Judge: Christopher K. Lui, Case: 22STCV38418, Date: 2024-05-24 Tentative Ruling

Case Number: 22STCV38418    Hearing Date: May 24, 2024    Dept: 76

            Plaintiff alleges that she was harassed, retaliated against, and ultimately fired from her employment after she reported unsafe working conditions and a sexual relationship between two colleagues taking place at her worksite.

            Defendant County of Los Angeles moves to compel a mental examination of Plaintiff.

TENTATIVE RULING

            Defendants County of Los Angeles’ motion to compel Plaintiff’s mental examination is DENIED without prejudice.

ANALYSIS

Motion To Compel Mental Exam 

            Defendant County of Los Angeles moves to compel a mental examination of Plaintiff.

            Civ. Proc. Code, § 2032.020(a) provides in relevant part:

(a) Any party may obtain discovery, subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by means of a . . . mental examination of (1) a party to the action, . . . in any action in which the mental . . . condition . . . of that party . . .  is in controversy in the action.

     (Civ. Proc. Code § 2032.020(a).)

            Civ. Proc. Code, § 2032.310 provides:

(a) If any party desires to obtain discovery by . . . a mental examination, the party shall obtain leave of court.

(b) A motion for an examination under subdivision (a) 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 meet and confer declaration under Section 2016.040.

(c) Notice of the motion shall be served on the person to be examined and on all parties who have appeared in the action.

(Code Civ. Proc., § 2032.310.)

            Civ. Proc. Code, § 2032.320 provides in pertinent part:

(a)  The court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown.

. . .

(d)  An order granting a physical or mental examination shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope, and nature of the examination.

. . .

(Civ. Proc. Code, § 2032.320(a) & (d).)

Civ. Proc. Code, § 2032.020(c)(1) provides:

“A mental examination conducted under this chapter 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.” 

(Code Civ. Proc, § 2032.020(c)(1)[bold emphasis added].)

            The motion does not set forth the information required by Civ. Proc. Code, § 2032.310(b). Moreover, the qualifications of Dr. Thames are not set forth such that the Court can determine that he meets the requirements of Civ. Proc. Code, § 2023.020(c)(1).)

            As such, the motion to compel Plaintiff’s mental examination is DENIED without prejudice.