[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S PHYSICAL EXAMINATION IN CALIFORNIA

On May 22, 2017, Plaintiff Bruce Slor (“Plaintiff”) filed this action against Defendant Neyda Santos (“Defendant”) for injuries sustained in a May 26, 2015 automobile accident on the 110 freeway in Vernon, Los Angeles. Plaintiff resides in Nevada. Defendant moves to compel Plaintiff’s physical examination in California, more than 75 miles from his residence.

In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (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 of Civ. Proc., § 2032.220, subd. (a).) A defendant may make a demand for physical examination without leave of the court after that defen........