Case Number: BC558358??? Hearing Date: April 25, 2016??? Dept: 97
29
ANGEL MANALO, ROWENA MANALO, GELWIN MANALO, and JERICH MANALO,
Plaintiffs,
v.
KANISHKA WUJEGUNARATHE,
Defendant.
Case No.: BC 558358
Hearing Date: April 25, 2016
[TENTATIVE] ORDER RE:MOTION FOR ORDER THAT PLAINTIFFS ANGEL MANALO AND ROWENA MANALO APPEAR AT THEIR MEDICAL EXAMINATIONS
This is an action for personal injuries arising from a motor vehicle accident. Defendant Kanishka Wujegunarathe presently moves for an order pursuant to CCP ?? 2032.240(b) and 2032.410 requiring Plaintiffs Angel Manalo and Rowena Manalo to appear, without objections, for their independent medical examinations (?IME?).
CCP ? 2032.240(b) provides that a defendant may move for an order compelling response and compliance with a demand for a physical examination. Pursuant to CCP ? 2032.230, Plaintiffs were obligated to serve any responses to Defendant?s demand for an IME within 20 days after service of the demand. Here, Defendant served demands for IMEs on Plaintiffs on December 11, 2015. (Hackett Decl., ? 4, Exs. C-D.) Plaintiffs did not respond to the demands until January 22, 2016, more than 20 days after the demands were served on December 11, 2015. (Hacket Decl., ? 5, Exs. E-F.) Accordingly, Plaintiffs? objections to the demands are waived. (CCP ? 2032.240(a).)
Defendant is entitled to have Plaintiffs submit to their orthopedic IMEs because Plaintiffs have placed their physical conditions at issue in this action for personal injuries. (CCP ?? 2032.020, 2032.220.) Plaintiffs never stated that they would not appear on February 23, 2016. As Plaintiffs failed to serve a timely response to Defendant?s demands for IMEs and failed to appear on February 23, 2016, Defendant?s unopposed motion is granted. Plaintiffs are ordered to appear, without objections, for their IMEs within 60 days of the date of this Order.
Sanctions in the total amount of $4555.00 are imposed jointly and severally against Plaintiffs and their attorney of record. The sanctions are payable within 30 days of notice of this order.
Defendant to give notice.
***Amended Tentative***
Having received a late opposition from Plaintiffs and learning that Defendant took Plaintiffs IMEs on April 19, 2016, the Court denies the Motion for Order to Appear as moot.
However, sanctions in the total amount of $4555.00 are imposed jointly and severally against Plaintiffs and their attorney of record. The sanctions are payable within 30 days of notice of this order.
Defendant to give notice.