Judge: Daniel M. Crowley, Case: 19STCV44757, Date: 2023-01-18 Tentative Ruling

Case Number: 19STCV44757    Hearing Date: January 18, 2023    Dept: 28

Defendant Nordstrom, Inc.’s Motion for Leave to Conduct Mental Exam

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On December 9, 2019, Plaintiff Nooshin Deihim (“Plaintiff”) filed this action against Defendant Nordstrom, Inc. (“Defendant”) for general negligence and premises liability.

On September 10, 2021, Defendant filed an answer.

On October 28, 2022, Defendant filed a Motion for Leave to Conduct Plaintiff’s IME to be heard on January 18, 2023.

Trial is currently set for September 28, 2023.

PARTY’S REQUESTS

Defendant requests the Court compel Plaintiff to appears for an independent mental exam with neuropsychologist, Ari Kalechstein, Ph.D., et 11835 W. Olympic Blvd., Site 1265E, Los Angeles, CA 90064, on February 23, 2023, at 9:30 a.m.

LEGAL STANDARD

Code of Civil Procedure §2032.310 (a) requires a party to obtain leave of court if it wishes to obtain discovery by an additional physical exam or any mental exam. Subdivision (b) provides that a motion shall “...specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” Such a motion may only be granted on good cause shown.  (CCP §2032.320(a).)

DISCUSSION

Plaintiff alleges that, as a result of the subject incident, she has suffered from head injury, neck injury, both shoulders injury, headaches, dizziness, sleeping problems and memory problems. She also alleges she suffered from injury to her brain. Plaintiff has put potential injuries and symptoms at issue that a neuropsychologist could evaluate, meaning there is good cause for such an IME.

Defendant has provided the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty of the person to perform the examination. The Court grants the motion.

CONCLUSION

Defendant Nordstrom, Inc.’s Motion for Leave to Conduct Mental Exam is GRANTED. Plaintiff is ordered to appear for an independent mental exam with neuropsychologist, Ari Kalechstein, Ph.D., et 11835 W. Olympic Blvd., Site 1265E, Los Angeles, CA 90064, on February 23, 2023, at 9:30 a.m.

            Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.