Motion for Order Compelling Mental Examination of Plaintiff
23CV003347: BROWN vs CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, A PUBLIC ENTITY, et al. 07/28/2026 Hearing on Motion for Order Compelling Mental Examination of Plaintiff in Department 16C
Tentative Ruling
Defendant California Department of Motor Vehicles (Defendant) motion for an order compelling mental examination of Plaintiff Keionna Brown (Plaintiff) is UNOPPOSED and GRANTED.
This is an employment law action arising out of Plaintiffs former employment with Defendant. The operative First Amended Complaint alleges causes of action for several violations of the Fair Employment and Housing Act, as well as wrongful termination in violation of public policy. Plaintiff seeks, inter alia, damages for ongoing severe emotional distress. She testified in deposition that as a result of Defendants alleged conduct, she has suffered deep depression and high anxiety.
To prepare for trial, Defendant moves for an order compelling Plaintiff to submit to a psychological examination by Dr. Jessica R. Holliday at WeWork, 400 Capitol Mall, Ste 900, Sacramento, CA 95814, beginning at 9:30 a.m. on July 31, 2026, according to the terms set forth in the moving papers. (See Separate Statement ISO Mot. 3:11-4:11.)
Plaintiff filed a statement of non-opposition in which she agrees to appear for the proposed mental health examination.
Pursuant to Code of Civil Procedure section 2032.310, subdivision (a), [i]f any party desires to obtain discovery . . . 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).) An order granting a . . . 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
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
Defendant has demonstrated good cause for an order compelling Plaintiff to submit to the proposed mental health examination. Accordingly, the Court orders the examination on the terms stated in the moving papers, as follows:
Name of Examiner: Jessica Holliday, M.D.
Date and Time of Examination: July 31, 2026 at 9:30 a.m.
Place of Examination: WeWork, 400 Capitol Mall Ste 900, Sacramento, CA 95814
23CV003347: BROWN vs CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, A PUBLIC ENTITY, et al. 07/28/2026 Hearing on Motion for Order Compelling Mental Examination of Plaintiff in Department 16C
Specialty of Examiner: Licensed physician in the State of California since 2017, board-certified in psychiatry and neurology by the American Board of Psychiatry and Neurology since 2021, with added board certification in forensic psychiatry since 2024.
Dr. Hollidays examination will consist of a clinical interview and psychological testing of Plaintiff. As part of her clinical interview, Dr. Holliday will ask questions regarding Plaintiffs background and history, past medical history as it relates to her emotional state, past psychiatric history, psychosocial and developmental history, and mental status. The psychological testing that Dr. Holliday will administer will be selected from the following standardized tests: Minnesota Multiphasic Personality Inventory-3 (MMPI-3), the Patient Health Questionnaire-9 (PHQ-9), Generalized Anxiety Disorder-7 (GAD-7), and Trauma Symptom Inventory-2 (TSI-2). Dr. Holliday will determine during the course of the examination which of these tests are appropriate to be administered, based upon the clinical interview portion of the examination.
The duration of the total examination will be approximately four to six hours, excluding breaks. The examination will not include any test or procedure that is intrusive or unduly burdensome. No third parties may be present during the examination. Dr. Holliday will audiorecord her examination of Plaintiff. Dr. Holliday will ensure that Plaintiff will have ample breaks to rest, eat, and use the restroom.
(See Separate Statement ISO Mot. 3:11-4:11; Proposed Order at pp. 2-3.)
Accordingly, Defendants 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.)
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-1475 by 4:00 p.m. the Court day before the
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV003347: BROWN vs CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, A PUBLIC ENTITY, et al. 07/28/2026 Hearing on Motion for Order Compelling Mental Examination of Plaintiff in Department 16C
hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 16C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16030877014 and the Zoom Meeting ID is 160 3087 7014 *. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.
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 Courts 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 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 Reporters Office and an official reporter will be
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV003347: BROWN vs CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, A PUBLIC ENTITY, et al. 07/28/2026 Hearing on Motion for Order Compelling Mental Examination of Plaintiff in Department 16C
provided. Enter command here