California Code of Civil Procedure

§ 2032.240

CCP § 2032.240 Effective Jan 1, 2005Title 4 · Part 4 · Ch. 15 · Art. 2

Statute text

(a)If a plaintiff to whom a demand for a physical examination under this article is directed fails to serve a timely response to it, that plaintiff waives any objection to the demand. The court, on motion, may relieve that plaintiff from this waiver on its determination that both of the following conditions are satisfied:

(1)The plaintiff has subsequently served a response that is in substantial compliance with Section 2032.230.

(2)The plaintiff’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.

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Legislative history

Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.