One of the greatest tools a defendant has is the ability to require a physical or mental examination of a plaintiff (“IME”). Following a defense medical examination, a defendant is obligated to produce the IME report upon plaintiff’s written request. However, this also provides the perfect opportunity for a defendant to obtain early disclosure of vital information regarding the identity of plaintiff’s experts and opinions and reports from those experts.

Reasonable value of medical services is the amount paid rather than the amount billed for both past (Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th, 541, 556) and future (Corenbaum v. Lampkin (2013) 215 Cal.App.4th 1308, 1330) medical treatment. Further, damages need to be reasonably certain to be recoverable. Cal. Code Civ. Proc.§§3283, 3359. So how does one establish or challenge future damages and the reimbursement rate likely paid?

Police immunity from injuries incurred by innocent bystanders is not automatic as the public agency entity must comply with §17004.7(b)(1) of the Vehicle Code, which states the entity must adopt and promulgate a written policy regarding pursuits and provide regular and periodic training to its officers on those policies. This is also supported by the recent decision in Morgan v. Beaumont Police Department (2016) 246 Cal.App.4th 144.