Case Number: BC568425??? Hearing Date: May 10, 2016??? Dept: 98
EYTAN LANDAU, et al.,
Plaintiffs,
vs.
LAURIE BELLMAN,
Defendant.
CASE NO: BC568425
[TENTATIVE] ORDER GRANTING DEFENDANT?S MOTION FOR SECOND PHYSICAL EXAMINATIONDept. 98
1:30 p.m.
May 10, 2016
On January 16, 2015, Plaintiffs Eytan Landau (?Landau?) and Tiffany Blackford filed this action against Defendant Laurie Bellman (?Defendant?) for alleged damages arising out of a January 19, 2013 vehicle collision. As a result of the collision, Landau claims that a latent, non-symptomatic arthritic disorder became acutely symptomatic, causing spasms, lack of mobility, and neck, back, and hip pain. Declaration of Michael V. Madigan, ? 2. Defendant requested that Landau submit to two physical examinations, one by an orthopedist and one by a rheumatologist. Landau refused. Defendant therefore now moves for a second physical examination of Landau.
In a case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (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. Cal. Code of Civ. Proc. ? 2032.220(a). If a party desires to obtain discovery by a physical examination other than that described above, or by mental examination, the party shall obtain leave of court. Id., ? 2032.310(a). The court shall grant a motion under Section 2032.310 only for good cause shown. Id., ? 2032.320(a).
Defendant has demanded a physical examination of Landau by orthopedic surgeon, A. Nick Shamie, M.D., regarding Landau?s neck, back, and hip injury claims. Defendant contends there is good cause for a second physical examination of Landau by rheumatologist, Peng Thim Fan, M.D. because Landau?s injury claims involve two separate fields of medical expertise and he has received treatment from both rheumatologists and an orthopedist. Defendant argues that she will be unable to prepare for trial without the second physical examination, as Landau has been treating with chiropractors for orthopedic injuries and Landau has not agreed to limit trial testimony to one field of expertise.
Landau opposes a second physical examination, contending that an examination by an orthopedist would be superfluous. Landau was seen by an orthopedist on September 25, 2013. Declaration of David C. Byers, ? 3. Counsel for Landau has represented to Defendant that he will not be using that orthopedist for Landau?s claims. Id., ? 4. As Landau was only seen by an orthopedist once for injuries arising out of the incident underlying this action and will not be relying on an orthopedist at trial, he asserts that there is no good cause for a second physical examination.
The Court finds that good cause exists to allow Defendant two physical examinations of Landau, one by a rheumatologist and the other by an orthopedist, as Landau has been receiving treatment for orthopedic injuries. Therefore, Defendant?s Motion is GRANTED. Landau is ordered to submit to an additional physical examination, to be conducted by Peng Thim Fan, M.D., on June 10, 2016 at 11:00 a.m. at 12660 Riverside Drive, Suite 200, North Hollywood, California 91607. The examination is to be conducted for the purpose of determining, evaluating, and assessing Landau?s physical condition and claims of injury relative to this action and shall be consistent with the practices of rheumatologists in Southern California, consisting of procedures and tests routinely used by physicians examining patients for conditions such as those alleged by Landau.
Dated this 10th day of May, 2016
Hon. Holly J. Fujie
Judge of the Superior Court