Case Number:
19STCV28855
Hearing Date:
January 19, 2021
Dept:
M


CASE NAME:

Alessia Gottlieb v. The Vons Companies Inc., et al.

CASE NO.:

19STCV28855

MOTION:

Defendant The Vons Companies, Inc.’s Motion to Compel Independent Medical Examination

HEARING DATE:


1/19/2021

LEGAL STANDARD

In a personal injury action, “any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. [and]

(2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220(a).). In addition, “A defendant may make a demand under this article without leave of court after that defendant has been served or has appeared in the action, whichever occurs first.” (Code Civ. Proc., § 2032.220(b).).



“If a defe