michael samuel orrin, jr., Plaintiff, v. ananth sundaralingham, Defendant.

Case No.: BC609414

Hearing Date: December 21, 2018

[TENTATIVE] order RE:

Motion to compel second independent medical examination

BACKGROUND

Plaintiff Michael Samuel Orrin, Jr. (“Plaintiff”) sued Defendant Ananth Sundaralingham (“Defendant”) based on injuries he sustained in a motor vehicle collision. Defendant requests an order compelling Plaintiff to submit to a second physical examination by Scott K. Foreman, M.D. The motion is denied.

Legal Standard

When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is permitted to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).) If the defendant seeks to obtain an additional physical examination of the plaintiff, the defendant must obtain