Case Number: BC494091    Hearing Date: July 10, 2014    Dept: 91

Defendant’s Motion to Compel Plaintiff Lynn Rossi to Appear for a Mental Examination and to Answer Questions Pertaining to Personal History Including Sexual Abuse, filed on 6/13/14 is GRANTED. §§ 2032.020, 2032.240.

Plaintiff does not oppose undergoing a neuropsychological exam; she objects to the inquiry into past sexual history and to the 10-hour time requirement. Plaintiff has the right of privacy as to medical conditions not implicated in the lawsuit. Britt v. Superior Court, 20 Cal. 3d 844, 849 (Cal. 1978). Where Defendant seeks discovery of information protected by constitutional privacy, Defendant must show that the information is directly relevant to a claim or defense. Harris v. Superior Court (1992) 3 Cal.App.4th 661, 665

Plaintiff claims the following injuries, which place her mental condition at issue:

“Blunt head trauma, closed head injury, concussion, post-concussion syndrome, panic disorder, cervical sprain/strain; mid-, upper-back sprain/strain; left shoulder sprain/strain; contusion/laceration right leg. Defendant’s Ex. C, 4:9-13 (Response to Interrogatory 6.2

She also identified the health care providers she sought for injury she attributed to the injury. Among others, she identified Hrymoc Addiction Medicine Group, Center for the Psychology of Women and Addiction Medicine Group/Cedars-Sinai. Ex. C, 4:22-5:3. Plaintiff further responded that she has undergone psychiatric/psychological care and participates in group psychotherapy. Ex C., 5:17-19.

The declaration of Defendant’s expert (Dr. Moyer) links the Plaintiff’s history of sexual abuse as a factor in determining Plaintiff’s psychological trauma that Plaintiff attributes to this incident. Plaintiff’s medical records from the Center for the Psychology of Women indicate that Lynn Rossi from the Center for the Psychology of Women wanted to address underlying trauma issues, including sexual abuse; abusive relationships and depression. Moyer decl. ¶ 3-4.

The underlying traumas (including sexual abuse) was a factor in determining and treating Plaintiff’s present mental condition, as determined by Plaintiff’s treating physicians. Moyer decl., ¶ 4. Accordingly, Defendant’s expert should be permitted to also inquire with Plaintiff to determine whether Plaintiff’s past sexual history and trauma (molestation, etc.) affects her current mental condition.

Given the complexity of Plaintiff’s mental condition which relates to underlying trauma, an 8-10 hour examination, including a personal history is not unreasonable. Dr. Moyer states it will be a 2-day examination with a break in between to guard against fatigue for the doctor and the Plaintiff. Moyer decl ¶ 9. The scope of the examination is to protect the burden on Plaintiff.

Accordingly, the court orders Plaintiff to appear for her IME subject to the time and scope limitations identified by Defendant in its Demand for mental Examination. Defendant’s Ex. N.