Case Number: BC665866 Hearing Date: August 21, 2019 Dept: 2

Motion by Defendant, Patrick Doyle Thomas, to Compel Neurological Examination of Plaintiff, filed on 7/26/19, is GRANTED.

Plaintiff is ordered to appear for examination with Defendant’s neurologist as duly noticed by Defendant. The parties are ordered to meet and confer on a mutually convenient date for the examination in September when Plaintiff returns to California. Defendant has obtained alternative dates on 9/26/19, 9/30/19, and the first week of October. Reply, 2:21 – 3:2.

The 9/27/19 trial date is continued for 45 days to permit the examination to be taken. Discovery cutoff is based on the continued trial date but only to permit this examination to be taken.

Defendant is entitled to obtain discovery by means of a physical or mental examination. Cal Code Civil Procedure § 2032.020.

Mental examinations and those exams other than that described under Section 2032.220 require leave of court and are governed by Cal. Code Civ. Proc. §2032.310. Code Civ. Proc., § 2032.310(a).

There is good cause to compel a neurological examination based on the injuries Plaintiff has placed at issue.

“Good cause” is established where there are specific facts justifying discovery and the inquiry is relevant to the subject matter of the action or reasonably calculated to lead to the discovery of admissible evidence. Vinson v. Superior Court (1987) 43 Cal. 3d 833, 840.

Plaintiff’s expert neurologist, Edwin Amos, M.D., examined Plaintiff and opined that Plaintiff sustained a mild traumatic injury or concussion, and was “probably experiencing some residual or persistent post-concussion symptomatology.” Declaration of Pennie P. Liu, ¶ 5; Supplemental Declaration of Pennie P. Liu, ¶ 2.

Plaintiff’s claim that Dr. Amos did not find any neurological deficits referable to Plaintiff’s mild traumatic brain injury is based on information and belief. Plaintiff refuses to submit the report to the court, even under seal. Declaration of Leichenger, ¶ 2.

Defense counsel has quoted from Dr. Amos’ report and acknowledges the report was not submitted at Plaintiff’s request. Liu Declaration ¶ 4, page 7, fn. 3.

Regardless, Plaintiff’s discovery responses confirmed that she suffered a head injury and mild traumatic brain injury with persistent post-concussion syndrome. Motion, Ex. A, 2:15-18.

Plaintiff has designated Edwin C. Amos, III as an expert. Motion, Ex. B. Accordingly, there is good cause for the examination since Plaintiff is asserting a neurological injury and intends to establish this at trial through her expert, Dr. Amos.

The court sets the following dates:

FSC: 11/1/19

Trial: 11/14/19

Moving party is ordered to give notice.