Judge: Lee W. Tsao, Case: 19STCV32148, Date: 2023-03-30 Tentative Ruling

Case Number: 19STCV32148    Hearing Date: March 30, 2023    Dept: C

I.H. v. SALCEDO

CASE NO.:  19STCV32148

HEARING:  03/30/23

#2

TENTATIVE ORDER

Defendant’ Motion to Compel Plaintiff’s Psychiatric Examination is GRANTED.

Moving Party to give Notice.

“Any party may obtain discovery…by means of a…mental examination of (1) a party to the action…in which the mental…condition…of that party…is in controversy in the action.” (CCP §2032.020(a).) “The court shall grant a motion for a…mental examination…only for good cause shown.” (CCP §2032.320(a).)

Substantively, the Court finds that the Moving Defendants have met his burden of establishing the existence of good cause for the contemplated mental examination of Plaintiff. Plaintiff has placed their mental condition at issue: “As a result of the incident, Plaintiff has experienced extreme, pervasive, and severe emotional distress, pain and suffering, and psychological trauma. Plaintiff has been diagnosed with severe depression, post-traumatic stress disorder and has been placed on multiple holds due to concern of self-harm since the incident.” (SAC ¶86.)

In Opposition, Plaintiff does not object to the conduct of a mental exam. However, Plaintiff does object to the exam being unilaterally scheduled, and Plaintiff argues that the psychological examination should be limited to Plaintiff, himself (not his family members). Plaintiff also argues that the Order should include language indicating that the parties are foreclosed from scheduling any additional mental examinations absent a good faith showing that further examinations are necessary.  

Defendants’ motion is GRANTED.  Plaintiff is ORDERED to appear and submit to a mental examination on a date in June 2023 as proposed by Defendant. (Declaration of Erin Uyeshima, ¶ 5.)  This date may be extended by agreement of the parties. Plaintiff’s medical examination is to be conducted by Dr. Christopher R. Thompson, M.D. located at 10850 Wilshire Blvd., Ste. 850, Los Angeles, CA 90024. The mental examination shall proceed pursuant to the terms outlined in Defendants’ Proposed Order, separately lodged from the Moving Papers. This Order does not enable Dr. Thompson to conduct mental examinations of Plaintiff’s family members without a Court Order. Defendants will not subject Plaintiff to any additional mental examinations absent a Court Order.