Ghanooni

Ghanooni v. Super Shuttle

Good Law
1992 Cal. App. LEXIS 17·2 Cal. App. 4th 380·3 Cal. Rptr. 2d 43·92 Daily Journal DAR 218·92 Cal. Daily Op. Serv. 233
Court of Appeal of CaliforniaJanuary 6, 1992B053894California3,339 words

Opinion

Opinion

Johnson, J.

Plaintiff and her attorney appeal from an order imposing $3,100 in sanctions against them jointly for unsuccessfully opposing a motion to compel compliance with a demand for a physical examination (Code Civ. Proc., §§ 2032, subd. (c)(7); 2023, subd. (b)(1).) We dismiss the purported appeal because the order is nonappealable.

Facts and Proceedings Below

The plaintiff, Dalia Ghanooni, is suing defendants Super Shuttle of Los Angeles and others for personal injuries she suffered on board a Super Shuttle passenger van. Plaintiff refused to submit to an X-ray examination of her back, neck and elbow which were allegedly injured as a result of defendants’ negligence. Super Shuttle made a motion to compel plaintiff to submit to the examination under section 2032, subdivision (c)(2) which provides, in relevant part, “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, provided the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive, and is conducted at a location within 75 miles of the residence of the examinee. A defendant may make this…

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