CHIH HU VS. BOSTON PROPERTIES ET AL

Matter on the Law & Motion/Discovery Calendar for Tuesday July 15, 20251, line, DEFENDANTS BOSTON PROPERTIES LIMITED PARTNERSHIP, BXP CALIFORNIA GP LLC, BXP RESEARCH PARK LP, BXP, INC.'S Motion To Compel Mental Independent Medical Examination On Plaintiff Hu (tentative ruling part 1 of 2)

Defendants BXP Research Park LP et al (collectively BXP) seek an order compelling plaintiff Chih Hu to submit to a mental examination. The court grants the motion on the terms stated herein. The examination shall be conducted by Howard J. Friedman, Ph.D., at the office location listed in Exhibit A to the D. Kim declaration, may include a clinical interview, and may include any of the tests listed in paragraph 10 of the Friedman reply declaration. The examination shall be limited to five hours exclusive of breaks. The examination shall take place on a date mutually agreed by the parties to occur within 30 days of entry of this order.

Hu contends she suffers complex regional pain syndrome (CRPS) as a result of the incident giving rise to this case. According to defendants' experts, CRPS is challenging to diagnose and may result in physical, emotional, and cognitive symptoms. (Gershwin Dec. para. 6.) Hu has provided discovery responses indicating she suffers from mental and cognitive symptoms as a result of the incident, including fatigue, anxiety, depression, insomnia, migraines, brain fog, and mental fatigue. (See D. Kim Dec. Ex. E, pdf pp. 8-9.) Contrary to Hu's contention, the mental injuries she claims are not garden variety. (See Vinson v. Superior Court (1987) 43 Cal.3d 833, 839-840.) The court finds good cause.

Hu objects to the administration of certain tests listed in the notice of motion because they were not listed in BXP's notice of examination and not discussed in informal resolution efforts. The Friedman Declaration, submitted on reply, includes a list of proposed tests to be conducted by this expert which were included in the notice of examination. (Friedman Dec. para. 10; D. Kim Dec. Ex. A.) The court limits the ordered tests to those listed in the Friedman declaration.

The court has considered whether to permit Hu to file a surreply to the Friedman declaration. During meet and confer efforts, Hu's opposition to the IME was not based on the particular tests sought but rather on whether BXP could obtain a mental examination at all. In light of that the court concludes there is no reason to seek further briefing.

Hu objects to the clinical interview as overbroad and intrusive. The court disagrees in light of the emotional symptoms listed in her form interrogatory responses; BXP is entitled to discovery into the cause of these symptoms.

Hu asks that the examination be limited to 2.5 hours, contending this is all that is clinically required. (M. Kim Dec. para. 14.) Hu's expert's time estimate excludes any time for testing and is therefore not an accurate estimate of the duration of what the court orders today. (end of tentative ruling part 1 see part 2) = (302/CVA) | |