Judge: Keri G. Katz, Case: 37-2021-00050284-CU-PO-CTL, Date: 2023-09-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 20, 2023

09/21/2023  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2021-00050284-CU-PO-CTL MORALES VS BURCH [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Cosmic Concepts, Ltd.'s motion for order requiring Plaintiff to submit to mental examination is DENIED.

Although Plaintiff raises several issues with respect to service of this motion, and although Cosmic Concepts is agreeable to continuing this motion to allow Plaintiff the statutorily-required time to respond, as the court's substantive tentative ruling is to deny Cosmic Concept's motion, the court exercises its discretion in favor of setting aside the procedural issues and ruling on the merits at this time.

Cosmic Concepts seeks to have its expert Vincent Filoteo, Ph.D., a licensed clinical psychologist, conduct a mental examination of Plaintiff. Pursuant to CCP § 2032.310 (a) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or 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.

CCP § 2032.320 specifies: (a) The court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown.

Absent from Cosmic Concepts' motion is the required specification of 'the time, place, manner, conditions, scope, and nature of the examination.' Cosmic Concepts' general statement that '[t]his examination will not be protracted, uncomfortable, or painful, and will include standardized tests customary to the field of neuropsychology' is insufficient. Also, there is no evidence before the court that Cosmic Concepts has designated Vincent Filoeto, or any other individual, as a neuropsychologist expert. In these circumstances, Cosmic Concepts fails to establish the requisite good cause for the mental examination it seeks.

Calendar No.: Event ID:  TENTATIVE RULINGS

2998581  10 CASE NUMBER: CASE TITLE:  MORALES VS BURCH [IMAGED]  37-2021-00050284-CU-PO-CTL If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

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2998581  10