On 10/31/09, CalTrans noticed P's IME by Dr. Fisk and Dr. Segil for 12/3/09. D Mercedes formally "joined" in the IME request by notice served 11/3/09. No formal objection to the IME or joinder was served by P prior to the set date.
CalTrans settled and withdrew its request for IME. Mercedes, however, pressed forward, and advised P that it was moving forward w/ the scheduled 12/3/09 IMEs. P indicated that he did not intend to attend the IME because Mercedes' request was only a "joinder" to a withdrawn IME directive, but vacillated somewhat by requesting authority that the "joinder" alone was sufficient. Finally, on 12/2/09, P advised Mercedes definitively that he would not attend the scheduled IMEs, but would do so if renoticed. As a result of the IME cancellation by Mercedes on 12/2/09, Mercedes incurred cancellation fees from Dr. Fisk ($4000), Dr.Segil ($2500) and life care planner Bruno ($600). Mercedes seeks to compel P's IME and to seek sanctions.
The withdrawal of CalTrans' IME re