Judge: Craig Griffin, Case: Steiner v. Carver, Date: 2023-08-21 Tentative Ruling

Defendants Material Transport Services, Inc. (“MTS”) and Jose Tony Contreras (collectively, “Defendants”) Motion to Compel a Neuropsychological Mental Examination of Plaintiff

Defendants’ request a continuation of their mental examination consisting of a three hour interview and a number of tests/exams administered by Dr. Po-Haong Lu. 

Good cause is shown for that proposed mental examination, as there is no question that Plaintiff has placed his mental condition at issue per allegations that he has suffered monetary damages, humiliation, mental pain and anguish, lowered self-esteem, sleeplessness, and emotional distress as a result of his employment with MTS, and thus defendants are entitled to examine his mental condition, per CCP § 2032.020(a).  Though Plaintiff did comply with the original demand, it is undisputed that Defendants made a mistake in noticing the examination for two hours instead of five hours.  Plaintiff argues that based on a comment by Dr. Lu at the end of the first session, further testing may not be necessary, however, that argument is speculative based on a single comment.  Defendants note that Dr. Lu informed them prior to the start of the examination that five hours would be needed, though only two hours were demanded.  Here, Defendants have shown good cause for the remaining three hours of the IME to complete the originally agreed upon testing.

As such, the motion is GRANTED.

Moving party to give notice.