Judge: David A. Hoffer, Case: 30-2020-1146842, Date: 2022-10-24 Tentative Ruling

The Motion for Leave to Conduct Mental Examination of Plaintiff filed on 8/26/22 by movant James Parnell Erion (“Defendant”) is GRANTED. 

Defendants’ Motion adequately comports with C.C.P. § 2032.310, and the evidence presented is sufficient to demonstrate good cause for the relief requested, as Plaintiff has clearly put his mental condition directly at issue, which he does not dispute here. (Hill Decl. ¶¶ 4-6; see also Cardinale Decl. ¶¶ 5- 6, Exs. 3, 4.)  However, in light of the proximity to the currently scheduled trial date, the Court will consider a brief trial continuance if necessary to accommodate the examination scheduling, or to provide Plaintiff with additional time to further depose the examiner as to the IME findings. Counsel should be prepared to discuss Defendant’s proposed 11/9/22 examination date and any alternate dates which may be available, and a potential continuance of the trial date, at the time of the hearing. 

Once the date for the examination has been set at the hearing, Defendant is to: (a) submit a proposed order in accordance with CRC 3.1312(a), which order shall comport with C.C.P. § 2032.320(d), identifying in detail the person who may perform the exam, the time, place, manner, conditions, scope and nature of the exam, and all diagnostic tests and procedures to be administered, identified by name, consistent with the proposal presented in the Motion; and (b) give notice of this ruling.