Nala Mena, a minor, by and through her Guardian ad Litem, Vanessa Samuels, v. Los Angeles Unified School District

MOTION FOR LEAVE TO CONDUCT MENTAL EXAM

 

MOVING PARTY: Defendant Los Angeles Unified School District

RESPONDING PARTY(S): Plaintiff Nala Mena, a minor, by and through her Guardian ad Litem, Vanessa Samuels

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Nala Mena, a minor, by and through her Guardian ad Litem, Vanessa Samuels, brings this action against Defendant Los Angeles Unified School District for (1) negligence and (2) negligent hiring, training, and supervision. Plaintiff alleges while attending kindergarten at Fullbright Avenue Elementary school, she was the victim of physical and mental bullying.

Defendant now moves for leave to conduct Plaintiff’s mental exam. Plaintiff opposed in part.

TENTATIVE RULING:

Defendant’s Motion for Leave to Conduct Plaintiff’s Mental Examination is GRANTED under the conditions set forth herein.

Moving party to give notice, unless waived.  

DISCUSSION:

Motion for Leave to Conduct Plaintiff’s Mental Examination

Analysis

Defendant LAUSD moves for leave under CCP section 2032.310 to conduct a mental examination of Plaintiff, a seven-year-old minor. Dr. Christopher R. Thompson, M.D., a Board-certified psychiatrist, will conduct the exam. The exam will take place on November 16, 2023, at 10850 Wilshire Blvd., Ste. 850, Los Angeles, CA 90024 at 9:00 a.m. and ending at 1:00 p.m. (D’s Separate Statement.) The examination will consist of “a detailed interview with both the plaintiff and (separately, if permitted) her Guardian ad Litem,” utilizing “standardized, appropriate psychological testing and screening.” (Id.)

Plaintiff alleges that she “was assaulted battered and sexually molested by having another minor boy touch her vaginal area multiple times while defendants, through FULLBRIGHT agents and employees, lost track of their whereabouts, did not find them for about one hour, and failed to take reasonably necessary steps to locate Plaintiff and provide for her protection and safety. (Compl. ¶ 45.) In discovery, Plaintiff states she has suffered “mental and emotional injuries” from the alleged event. (Burnet Decl., Ex. B, Plaintiff’s Response to Form Interrogatory Nos. 6.2 and 6.3, p.4:26-6:3.)

Defendant has demonstrated good cause for the mental examination. Notably, Plaintiff does not challenge that a mental examination can and should occur. She readily concedes an exam is appropriate. Plaintiff only seeks to impose certain “conditions” on the examination. Among other conditions, Plaintiff seeks to limit the examination to three hours; to record the entirety of the exam; and to receive a full list of the tests and screening measures that will be used during the exam prior to the exam.

This court has previously noted the sensitive nature of the allegations, and its cognizance that Plaintiff may have ongoing trauma from this event. It also duly noted Defendant’s right to gather information to defend itself against the allegations levied. Those considerations still stand. 

The court has read and considered the parties motions and separate statements, including the conditions proposed by each. 

Defendant’s Motion for Leave to Conduct Plaintiff’s Mental Examination is GRANTED under the conditions set forth here:

(1) Defendant is given leave to conduct the interview with Plaintiff on November 16, 2023, at 10850 Wilshire Blvd., Ste. 850, Los Angeles, CA 90024 at 9:00 a.m. and ending at 1:00 p.m., or at any other time and location to which the parties mutually agree.

(2) Plaintiff’s guardian ad litem may voluntarily submit to questioning but is not ordered to do so.

(3) The entire examination may be audio recorded. No videotaping or third-party observation is permitted by any person. 

(4) To the extent any test or procedure utilized is proprietary or copyrighted, a protective order will be issued to keep the same confidential and under seal as appropriate and required by law.

(5) The examiner, Dr. Thompson, should utilize standardized, appropriate psychological testing and screening measures. 

(6) The psychiatric evaluation will not involve any physical examination, x-rays or imaging studies. There will be no blood tests or other intrusive medical studies or procedures. 

(7) Plaintiff shall not to be questioned concerning Plaintiff’s conversations with her counsel of record or any other attorney who represents Plaintiff.

(8) The examination shall not exceed a total of four (4) hours. The examiner shall ensure breaks be taken as needed.

IT IS SO ORDERED.

Dated:   November 3, 2023 ___________________________________