Judge: Nathan R. Scott, Case: Vidal v. Hoeft, Date: 2022-09-02 Tentative Ruling

Defendants Bruce Hoeft and Mary Jane Hoeft’s motion to compel is granted.

Plaintiff Ricardo Vidal shall submit to a mental examination by Dr. Delia M. Silva on 9/21/22 at 9 am at 7545 Irvine Center Drive, Irvine Business Center, Suite 200 Irvine CA 92618.  (See Code Civ. Proc., § 2032.310; see also 8/10/22 Hill decl. Ex. D; 8/26/22 Hill decl. Exs. A-B.)

Plaintiff shall submit to the tests listed in Exhibit 1 to the 8/26/22 Silva declaration.

Carpenter contemplates a reasonably overinclusive list that leave some game-time discretion to the psychologist about which tests to administer. 

“Dr Strasser claimed he could not identify in advance all of the specific tests . . . since the ultimate selection depended upon Carpenter’s presentation . . . .  He also stated that he could provide a list of all the tests that could be administered.”   (Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 270.)

It also contemplates that an overinclusive disclosure should allow the parties to resolve any disputes.  “Because Dr. Strasser’s list of potential tests was never disclosed by [defendant] or demanded by [plaintiff], it cannot be said that the task was too daunting for the parties.”

While the parties have not been able to resolve their dispute here, the back-and-forth has led Dr. Silva to slightly reduce the number of tests.  The resulting list appears reasonable.

Defendants shall give notice.