Gordon v. Super. Ct.















Filed 11/17/10 Gordon v. Super. Ct. CA4/2




NOT TO BE PUBLISHED IN OFFICIAL REPORTS



California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

LILY GRACE GORDON, Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; PHIL KARROS et al., Real Parties in Interest.

E051658 (Super.Ct.No. CIVRS901667) OPINION

ORIGINAL PROCEEDINGS; petition for writ of mandate. David A. Williams, Judge. Petition granted.
Eric D. Paris & Associates and Eric D. Paris for Petitioner.
No appearance for Respondent.
Lewis Brisbois Bisgaard & Smith, Lawrence S. Rookhuyzen and Manuel U. Sarmiento for Real Parties in Interest.
The court has read and considered the record in this proceeding and has concluded that an alternative writ would add nothing to the presentation already made and would cause undue delay in resolving the matter. We therefore issue a peremptory writ in the first instance. (Code Civ. Proc., § 1088; Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 178-179; Alexander v. Superior Court (1993) 5 Cal.4th 1218, 1222-1223, disapproved on another ground in Hassan v. Mercy American River Hospital (2003) 31 Cal.4th 709, 724, fn. 4.)
BACKGROUND
Petitioner Gordon was a passenger in a vehicle involved in an auto accident. She sues for personal injuries. She is now 85 years old. She claims that she fractured her leg and cannot get around her house. Previously, she had broken her hip but claims she had sufficiently recovered to get around on her own.
Real parties in interest have demanded a physical examination to include â€