16-CIV-01825 RYAN S. FANTER VS. DAWN F. WINEINGER, ET AL.

RYAN S. FANTER DAWN F. WINEINGER
CHRISTOPHER DOLAN JAMES R. PICKER

MOTION FOR LEAVE TO CONDUCT MENTAL EXAMINATION OF PLAINTIFF BY CATHOLIC CHARITIES CYO OF THE ARCHDIOCESE OF SAN FRANCISCO TENTATIVE RULING:

Defendant Catholic Charities CYO of the Archdiocese of San Francisco’s Motion for Leave to Conduct Mental Examination is GRANTED. Defendant has established good cause for the examination. Plaintiff does not dispute that Defendants are entitled to a mental examination.

Plaintiff Ryan Fanter is ordered to appear for examination on October 26, 2018 at 9:00 A.M. at 5665 College Avenue, Suite 240 E, in Oakland. The examination will be conducted by board certified neuropsychologist Joanna L. Berg, Ph.D., subject to the conditions discussed in the paragraphs below.

Plaintiff requests that Dr. Berg be prohibited from inquiring as to Plaintiff’s “childhood trauma or family relationships that did not involve violence.” Plaintiff’s request is denied. Plaintiff does not dispute that he has put his mental health in issue. While Plaintiff’s entire medical history is not subject to scrutiny, Defendants are entitled to seek information relating to the medical condition in question. Dr. Berg may question Plaintiff about childhood events or family relationships to the extent those matters may have contributed to Plaintiff’s mental health condition.

Accordingly, the examination will include, without limitation, the following: a history of Plaintiff’s mental complaints, past similar complaints, a history of the incident which is the subject of Plaintiff’s action and its relationship to Plaintiff’s complaints, a psycho-social history and other inquiries that may assist the examining physician with (i) an evaluation of the nature and extent of Plaintiff’s mental condition and complaints, (ii) determination of a diagnosis of and prognosis for Plaintiff’s mental condition and complaints and (iii) evaluation of the reasonableness and necessity of past and future treatment for Plaintiff’s mental condition and complaints.

Plaintiff does not object to the tests proposed in Dr. Berg’s declaration. As a result, the mental examination shall consist of the enumerated tests. Plaintiff requests that he be provided with the testing materials and test results (“raw data”) collected from Dr. Berg’s examination, subject to the terms of a proposed protective order. Plaintiff’s request is granted. Defendant has not established that disclosure of testing materials or test results violates Dr. Berg’s ethical obligations or copyright protections. Defendant shall produce Dr. Berg’s testing materials and test results, subject to the terms of Plaintiff’s proposed protective order, attached as Exhibit A to the declaration of Plaintiff’s counsel.

Defendant is to provide Dr. Berg with a copy of this Order prior to Plaintiff’s examination.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.