Edmiston v. Superior Court

I dissent.

The majority opinion confuses two distinct statutory provisions: (1) the discretionary power of the trial court, under Code of Civil Procedure section 2032, subdivision (a) to impose protective conditions on the taking of a medical examination; and (2) the right of the parties under subdivision (b) to a written report of the examining physician’s medical findings and conclusions. In consequence of this confusion, the majority arrive at the illogical holding that videotaping of the examination, a protective condition imposed pursuant to the court’s discretion under *705subdivision (a),…