gustavo valdivia, Plaintiff, v. brenton m. gawthrop, et al., Defendants.

Case No.: BC688221

Hearing Date: August 28, 2019

[TENTATIVE] order RE:

MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION

BACKGROUND

Plaintiff Gustavo Valdivia (“Plaintiff”) filed this action against Defendants Marion Gawthorp and Brenton M. Gawthorp (“Defendants”) following a motor vehicle collision. Defendants move to compel Plaintiff to submit to an independent medical examination. The motion is granted.

Legal Standard

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

DISCUSSION

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