MICHELLE JOHNSTON VS. KOMODO HEALTH, INC. ET AL

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC23610908 - December 23, 2025 Hearing date: December 23, 2025 Case number: CGC23610908 Case title: MICHELLE JOHNSTON VS. KOMODO HEALTH, INC. ET AL Case Number: | | CGC23610908 | Case Title: | | MICHELLE JOHNSTON VS. KOMODO HEALTH, INC. ET AL | Court Date: | | 2025-12-23 09:00 AM | Calendar Matter: | | Notice Of Motion For Order Of Mental Examination Of Plaintiff Michelle Johnston | Rulings: | | Set for Law and Motion/Discovery Calendar on Tuesday, December 23, 2025, Line 3.

DEFENDANT KOMODO HEALTH, INC. Notice Of Motion For Order Of Mental Examination Of Plaintiff Michelle Johnston Defendant Komodo Health, Inc.'s unopposed Motion for Order of Mental Examination of Plaintiff is granted. (Code of Civil Procedure 2032.310(a)).

Defendant's request for monetary sanctions in the amount of $5920 against Plaintiff is denied.

The parties stipulated that Plaintiff would submit to a mental health examination performed by defense expert, Dr. Manuel Saint Martin, M.D., J.D. Such an evaluation requires leave of court. (CCP 2032.310(a)).

The parties disagree whether Plaintiff must pay a fee of $1007.50 if the examination is cancelled with less than 48 hours notice. Cancellation fees are not addressed in the Civil Discovery Act. While it is not unreasonable for an expert to request payment of a fee if an examination is cancelled at the last minute without good cause, Defendant has cited no authority for its position that it may compel Plaintiff to pay a large fee if the examination is cancelled with less than 48 hours' notice regardless of the reason for the cancellation. As Plaintiff suggests, the Civil Discovery Act provides adequate remedies for failing to participate in discovery without substantial justification. (CCP 2023.040, 2032.410)

Because Defendant's position that Plaintiff must commit in advance to paying the defense expert's cancellation fee is not legally supportable, Defendant's request for an award of monetary sanctions against Plaintiff in connection with this motion is denied.

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