Notice Of Motion And Defendants Motion To Compel Physical Examination Of Plaintiff
Set for Law and Motion/Discovery Calendar on Monday, April 27, 2026, Line 2. DEFENDANT GWENDOLIN KWAN's Motion To Compel Physical Examination Of Plaintiff.
Defendant's motion for a physical examination of plaintiff under CCP Section 2032.310 is GRANTED. The requested examination of plaintiff is directly relevant to the subject matter of the action, including the nature and extent of plaintiff's alleged injuries and the amount of damages. Defendant has demonstrated good cause for the travel required for the examination.
The examination of plaintiff shall take place on June 24, 2026 at 10:00 a.m. at 2855 Telegraph Avenue, Suite 303, in Berkeley, California. The examination shall be conducted by an orthopedist, Dr. David Chang, M.D., and shall include the following diagnostic tests and procedures: " Medical history of plaintiff " Diagnostic examination and manipulation of those portions of plaintiff's body in which he alleges to have suffered injury, or that are otherwise alleged to have been affected by that injury. " X-rays and/or MRI images necessary for Dr. Chang to evaluate the injuries placed in controversy by plaintiff " Laboratory tests necessary for Dr. Chang to evaluate the injuries placed in controversy by plaintiff.
Pursuant to CCP Section 2032.320(e)(2), this order is conditioned upon the advancement by defendant of the reasonable expenses and costs associated with travel to the Bay Area for the examination. Within ten days of the date of this Order, plaintiff shall provide defendant (through counsel) with an estimate of the costs of traveling to San Francisco, including airfare (coach), two days of hotel accommodations in San Francisco or Alameda County, and ground transportation, along supporting documentation
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RCD) | |