Long

This appeal involves discovery. Plaintiffs Evelyn Long and John Long sued Government Employees Insurance Company (GEICO), alleging damages for personal injuries suffered by Evelyn resulting from Donald Hopster’s negligence.

The parties agreed to arbitration, with Thomas W. Hauser as arbitrator.

By further agreement, Evelyn was to be physically examined by Howell E. Wiggins, M.D., a physician, acting for GEICO. Her attorney, a court reporter, her husband and her personal physician accompanied her to Dr. Wiggins’ offices on September 25, 1973. All were present without objection during Dr. Wiggins’ preliminary questioning of Evelyn. Dr. Wiggins, however, forbad Evelyn’s personal physician to be present during the physical examination which was to be conducted in another room. For this reason the examination did not take place.

On January 9, 1974, Hauser ordered Evelyn to submit to an examination by Dr. Wiggins without the accompaniment of her personal physician during any portion of the examination. The Longs refused, and petitioned this court for a writ of mandate to countermand Hauser’s order. We denied the petition without opinion. They next petitioned the superior…