§ 2032.240.Failure to serve timely response; waiver of objections; motion for relief from waiver;
Title 4. Civil Discovery Act · Chapter 15. Physical or Mental Examination · Article 2. Physical Examination of Personal Injury Plaintiff · Enacted 2004 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2032.240 makes a plaintiff who misses the deadline to respond to an exam demand waive objections to it, subject to relief for mistake or excusable neglect, and lets a defendant move to compel response and compliance, with mandatory sanctions against the losing side and further sanctions for disobeying a compel order.
(a)If a plaintiff to whom a demand for a physical examination under this article is directed fails to serve a timely response to it, that plaintiff waives any objection to the demand. The court, on motion, may relieve that plaintiff from this waiver on its determination that both of the following conditions are satisfied:
(1)The plaintiff has subsequently served a response that is in substantial compliance with Section 2032.230.
(2)The plaintiff's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
(b)The defendant may move for an order compelling response and compliance with a demand for a physical examination.
(c)The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) 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.
(d)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 Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
Plain-English Summary
Missing the response deadline in the previous section carries a real consequence: a plaintiff who fails to serve a timely response waives any objection to the demand. That waiver is not always permanent. On the plaintiff's motion, the court may grant relief if the plaintiff has since served a response substantially complying with the response requirements, and the late response resulted from mistake, inadvertence, or excusable neglect rather than strategic delay.
Separately, the defendant has its own remedy: a motion for an order compelling both a response and compliance with the demand. Whoever loses that motion, win or lose it unsuccessfully, faces a mandatory monetary sanction, unless the court finds the losing side acted with substantial justification or that a sanction would otherwise be unjust. And if the plaintiff still disobeys a compel order after all that, the court can escalate, imposing an issue, evidence, or terminating sanction, on top of or instead of a further monetary sanction.
Frequently Asked Questions
What happens if a plaintiff doesn't respond to an exam demand on time?
The plaintiff waives any objection to the demand, though the court may relieve the plaintiff of that waiver on motion if the plaintiff later substantially complies and the delay was excusable.
What can a defendant do if the plaintiff won't respond or comply?
Move for an order compelling response and compliance with the demand.
Are sanctions automatic on a motion to compel response and compliance?
Yes. The court must impose a monetary sanction against whoever unsuccessfully makes or opposes the motion, unless that party acted with substantial justification or a sanction would be unjust.
What happens if the plaintiff still refuses after the court orders compliance?
The court may impose an issue, evidence, or terminating sanction, in addition to or instead of a further monetary sanction.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as:waiver of objections exam demandmotion to compel physical examination