CHRISTINA REGINA ELISA DE SIMONE VS. MARK GIANCARLO DEVITO ET AL

Set for Law and Motion/Discovery Calendar on Thursday, July 09, 2026, Line 3.

1 - Defendants Brennan Kall and Christopher Kall's unopposed Motion To Compel Mental Examination is GRANTED. Moving Defendants move under Code of Civil Procedure section 2032.310. Subdivision (a) of this section generally requires a party seeking to conduct a mental or physical examination to obtain leave of court. The party must demonstrate good cause. (Ibid.)

"A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination.` The motion shall be accompanied by a meet and confer declaration under Section 2016.040." (Code of Civil Procedure section 2032.310(b).)

Both the examiner and examinee "have the right to record a mental examination by audio technology." (Code of Civil Procedure section 2032.530(a);); Golfland Entertainment Centers, Inc. v. Superior Court (2003) 108 Cal.App.4th 739, 750.)

If a party submits to a mental examination, "that party has the option of making a written demand that the party" seeking the examination deliver to the demanding party "[a] copy of a detailed written report setting out the history, examinations, findings, including the results of all tests made, diagnoses, prognoses, and conclusions of the examiner." (Code of Civil Procedure section 2032.610(a)(1).)

Plaintiff Christina Regina Elisa De Simone is seeking damages for mental health problems, post-concussion syndrome and headaches, among other things. There is no evidence she has entered a stipulation pursuant to Code of Civil Procedure section 2032.320(c). The record supports the mental examination as requested at pages 2 through 4 of the notice of motion and motion. The examination shall be on July 31, 2026, at 9:00 am or an earlier date and time agreed to in writing signed by both Plaintiff (or counsel) and Defendant (or counsel).

Prior to the time set for hearing, Moving Defendants are ordered to prepare a proposed order repeating the above verbatim and including the specific conditions for the examination and email it to contestdept302tr@sftc.org.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |