Judge: Thomas D. Long, Case: 20STCV35068, Date: 2022-07-26 Tentative Ruling

Case Number: 20STCV35068    Hearing Date: July 26, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On September 14, 2020, Plaintiffs Jane HA Doe, Jane TG Doe, Jane RM Doe, Jane JR Doe, and Jane JN Doe (collectively, “Plaintiffs”) filed this action against Defendants Los Angeles Unified School District (“LAUSD”), Alice Ballard-Treptow, and Joyce Johnson.  On June 29, 2022, LAUSD filed this motion for leave of Court to perform mental examinations of Plaintiffs.

A party must obtain leave of court when seeking to obtain discovery by a mental examination.  (Code of Civ. Proc., § 2032.310, subd. (a).)  A motion for an examination shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty, if any, of the person or persons who will perform the examination.  (Code Civ. Proc., § 2032.310, subd. (b).)  The Court shall grant the motion only for good cause shown.  (Code Civ. Proc., § 2032.320, subd. (a).)

Plaintiffs allege they were sexually harassed, molested, and abused by a teacher and counselor when Plaintiffs were minors in 1998 through 2009.  (E.g., Complaint ¶¶ 1, 14-16, 21, 34, 36.)  As a result, Plaintiffs have difficulty in reasonably or meaningfully interacting with others, severe emotional distress, anxiety, nervousness, flashbacks, and fear.  (Id. at ¶ 38.)  Plaintiffs’ psychological histories are therefore relevant to their alleged harms.

The mental examinations will be conducted by Kimberley Dawn Lakes, Ph.D.  Dr. Lakes was requested by Plaintiffs.  (Opposition at p. 2; Carrillo Decl. ¶ 5.)  LAUSD provides a copy of Dr. Lakes’s qualifications as an exhibit to their unsigned proposed stipulation.  (Stephenson-Cheang Decl., Ex. B at Ex. A.)

The mental examinations will be conducted at a time determined by Plaintiffs’ and Dr. Lakes’s availability and at a place to be determined based on Plaintiffs’ convenience.  (Motion at p. 3.)  Each evaluation will take three to four hours, not including breaks, and will be completed in one day per Plaintiff.  (Id. at pp. 3-5.)  Plaintiffs shall have the right to cease any of the exams if it becomes oppressive, burdensome, or unreasonably protracted, and Plaintiffs will be able to take breaks as desired as reasonably necessary.  (Id. at p. 4.)  Plaintiffs will not be questioned about any topic prohibited from disclosure, and no attorneys or representatives for either party will be present during the examination.  (Id. at p. 5.)

The examinations will include a clinical interview including history taking and observation of Plaintiffs for the purpose of gathering information related to current complaints for which Plaintiffs might seek care and the history of these claimed injuries, including description of the events leading to the psychological damage, and a further history concerning the development of psychological and physical symptoms, treatments Plaintiffs have received, and the effect of those treatments on symptoms.  (Motion at p. 4.)  The psychological evaluation will gather important information about past psychological, psychiatric, and related illnesses and difficulties, past behavioral difficulties, educational and occupational history, family origin, psychological, psychiatric, and medical difficulties within that family, educational background, their work history, and social development history.  (Ibid.)

Dr. Lakes will administer standardized, validated psychological tests and interview protocols that will not be duplicative of the first part of the psychological evaluation and are necessary and accepted by the psychological community as useful and necessary in order to allow a psychologist to be able to provide an informed and objective opinion as to the cause, nature, and degree of symptoms being claimed by Plaintiffs.  (Motion at p. 4.)  The specific tests are Wechsler Adult Intelligence Scale, Fourth Edition (WAIS– IV) or the Wechsler Abbreviated Scale of Intelligence, Second Edition (WASI-II); Minnesota Multiphasic Personality Inventory, Second Edition (MMPI – 2); Beck Depression Inventory – 2 (BDI-2); Beck Anxiety Inventory (BAI); and the Clinician-Administered PTSD Scale for DSM-5 (CAPS-5).  (Ibid.)

LAUSD’s motion complies with Code of Civil Procedure section 2032.310, and the Court finds there is good cause to order the mental examinations requested by LAUSD.  Moreover, the parties appear to agree to conducting mental examinations and disagree only about the conditions and scope.  (See Motion at p. 3; Carrillo Decl. ¶¶ 5-6.)

Plaintiffs contend they could not stipulate to the mental examinations “because of the number of tests, nine (9), that the Plaintiffs would be subject to.”  (Opposition at p. 2.)  Plaintiffs argue the requested examinations are overbroad and vague, and Form Interrogatory Nos. 10.1, 10.2, and 10.3 are the correct vehicle for seeking information about Plaintiffs’ medical histories.  (Id. at pp. 2-3.)  Plaintiffs ask the Court to prohibit the examiner from giving Plaintiffs any written tests or forms.  (Id. at p. 3.)  Plaintiffs urge denial of the motion “[g]iven the non-existent time limits and the utter lack of limitations on the scope of the examination,” and they request no sessions lasting longer than two hours with the entire examination lasting no longer than three hours.  (Ibid.)

Plaintiffs provide no argument or authority for limiting the number of tests or prohibiting written tests and forms.  LAUSD has shown good cause for the mental examinations, instead of relying solely on form interrogatories, because the alleged wrongful conduct occurred many years ago and Plaintiffs allege ongoing mental and emotional harms.  The mental examinations are intended to produce “an informed and objective opinion as to the cause, nature, and degree of symptoms being claimed by Plaintiffs” (Motion at p. 4), which is more in-depth than the form interrogatories’ inquiries into similar, prior, and subsequent injuries.  The time limitations, scope, and conditions of the examinations are also reasonable, as no examination will exceed four hours of exam time and Plaintiffs may take breaks.

Plaintiffs demand a copy of the detailed written report, pursuant to Code of Civil Procedure section 2032.610.  (Opposition at p. 3.)  LAUSD’s proposed order states it will provide Plaintiffs with all discoverable material related to the examination within 30 days of the examination.  Plaintiffs also request an order permitting them to audio record the examinations.  (Id. at p. 4.)  The proposed order states that the examinations will be audio recorded by Dr. Lakes and the recordings will be provided to Plaintiffs within seven days of their examinations.  This is reasonable, and no further order is necessary.

Accordingly, the motion for leave of Court to perform mental examinations of Plaintiffs is GRANTED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 26th day of July 2022