Judge: Marcella O. Mclaughlin, Case: 37-2021-00044104-CU-PO-CTL, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 14, 2023

12/15/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2021-00044104-CU-PO-CTL OUBRE VS GATEWAY STERLING LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 10/30/2023

The motion for leave to obtain a neuropsychological examination of plaintiff is GRANTED in part.

Leave of court is required to obtain discovery by a mental examination. Code Civ. Proc. § 2032.310.

The moving party must establish that the other party's mental condition is 'in controversy' in the action (Code Civ. Proc. § 2032.020(a)) and that 'good cause' for the examination exists (Code Civ. Proc. § 2032.320(a)).

Here, while it is undisputed that plaintiff has placed his mental condition at issue, defendants have not shown good cause for the proposed scope of the examination. Specifically, the court is not persuaded that plaintiff's genetic/family history is relevant to his personal injury claims. See Vinson v. Superior Court (1987) 43 Cal.3d 833, 840.

Accordingly, plaintiff is ordered to appear for a neuropsychological examination with Dr. Catherine Marreiro, located at 533 Airport Boulevard, Suite 400, Burlingame, California 94010, on a date to be re-noticed by defendants. The examination must consist of the matters described in the notice of motion, but may not include any inquiry into plaintiff's genetic/family history.

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