Judge Lee S. Arian, Case Number: 21STCV22149, Date: 2024-06-10 Tentative Ruling

Judge: Lee S. Arian, Case: 21STCV22149, Date: 2024-06-10 Tentative Ruling

Case Number: 21STCV22149 Hearing Date: June 10, 2024 Dept: 27

Hon. Lee S. Arian, Dept 27¿

MOTION TO COMPEL MENTAL EXAMINATION

Hearing Date: 6/10/24¿¿

CASE NO./NAME: 21STCV22149 TRACY LYLE BRANTLINGER vs ANDRANIK DJOUKHIAN

Moving Party: Defendant ANDRANIK DJOUKHIAN

Responding Party: Plaintiff¿¿

Notice: Sufficient¿¿

Ruling: MOTION TO COMPEL MENTAL EXAMINATION IS GRANTED

The parties acknowledge that good cause exists for the neuropsychological examination; however, they disagree on whether to provide raw data directly to opposing counsel. This Court routinely addresses motions for mental examinations. The argument that dissemination of the test data directly to opposing counsel poses ethical concerns and risks to the integrity of the test is not one of first impression. In such cases, the Court balances Plaintiff's need for the data for cross-examination purposes against Defendant's concerns regarding the integrity of the test. The Court finds that ordering the provision of raw data to opposing counsel, subject to a protective order, achieves an appropriate balance. Accordingly, Defendant’s motion to compel Plaintiff’s mental examination is granted. Plaintiff is ordered to undergo the mental examination within 60 days from today, and the raw data from the examination is to be provided directly to Plaintiff's counsel, subject to a protective order.

PLEASE TAKE NOTICE:

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.