BELTRAN vs CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al.

23CV003281: BELTRAN vs CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al. 09/03/2026 Hearing on Motion to Compel Independent Mental Examination in Department 16C

Tentative Ruling

TENTATIVE RULING:

Defendant California Department of Corrections and Rehabilitation’s (“CDCR”) motion to compel an independent mental examination of Plaintiff George Beltran (“Beltran”) is UNOPPOSED and GRANTED. This is an employment action arising from Beltran’s former employment as a correctional officer with CDCR at Folsom State Prison. Beltran filed his Complaint on June 14, 2023, alleging causes of action for: (1) retaliation in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of Labor Code section 1102.5; (3) race discrimination; (4) failure to prevent discrimination; (5) race harassment; and (6) hostile work environment.

Beltran alleges anxiety, depression, and extreme and severe mental anguish and emotional distress as a result of CDCR’s conduct. (Compl. ¶¶ 22, 71.) Trial is set for October 19, 2026. CDCR now moves pursuant to Code of Civil Procedure section 2032.310 for an order compelling Beltran’s independent mental examination (“IME”) by Dr. Matthew Carroll, M.D., a licensed clinical psychiatrist. CDCR declares that the IME is necessary for an adequate examination of Beltran’s emotional distress. (Buffington Decl. ¶ 8.)

CDCR states that the examination will be less than a full day, and occur at an office in Sacramento, within 75 miles of Plaintiff’s home, or alternatively on Zoom. (Ibid.) Dr. Carroll will perform a clinical interview of Beltran and may administer psychological tests, including the Minnesota Multiphasic Personality Inventory-3 and the Millon Clinical Multiaxial Inventory-IV. (Carroll Decl. ¶¶ 3, 8.) The parties have agreed to September 23, 2026, as the date for Beltran’s IME. (Buffington Decl. ¶ 9.)

Beltran has not opposed this motion. The Court construes the failure to oppose as a concession on the merits of the motion. (D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 728, fn. 4.) Accordingly, the Court finds good cause for Beltran’s IME and grants CDCR’s motion. The parties shall meet and confer forthwith regarding a neutral location for the IME and other pertinent details. This minute order is effective immediately. CDCR shall submit a proposed order for the Court’s signature pursuant to California Rules of Court, rule 3.1312 that includes all of the information required by Code of Civil Procedure section 2032.320, subdivision (d).

23CV003281: BELTRAN vs CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al. 09/03/2026 Hearing on Motion to Compel Independent Mental Examination in Department 16C

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 Department 16C Oral Argument Request Line at (916) 874-1475 by 4:00 p.m. the Court day before the 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-cagov.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-servicestranscripts. 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 Court’s Approved Official Reporter Pro Tempore

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

23CV003281: BELTRAN vs CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al. 09/03/2026 Hearing on Motion to Compel Independent Mental Examination in Department 16C

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 Reporter’s Office and an official reporter will be provided.