ALVARO TOVAR ET AL VS IRENE SANDOVAL RANGEL

Tentative Rulings

Case Number: ****6629    Hearing Date: December 10, 2019    Dept: 2

Tovar et al. v. Rangel

Defendant’s Motion to Allow Second Physical Examination of Plaintiff Alvaro Tovar, filed on 11/8/2019, is GRANTED. Plaintiff is ordered to appear for an orthopedic examination on 1/27/20 to be conducted by Dr. Nicholas Rose, M.D., F.A.C.S, as duly noticed by Defendant. Motion, 2:3-9. The scope of the physical examination is limited to the extremities (shoulder and knee). 

Defendant is entitled to examinations other than that described in Article 2, commencing with Cal Code Civil Procedure ; 2032.210 upon a showing of good cause. Cal Code Civil Procedure ; 2032.320(a). Defendant is not limited to one examination. Multiple examinations are permitted on a showing of good cause. Shapira v. Superior Court (1990) 224 Cal.App.3d 1249, 1255.

Defendant has shown good cause to require Plaintiff to submit to a second examination with Dr. Rose, a specialist in orthopedic injuries.

“Good cause” is established where there are specific facts justifying discovery and the inquiry is relevant to the subject matter of the action or reasonably calculated to lead to the discovery of admissible evidence. Vinson v. Superior Court (1987) 43 Cal. 3d 833, 840.

Plaintiff disclosed sprain/strain injuries to his spine, left shoulder, and left knee. Motion, Ex. A, 3:3-10. He consulted with an orthopedic surgeon for his injuries, Albert Hakimian, M.D. and Samimi Orthopedic. Id., 6:1-4. He was separately treated by a spine specialist, Gerald Alexander, M.D. Id., 5-7. Plaintiff disclosed a need for future right shoulder surgery with Samimi Orthopedic. Id. 6:15-17.

Plaintiff underwent left knee surgery for a meniscal tear on 7/17/17 and a left shoulder arthroscopy on 2/12/18 with Dr. Samimi. Id., Exs. B and D. He also underwent cervical discectomy in November 2017 with Gerald Alexander, M.D. at Orthopaedic Specialty Institute. Id., Ex. C.

Plaintiff designated his treating orthopedic surgeons, Dr. Samimi, and Dr. Hakimian, as non-retained experts. Motion, Ex. E, 3:5-6, 17-19. Therefore, Plaintiff has placed his orthopedic injuries at issue. Defendant has shown good cause for a second examination by an orthopedic surgeon. The Court thus grants the motion. Plaintiff is ordered to appear for the examination at the date, time and place as set forth in the notice.

Defendant’s Motion to Continue Trial Date Pursuant to Standing Order re Personal Injuries Procedures section 16, in Order to Allow Second Physical Examination of Plaintiff, Alvaro Tovar, filed on 11/8/2019 is GRANTED.

There is good cause to continue trial to permit the second medical examination of Plaintiff to be completed. Plaintiff has not demonstrated that the delay of trial is unreasonable or will cause substantial prejudice given that Plaintiff’s refusal to submit to a reasonable orthopedic examination resulted in the delay of trial.

The court sets the following dates:

FSC: February 19, 2020

Trial: March 4, 2020

All discovery and motion cut offs are to be calculated based on the new dates.

Moving party is ordered to give notice.

Case Number: ****6629    Hearing Date: December 05, 2019    Dept: 2

****6629 Tovar v. Rangel

On the court’s own motion, the hearing on the Motion for Order to Allow Second IME of Plaintiff and Motion to Continue Trial set for 12/5/19 is continued to 12/10/19 at 1:30 p.m. in Department SS-2. The due dates for the opposition and reply are based on the original hearing date.