17-CIV-00574 JOHNNY MARTINEZ VS. SIMON JOHN FRANCIS, ET AL.

JOHNNY MARTINEZ SIMON JOHN FRANCIS
PRO/PER RANDOLPH S. HICKS

MOTION FOR LEAVE TO CONDUCT A MENTAL HEALTH EXAM BY SIMON JOHN FRANCIS TENTATIVE RULING:

The Motion of Defendant Simon John Francis (“Defendant”) for Leave to Conduct Mental Health Exam is GRANTED. Defendant establishes good cause for a mental health exam. (See Beltramo Decl., Exh. A, Plaintiff’s Deposition Transcript.)

Plaintiff Johnny Martinez (“Plaintiff”) is to appear for examination on September 14, 2018 at 2:30 P.M. at 870 Market Street, Suite 800, in San Francisco, as stated in Defendant’s Amended Demand for Independent Psychiatric Examination (“Amended Demand”). The examination will be conducted by board certified psychiatrist Dr. Robert Albucher, M.D., as described in the Amended Demand subject to the limitations discussed in the paragraphs below.

Plaintiff makes several requests with respect to limiting the nature of Defendant’s Amended Demand for Independent Psychiatric Examination.

First, Plaintiff’s request to prohibit Dr. Albucher from giving Plaintiff any written tests is granted. An order granting a mental examination shall specify the person who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope and nature of the examination. (C.C.P. §2032.320(d).) Since the Amended Demand does not identify any written tests to be performed, no written tests are to be given to Plaintiff.

Second, Plaintiff’s request to limit the scope of the personal history is granted because the description provided in the Amended Demand is overbroad. (See Amended Demand, 2:2-6.) Instead, the personal history part of the examination is limited to the following: a history of Plaintiff’s mental and emotional complaints, past similar complaints, a history of the incident which is the subject of Plaintiff’s action and its relationship to Plaintiff’s complaints, a psychosocial history and other inquiries that may assist the examining physician with (i) an evaluation of the nature and extent of Plaintiff’s mental condition and complaints, (ii) determination of a diagnosis of and prognosis for Plaintiff’s mental condition and complaints and (iii) evaluation of the reasonableness and necessity of past and future treatment for Plaintiff’s mental condition and complaints.

Third, Plaintiff requests that the Court order Defendant to provide Plaintiff with a written record or report of the examination within thirty days of the examination. The Court declines to rule on this request because Plaintiff should instead make a written demand from Defendant for a written report as set forth in §2032.610.

The remainder of Plaintiff’s requests are denied.

Defendant is to provide Dr. Albucher with a copy of this Order prior to Plaintiff’s examination.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.