Ghanooni
Ghanooni v. Super Shuttle of Los Angeles
Opinion
Opinion
Johnson, J.
Plaintiff and her attorney appeal from an order awarding $3,100 in discovery sanctions to defendants. We modify and affirm the order as to the plaintiff. We reverse as to her attorney.
Facts and Proceedings Below
Plaintiff, Dalia Ghanooni, sued defendant Super Shuttle and others for personal injuries she suffered on board a Super Shuttle passenger van. Defendants served plaintiff with a demand she submit to a medical examination. (Code Civ. Proc. § 2032, subds. (a), (c).) Plaintiff appeared and submitted to part of the examination. Plaintiff refused to submit to X-rays of her back, neck, right elbow, right knee and left ankle even though she complained to the examining physician of pain in those areas. The examining physician later obtained X-rays of plaintiff’s ankle and knee.
Defendants moved for an order compelling plaintiff to submit to X-rays of her back, neck and right elbow and for sanctions against plaintiff and her attorney. Plaintiff responded through a declaration of her attorney who claimed the requested X-rays were unnecessary because the injuries to plaintiff’s back, neck and elbow were soft tissue injuries. Plaintiff’s counsel also contended plaintiff…