Judge: Lynne M. Hobbs, Case: 22STCV04210, Date: 2023-11-07 Tentative Ruling

Case Number: 22STCV04210    Hearing Date: November 7, 2023    Dept: 30

CONRADO RIVERA OCAMPO vs BEST TRUCKING SERVICES, INC., et al

Motion to Compel Mental Examination

TENTATIVE 

Defendants’ Motion to Compel Mental Examination is GRANTED. Plaintiff is ordered to appear for mental examination with board-certified clinical neuropsychologist Po-Haong Lu, Psy.D., at 10850 Wilshire Boulevard, Suite 1270, Los Angeles California, on November 16, 2023, at 10:00 a.m., or on a mutually convenient date within 20 days of this order.  Moving party to give notice.

DISCUSSION

Defendants move to compel Plaintiff’s independent medical (mental) examination (IME), and argue there is good cause because he alleges to have suffered from mental injuries and conditions, including traumatic brain injury and loss of memory, and has therefore put his mental condition at issue. (Korff Decl., ¶ 3; Exhibit D at 38:6-23, 39:13-18, 39:22-25.)

The Court finds there is good cause to compel Plaintiff’s mental IME, because he claims mental injuries, including TBI and memory loss.

Next, Defendant’s motion properly contains information including the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope, and nature of the examination. Thus, Defendant’s motion is granted. This regularly noticed motion is unopposed.