Motion to Compel Attendance at a Physical Examination
Having considered the moving, opposing, and reply papers, the Court rules as follows.
BACKGROUND
On April 11, 2018, Plaintiff James Hovorka (“Plaintiff”) filed a complaint against Defendants Nyrie Salri Dikijian and Khajag Dikijian (“Defendants”). Plaintiff alleges motor vehicle and general negligence for an automobile-pedestrian collision that occurred on May 5, 2016.
On October 23, 2018, the Court struck punitive damages from the complaint.
On June 9, 2020, Defendants filed a motion to compel Plaintiff’s attendance at a physical examination pursuant to California Code of Civil Procedure section 2032.250.
On June 10, 2020, the Court scheduled the hearing on the motion to compel Plaintiff’s attendance at a physical examination for August 3, 2020.
Trial is set for February 24, 2021.
PARTIES’ REQUESTS
Defendants ask the Court to compel Plaintiff to appear for a physical examination due to Plaintiff’s failure to submit to a ph
Hearing Date
August 03, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Motion to Compel Attendance at a Physical Examination
Having considered the moving, opposing, and reply papers, the Court rules as follows.
BACKGROUND
On April 11, 2018, Plaintiff James Hovorka (“Plaintiff”) filed a complaint against Defendants Nyrie Salri Dikijian and Khajag Dikijian (“Defendants”). Plaintiff alleges motor vehicle and general negligence for an automobile-pedestrian collision that occurred on May 5, 2016.
On October 23, 2018, the Court struck punitive damages from the complaint.
On June 9, 2020, Defendants filed a motion to compel Plaintiff’s attendance at a physical examination pursuant to California Code of Civil Procedure section 2032.250.
On June 10, 2020, the Court scheduled the hearing on the motion to compel Plaintiff’s attendance at a physical examination for August 3, 2020.
Trial is set for February 24, 2021.
PARTIES’ REQUESTS
Defendants ask the Court to compel Plaintiff to appear for a physical examination due to Plaintiff’s failure to submit to a ph