Judge: John B. Scherling, Case: 37-2022-00038004-PR-CP-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - October 26, 2023

10/27/2023  02:00:00 PM  502 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:John B Scherling

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Probate  Conservatorship Of Person And Estate Motion Hearing (Probate) 37-2022-00038004-PR-CP-CTL CONSERVATORSHIP OF LOUIS ALPINIERI [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 06/08/2023

The Motion for Mental Examination (ROA 85) filed by Steven Alpinieri is CONTINUED to December 15, 2023, at 2 p.m. to allow supplemental filings.

On June 8, 2023, Steven Alpinieri ('Steven') filed the instant Motion for Mental Examination for an order requiring Louis Alpinieri ('Louis'), the proposed conservatee, to submit to a mental examination by Dr.

Valerie Rice to be conducted on the first available date after the order, at Louis' residence, on the grounds that Louis' mental condition is at issue in this action and good cause exists for the examination under CCP § 2032.020. (ROA 85.) The Court observes there is no Demand for Mental Examination attached to the motion; however, based on the lack of any objection by the opposing parties (Andrea Alpinieri, as agent under POA and individually, or by Louis), the deficiency is waived.

In addition, however, the moving papers fail to comply with CCP § 2032.310(b), which requires that the motion '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.' If the Court grants the motion, this information is also required to be included in the Court's order. (CCP § 2032.320(d).) Steven's memorandum of points and authorities identifies Dr. Valerie Rice, M.D., but no further information about the mental exam and the doctor's qualifications are provided, as required under CCP § 2032.310(b).

As such, the Court directs Steven to file supplemental papers in compliance with the statute, 'specify[ing] 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 parties may file supplemental responsive pleadings limited, however, to addressing those specific issues. All papers are to be filed according to the deadlines set forth in CCP § 1005(b).

Therefore, Steven's motion for mental exam is CONTINUED.

Counsel for Steven is ordered to serve written notice of ruling on all parties in accordance with the provisions of CCP §1019.5(a).

IT IS SO ORDERED.

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