Judge: David A. Hoffer, Case: 30-2021-1181902, Date: 2022-08-29 Tentative Ruling

The Motion for Order for Plaintiff to Submit to Independent Neuropsychological Examination filed on 7/8/22 by moving parties Defendants Estela Guardado and Estate of Antonio Guardado (here “MPs”) is GRANTED.

MPs request an Order for an independent neuropsychological examination of Plaintiff Derek Vunak (“Plaintiff”) to be performed by Dr. Stenquist.  Good cause is shown for that proposed neuropsychological exam, in light of MPs’ showing that Plaintiff has asserted claims which include alleged cognitive impairments resulting from the accident at issue. (Herman Decl., Exs. A, B.)

The Opposition asserts that, because Plaintiff already agreed to submit to an independent neurological examination with Dr. Victoroff, a neuropsychological examination with Dr. Stenquist would be duplicative. But MPs have adequately shown that this is not so, as each is to make different assessments about different claims presented by Plaintiff. It thus appears to be  appropriate for both examinations to be permitted under the circumstances.

The Opposition also asserts that Dr. Stenquist could instead rely on the raw data of Plaintiff's treating neuropsychologist. But the Court does not find that such a demand is reasonable under the circumstances presented here.

Finally, the Opposition asserts that the Motion is defective under C.C.P. § 2032.250(a) because no demand for the requested examination had been served before the Motion was filed.  But C.C.P. § 2032.250(a) expressly applies to a “physical examination,” which is not what is at issue here. For a mental examination, leave of court is required. (C.C.P. § 2032.310(a)). No material defect in the Motion is thus shown.

The Motion is therefore granted.

Plaintiff’s objections, filed on 8/22/22, are OVERRULED.

Defense counsel is ordered to give notice of this ruling.