01-03 Tentative Ruling

Case Number: 23STCV17521    Hearing Date: January 3, 2025    Dept: 29

Mashian v. Sweet Flower Management LLC
23STCV17521
Defendants’ Motion to Compel the Deposition of Plaintiff and also to Compel a Physical Examination of Plaintiff.

Tentative

The motion is denied without prejudice on procedural grounds.

In this one motion, Defendants seek two separate and distinct forms of relief: an order compelling Plaintiff to appear for deposition under Code of Civil Procedure section 2025.450 and an order compelling Plaintiff to comply with a demand for a physical examination under Code of Civil Procedure section 2032.250.

This is procedurally improper.  If Defendants seek two separate orders under two separate statutes relating to two separate discovery methods, they must file two separate motions, reserve two hearing dates, and pay two filing fees.

Accordingly, the motion is denied without prejudice.

Moving party to give notice.