Michael De Leon vs. J.M Equipment Company, Inc

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver

34-2023-00334819-CU-WT-GDS: Michael De Leon vs. J.M Equipment Company, Inc 05/18/2026 Hearing on Motion for Leave to Conduct Psychological Exam of Michael De Leon in Department 8D

and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

****NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. MOTIONS NOTICED FOR DEPARTMENT 25 WILL BE HEARD IN DEPARTMENT 8D OF THE NEW COURTHOUSE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION*****

TENTATIVE RULING:

Moving party’s notice of motion does not provide full notice of the Court’s tentative ruling system, as required by Local Rule 1.06. Moving party is directed to contact Defendants’ counsel and advise counsel of Local Rule 1.06 and the Court’s tentative ruling procedure and the manner to request a hearing. If moving party is unable to contact Defendants’ counsel prior to hearing, moving party is ordered to appear at the hearing.

Defendants J.M. Equipment Company, Inc., Mike Koop, and Matt Taylor’s (“Defendants”) motion for leave to conduct a psychological examination of Plaintiff Michael De Leon (“Plaintiff”) is ruled upon as follows.

Overview

This is an employment action. Plaintiff alleges that, as part of the emotional distress damages in this litigation, he suffers from mental and emotional symptoms including but not limited to depression, anxiety, insomnia, loss of appetite, hopelessness, humiliation, stress, restlessness, fatigue, financial insecurity, mood swings, and mental pain and anguish, necessitating mental health treatment. (Declaration of Justin Odell (“Odell Decl.”), ¶ 2, Ex. A, ¶¶ 16, 119, 121, 122, 128; See also Odell Decl., ¶ 3, Ex. B, Plaintiff’s Response to Form Interrogatory No. 6.2.)

Trial in this matter is currently set for June 1, 2026.

Defendant moves for an order compelling Plaintiff to submit to a psychological

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2023-00334819-CU-WT-GDS: Michael De Leon vs. J.M Equipment Company, Inc 05/18/2026 Hearing on Motion for Leave to Conduct Psychological Exam of Michael De Leon in Department 8D

examination by Dr. Marc Cohen, on June 24, 2026, or a mutually agreeable date thereafter. (Notice at 1:28-2:2.) Defendant requests that an examination that shall not exceed eight (8) hours, exclusive of breaks. (Notice at 2:17.) In the moving papers, Defendants request that the examination start at 10:00 AM. (Memorandum at p. 5:13- 14.)

Plaintiff does not oppose Defendant’s request for an examination or the proposed diagnostic tests. Instead, Plaintiff argues that Defendant’s proposed parameters—an 8- hour examination, exclusive of breaks, beginning at 10:00 AM—are unreasonable. Plaintiff instead requests that examination be limited to eight (8) hours, inclusive of breaks, and beginning at 9:00 AM.

Legal Standard

Pursuant to Code of Civil Procedure section 2032.310, subdivision (a), “[i]f any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court.” The motion must state the time, place, identity and specialty of the examiner, and the “manner, conditions, scope and nature of the examination.” (Code Civ. Proc., § 2032.310, subd. (b).) The court shall grant a motion for a mental examination under section 2032.310 “only for good cause shown.” (Code Civ. Proc., § 2032.320, subd. (a).) The motion shall be accompanied by a meet and confer declaration under Section 2016.040. (Code Civ. Proc., § 2032.310, subd. (b).)

“An order granting a physical or mental examination shall specify 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.” (Code Civ. Proc., § 2032.320, subd. (d).)

Discussion

First, the Court concludes the parties have sufficiently met and conferred in connection with the instant motion. Second, the Court finds that Defendant has demonstrated good cause for an order compelling Plaintiff to submit to an examination. Indeed, Plaintiff does not object to submitting to an examination.

The only terms of the examination that the parties could not agree on are the start time and the duration of the examination. Notably, Defendant has chosen an out-of-town examiner whose professional responsibilities and personal schedule requires the

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2023-00334819-CU-WT-GDS: Michael De Leon vs. J.M Equipment Company, Inc 05/18/2026 Hearing on Motion for Leave to Conduct Psychological Exam of Michael De Leon in Department 8D

examination to begin at 10:00 AM. (See Declaration of Caitlyn Handy, ¶ 6, Ex. 3.) Despite selecting an examinator who required a late start time, Defendant refused to make any concessions regarding the duration of the examination to ensure that it would conclude at a reasonable time as Plaintiff requested. (Ibid.)

The Court cannot conclude that Defendant’s request for an 8-hour examination, exclusive of breaks and beginning at 10:00 AM is reasonable. Assuming Plaintiff takes only one and half hours of breaks, including lunch and dinner, the examination would conclude at 7:30 PM. This appears to be unreasonable and unduly burdensome on Plaintiff.

In opposition, Plaintiff requests that the Court limit the examination to 8 hours, inclusive of breaks and beginning at 9:00 AM. However, the requested start time does not accommodate the schedule of Defendant’s preferred examiner.

Based on the submissions of the parties, the Court orders the examination on the following terms. The examination shall begin at 10:00 AM and shall last no longer than 6.5 hours, exclusive of breaks. The examination shall otherwise proceed as stated in Defendant’s notice of motion. (Notice at 2:3-17.) Specifically, the examination will take place in person, in Sacramento, California, within 75 miles of Plaintiff’s residence in Valley Springs, California. The examination will involve a detailed inquiry into many different pertinent topics, including the onset and course of current symptoms as well as several other clinical domains, such as psychiatric and mental health treatment history, social history, substance use, criminal history, medical history and current medications, family history, and relationship histories, as well as other subject matters.

The examination may also include the administration of one or more of the following psychological tests or assessments: Minnesota Multiphasic Personality Inventory-3 (MMPI-3); Millon Clinical Multiaxial Inventory (MCMI-IV); Personality Assessment Inventory (PAI); Structured Interview of Reported Symptoms (SIRS-2); Montreal Cognitive Assessment (MOCA); 15 Item Test; Trauma Symptom Inventory-2 (TSI-2); and/or Test of Memory Malingering (TOMM).

The Court notes that Dr. Cohen indicates that he intends to video record the examination. However, Code of Civil Procedure section 2032.510 authorizes the examination to be recorded only “stenographically or by audio technology.” Accordingly, unless Plaintiff consents to video recording of the examination, the examination shall be recorded only stenographically or by audio technology.

With respect to the date of the examination, the Court observes that the parties

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2023-00334819-CU-WT-GDS: Michael De Leon vs. J.M Equipment Company, Inc 05/18/2026 Hearing on Motion for Leave to Conduct Psychological Exam of Michael De Leon in Department 8D

currently have a trial date of June 1, 2026, which is several weeks before the date proposed for the examination on June 23, 2026. The parties shall meet and confer regarding a mutually agreement date on which to conduct the examination that is prior to June 1, 2026. The parties may, only by mutual agreement, proceed on a day after June 1, 2026.

Disposition

Accordingly, Defendant’s motion is GRANTED as set forth above.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)