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0405 A plaintiff who refused to submit to X-rays by defendant's medical expert because of fear of radiation is subject to sanctions unless the fear is shown to be justified, but unless plaintiff's attorney advised plaintiff to refuse, the attorney is not subject to sanctions; sanctions imposed against the plaintiff should be designed to compensate D for expenses resulting from plaintiff's refusal, but should not constitute a fine imposed to punish plaintiff for non-compliance.CitationGHANOONI v SUPER SHUTTLE (Fear of X-ray) 20 CA4 256 [See: CCP 2023, 2032]
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