California Code of Civil Procedure Section 2032

2032.  (a) Any party may obtain discovery, subject to the
restrictions set forth in Section 2019, by means of a physical or
mental examination of (1) a party to the action, (2) an agent of any
party, or (3) a natural person in the custody or under the legal
control of a party, in any action in which the mental or physical
condition (including the blood group) of that party or other person
is in controversy in the action.
   (b) A physical examination conducted under this section shall be
performed only by a licensed physician or other appropriate licensed
health care practitioner.  A mental examination conducted under this
section shall be performed only by a licensed physician, or by a
licensed clinical psychologist who holds a doctoral degree in
psychology and has had at least five years of postgraduate experience
in the diagnosis of emotional and mental disorders.  Nothing in this
section affects tests under the Uniform Act on Blood Tests to
Determine Paternity (Chapter 2 (commencing with Section 7550) of Part
2 of Division 12 of the Family Code).
   (c) (1) As used in this subdivision, plaintiff includes a
cross-complainant, and defendant includes a cross-defendant.
   (2) 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 demand without
leave of court after that defendant has been served or has appeared
in the action, whichever occurs first.  This demand shall specify the
time, place, manner, conditions, scope, and nature of the
examination, as well as the identity and the specialty, if any, of
the physician who will perform the examination.
   (3) A physical examination demanded under this subdivision shall
be scheduled for a date that is at least 30 days after service of the
demand for it unless on motion of the party demanding the
examination the court has shortened this time.
   (4) The defendant shall serve a copy of the demand for this
physical examination on the plaintiff and on all other parties who
have appeared in the action.
   (5) The plaintiff to whom this demand for a physical examination
has been directed shall respond to the demand by a written statement
that the examinee will comply with the demand as stated, will comply
with the demand as specifically modified by the plaintiff, or will
refuse, for reasons specified in the response, to submit to the
demanded physical examination.  Within 20 days after service of the
demand the plaintiff to whom the demand is directed shall serve the
original of the response to it on the defendant making the demand,
and a copy of the response on all other parties who have appeared in
the action, unless on motion of the defendant making the demand the
court has shortened the time for response, or unless on motion of the
plaintiff to whom the demand has been directed, the court has
extended the time for response.
   (6) If a plaintiff to whom this demand for a physical examination
has been directed fails to serve a timely response to it, that
plaintiff waives any objection to the demand.  However, the court, on
motion, may relieve that plaintiff from this waiver on its
determination that (A) the plaintiff has subsequently served a
response that is in substantial compliance with paragraph (5), and
(B) the plaintiff's failure to serve a timely response was the result
of mistake, inadvertence, or excusable neglect.
   The defendant may move for an order compelling response and
compliance with a demand for a physical examination.  The court shall
impose a monetary sanction under Section 2023 against any party,
person, or attorney who unsuccessfully makes or opposes a motion to
compel response and compliance with a demand for a physical
examination, unless it finds that the one subject to the sanction
acted with substantial justification or that other circumstances make
the imposition of the sanction unjust.
   If a plaintiff then fails to obey the order compelling response
and compliance, the court may make those orders that are just,
including the imposition of an issue sanction, an evidence sanction,
or a terminating sanction under Section 2023.  In lieu of or in
addition to that sanction the court may impose a monetary sanction
under Section 2023.
   (7) If a defendant who has demanded a physical examination under
this subdivision, on receipt of the plaintiff's response to that
demand, deems that any modification of the demand, or any refusal to
submit to the physical examination is unwarranted, that defendant may
move for an order compelling compliance with the demand.  This
motion shall be accompanied by a declaration stating facts showing a
reasonable and good faith attempt at an informal resolution of each
issue presented by the motion.
   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to compel compliance with a demand for a physical
examination, unless it finds that the one subject to the sanction
acted with substantial justification or that other circumstances make
the imposition of the sanction unjust.
   (8) The demand for a physical examination and the response to it
shall not be filed with the court.  The defendant shall retain both
the original of the demand, with the original proof of service
affixed to it, and the original response until six  months after
final disposition of the action.  At that time, the original may be
destroyed, unless the court, on motion of any party and for good
cause shown, orders that the originals be preserved for a longer
period.
   (d) If any party desires to obtain discovery by a physical
examination other than that described in subdivision (c), or by a
mental examination, the party shall obtain leave of court.  The
motion for the examination shall specify the time, place, manner,
conditions, scope, and nature of the examination, as well as the
identity and the specialty, if any, of the person or persons who will
perform  the examination.  The motion shall be accompanied by a
declaration stating facts showing a reasonable and good faith attempt
to arrange for the examination by an agreement under subdivision
(e).  Notice of the motion shall be served on the person to be
examined and on all parties who have appeared in the action.
   The court shall grant a motion for a physical or mental
examination only for good cause shown.  If a party stipulates that
(1) no claim is being made for mental and emotional distress over and
above that usually associated with the physical injuries claimed,
and (2) no expert testimony regarding this usual mental and emotional
distress will be presented at trial in support of the claim for
damages, a mental examination of a person for whose personal injuries
a recovery is being sought shall not be ordered except on a showing
of exceptional circumstances.  The order granting a physical or
mental examination shall specify the person or persons who may
perform the examination, and the time, place, manner, diagnostic
tests and procedures, conditions, scope, and nature of the
examination.  If the place of the examination is more than 75 miles
from the residence of the person to be examined, the order to submit
to it shall be (1) made only on the court's determination that there
is good cause for the travel involved, and (2) conditioned on the
advancement by the moving party of the reasonable expenses and costs
to the examinee for travel to the place of examination.
   (e) In lieu of the procedures and restrictions specified in
subdivisions (c) and (d), any physical or mental examination may be
arranged by, and carried out  under, a written agreement of the
parties.
