Defendant’s motion to compel independent mental examination of Plaintiff Sam Jazaerli is DENIED without prejudice.
A party desiring to obtain discovery by a mental examination shall obtain leave of court. (Code Civ. Proc., § 2032.310(a).) The motion must be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2032.310(b).) The meet and confer requirement is designed “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order . . . . This, in turn, will lessen the burden on the court and reduce the unnecessary expenditure of resources by litigants through promotion of informal, extrajudicial resolution of discovery disputes.” (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016 [quoting Townsend v. Super. Ct. (1998) 61 Cal.App.4th 1431, 1435] [internal quotations and citations omitted].) There must be a serious effort at negotiation and informal resolution. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294.) “[T]he law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate.” (Id.) The particular level of effort required in each case depends on the circumstances including the amount of discovery propounded, the time available to confer before the motion filing deadline, and the extent to which a party was complicit in the lapse of available time. (Obregon v. Super. Ct. (1998) 67 Cal.App.4th 424, 432.) “An evaluation of whether, from the perspective of a reasonable person in the position of the discovering party, additional effort appeared likely to bear fruit, should also be considered. Although some effort is required in all instances, the level of effort that is reasonable is different in different circumstances, and may vary with the prospects for success. These are considerations entrusted to the trial court’s discretion and judgment, with due regard for all relevant circumstances.” (Obregon v. Super. Ct. (1998) 67 Cal.App.4th 424, 432–33.)
Here, the motion was filed without a good faith effort to resolve the dispute informally. Reply concedes that the parties continued to meet and confer after the motion was filed and that the parties may benefit from further meet and confer. (Reply at 3:11-19.)
Plaintiff to give notice.