MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION
TENTATIVE RULING:
Defendant Somerston Wine Co.’s motion to compel an independent medical examination under Code of Civil Procedure sections 2032.250 and 2032.320 is DENIED. These code provisions are not applicable.
Defendant’s motion to compel an independent medical examination with Dr. Harry Khasigian under Code of Civil Procedure section 2032.310 is DENIED WITHOUT
PREJUDICE. The motion is not code-compliant. A motion under this provision “shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination.” (Code Civ. Proc., § 2032.310, subd. (b).) The notice of motion only identifies the time, place, and the person who will perform the examination. There is no mention of the manner, conditions, scope, and nature of the examination. Moreover, it is contrary to the intent of the statute to allow unnamed “assi
Hearing Date
May 08, 2018
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MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION
TENTATIVE RULING:
Defendant Somerston Wine Co.’s motion to compel an independent medical examination under Code of Civil Procedure sections 2032.250 and 2032.320 is DENIED. These code provisions are not applicable.
Defendant’s motion to compel an independent medical examination with Dr. Harry Khasigian under Code of Civil Procedure section 2032.310 is DENIED WITHOUT
PREJUDICE. The motion is not code-compliant. A motion under this provision “shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination.” (Code Civ. Proc., § 2032.310, subd. (b).) The notice of motion only identifies the time, place, and the person who will perform the examination. There is no mention of the manner, conditions, scope, and nature of the examination. Moreover, it is contrary to the intent of the statute to allow unnamed “assi