Judge: Daniel M. Crowley, Case: 21STCV00175, Date: 2022-09-07 Tentative Ruling

Case Number: 21STCV00175    Hearing Date: September 7, 2022    Dept: 28

Defendant Cristina Ciminelli’s Motion to Compel Plaintiff to Submit to Independent Medical Exam

Having considered the moving, opposing and reply papers, the Court rules as follows.

BACKGROUND

On January 4, 2021, Plaintiff Leah Anderson (“Plaintiff”) filed this action against Defendants Brian Jones (“Brian”) and Lauren Vanessa Jones (“Lauren”) for motor vehicle and general negligence.

On February 11, 2021, Defendants filed an answer. On December 2, 2021, the Court dismissed Brian, with prejudice, pursuant to Plaintiff’s request.

On August 11, 2022, Laura filed a Motion to Compel Plaintiff to Submit to a Neurophysiological Exam to be heard on September 7, 2022. On August 22, 2022, Plaintiff filed an opposition. On August 30, 2022, Laura filed a reply.

Trial is currently scheduled for April 20, 2023.

PARTY’S REQUESTS

Laura requests the Court order Plaintiff to appear for a neuropsychology exam with Karen L Schlitz, Ph.D., on October 5 and October 12, 2022, at 9:00 a.m. at Golden State Neuropsychology, 4766 Park Granada, Suite 202, Calabasas, CA 91302.

Plaintiff requests the Court order Laura to comply with the Plaintiff’s requirements for the exam.

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 suffered from neck pain, tightness, loss of motion, upper and middle back pain and tightness, lower back pain and tightness, a concussion, headaches, dizziness, neurological weakness and numbness, cerebrospinal fluid leak, hydrocephalus, ringing ears, and fatigue. As such, Plaintiff has put both mental and physical injuries at issue. There is good cause to grant leave to conduct a mental exam so that Defendant may evaluate all of Plaintiff’s injuries.

Ten days before the exam, Dr. Schlitz must provide a specified list of all examinations that may be conducted on the day of the examination. Plaintiff will submit to a two-day examination. Dr. Schlitz is ordered to audio record the examination and to provide the recording and all of his testing data to Plaintiff’s neuropsychologist.  The recording and data will not be shared with Plaintiff or her counsel. 

CONCLUSION

Defendant Cristina Ciminelli’s Motion to Compel Plaintiff to Submit to Independent Medical Exam is GRANTED. Plaintiff is ordered to appear for a neuropsychology exam with Karen L Schlitz, Ph.D., on October 5, 2022, at 9:00 a.m. at Golden State Neuropsychology, 4766 Park Granada, Suite 202, Calabasas, CA 91302. Parties may also choose another mutually agreeable date within 30 days of the hearing on the motion.

The limitations to be placed on the examinations are discussed in the discussion paragraph.

            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.

The parties are directed to the header of this tentative ruling for further instructions.