   (f) If a party required by subdivision (c), (d), or (e) to submit
to a physical or mental examination fails to do so, the court, on
motion of the party entitled to the examination, may make those
orders that are just, including the imposition of an issue sanction,
an evidence sanction, or a terminating sanction under Section 2023.
In lieu of or in addition to that sanction, the court may, on motion
of the party, impose a monetary sanction under Section 2023.
   If a party required by subdivision (c), (d), or (e) to produce
another for a physical or mental examination fails to do so, the
court, on motion of the party entitled to the examination, may make
those orders that are just, including the imposition of an issue
sanction, an evidence sanction, or a terminating sanction under
Section 2023, unless the party failing to comply demonstrates an
inability to produce that person for examination.  In lieu of or in
addition to that sanction, the court may impose a monetary sanction
under Section 2023.
   (g) (1) The attorney for the examinee or for a party producing the
examinee, or that attorney's representative, shall be permitted to
attend and observe any physical examination conducted for discovery
purposes, and to record stenographically or by audiotape any words
spoken to or by the examinee during any phase of the examination.
This observer may monitor the examination, but shall not participate
in or disrupt it.  If an attorney's representative is to serve as the
observer, the representative shall be authorized to so act by a
writing subscribed by the attorney which identifies the
representative.
   If in the judgment of the observer the examiner becomes abusive to
the examinee or undertakes to engage in unauthorized diagnostic
tests and procedures, the observer may suspend it to enable the party
being examined or producing the examinee to make a motion for a
protective order.  If the observer begins to participate in or
disrupt the examination, the person conducting the physical
examination may suspend the examination to enable the party at whose
instance it is being conducted to move for a protective order.
   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion for a protective order, unless it finds that the one
subject to the sanction acted with substantial justification or that
other circumstances make the imposition of the sanction unjust.
   If the examinee submits or authorizes access to X-rays of any area
of his or her body for inspection by the examining physician, no
additional X-rays of that area may be taken by the examining
physician except with consent of the examinee or on order of the
court for good cause shown.
   (2) The examiner and examinee shall have the right to record a
mental examination on audio tape.  However, nothing in this article
shall be construed to alter, amend, or affect existing case law with
respect to the presence of the attorney for the examinee or other
persons during the examination by agreement or court order.
   (h) If a party submits to, or produces another for, a physical or
mental examination in compliance with a demand under subdivision (c),
an order of court under subdivision (d), or an agreement under
subdivision (e), that party has the option of making a written demand
that the party at whose instance the examination was made deliver to
the demanding party (1) a copy of a detailed written report setting
out the history, examinations, findings, including the results of all
tests made, diagnoses, prognoses, and conclusions of the examiner,
and (2) a copy of reports of all earlier examinations of the same
condition of the examinee made by that or any other examiner.  If
this option is exercised, a copy of these reports shall be delivered
within 30 days after service of the demand, or within 15 days of
trial, whichever is earlier.  The protection for work product under
Section 2018 is waived, both for the examiner's writings and reports
and to the taking of the examiner's testimony.
   If the party at whose instance the examination was made fails to
make a timely delivery of the reports demanded, the demanding party
may move for an order compelling their delivery.  This motion shall
be accompanied by a declaration stating facts showing a reasonable
and good faith attempt at an informal resolution of any issue
presented by the motion.
   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to compel delivery of medical reports, unless it
finds that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of the
sanction unjust.
   If a party then fails to obey an order compelling delivery of
demanded medical reports, the court may make those orders that are
just, including the imposition of an issue sanction, an evidence
sanction, or a terminating sanction under Section 2023.  In lieu of
or in addition to those sanctions, the court may impose a monetary
sanction under Section 2023.  The court shall exclude at trial the
testimony of any examiner  whose report has not been provided by a
party.
   (i) By demanding and obtaining a report of a physical or mental
examination under subdivision (h), or by taking the deposition of the
examiner, other than under subdivision (i) of Section 2034, the
party who submitted to, or produced another for, a physical or mental
examination waives in the pending action, and in any other action
involving the same controversy, any privilege, as well as any
protection for work product under Section 2018, that the party or
other examinee may have regarding reports and writings as well as the
testimony of every other physician, psychologist, or licensed health
care practitioner who has examined or may thereafter examine the
party or other examinee in respect of the same physical or mental
condition.
   (j) A party receiving a demand for a report under subdivision (h)
is entitled at the time of compliance to receive in exchange a copy
of any existing written report of any examination of the same
condition by any other physician, psychologist, or licensed health
care practitioner.  In addition, that party is entitled to receive
promptly any later report of any previous or subsequent examination
of the same condition, by any physician, psychologist, or licensed
health care practitioner.
   If a party who has demanded and received delivery of medical
reports under subdivision (h) fails to deliver existing or later
reports of previous or subsequent examinations, a party who has
complied with subdivision (h) may move for an order compelling
delivery of medical reports.  This motion shall be accompanied by a
declaration stating facts showing a reasonable and good faith attempt
at an informal resolution of each issue presented by the motion.
   The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to compel delivery of medical reports, unless it
finds that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of the
sanction unjust.
   If a party then fails to obey an order compelling delivery of
medical reports, the court may make those orders that are just,
including the imposition of an issue sanction, an evidence sanction,
or a terminating sanction under Section 2023.  In lieu of or in
addition to the sanction, the court may impose a monetary sanction
under Section 2023.  The court shall exclude at trial the  testimony
of any health care practitioner whose report has not been provided by
a party ordered to do so by the court.
   (k) Nothing in this section shall require the disclosure of the
identity of an expert consulted by an attorney in order to make the
certification required in an action for professional negligence under
Sections 411.30 and 411.35.