Mental Examination Of Child Plaintiff Does Not Include Interview Of Parents.

The parents of a kindergartener filed a complaint, with the mother as guardian ad litem for the child, alleging the child was sexually molested by another kindergartener at school. The school district sought an order compelling the plaintiff kindergartener to submit to a mental examination, which would include personal interviews of the child and his parents by a psychiatrist. The court so ordered, and the plaintiffs sought extraordinary relief. In issuing a writ of mandate, the Court of Appeal stated: “Nothing in [Code of Civil Procedure] section 2032.020 contemplates a ‘collateral interview’ of a minor’s parents as part of a mental examination of a party who is a minor.”  (Roe v. Sup. Ct. (Hollister School District) (Cal. App. Sixth Dist.; December 18, 2015) 243 Cal.App.4th 138 [196 Cal.Rptr.3d 317].)