On October 26, 2016 a
Motion-Secondary
was filed
involving a dispute between
Underhill Marie,
and
Does 1 To 100,
Estate Of Testa,
for civil
in the District Court of Los Angeles County.
Preview
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‘Brown, Brown & Brown
David S. Brown; Bar No. 89438
Joan Benjamin Brown; State Bar No. 93572 FILED
Court of C2"'ernia
Aaron M. Brown; State Bar No. 277981 See unty ot Los Angeles
23326 Hawthorne Boulevard, Suite 380
Torrance, CA 90505-3725 NOV 18 2017
310-378-3733; fax 310-378-0703 ‘Sh erri deed oe juve Otticer/Cierh
mrtorts@aol.com 8y, Oeputy
Raul Sanchez
Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
Marie Underhill, Plaintiff, BC638507, Dept. 93, trial 4-26-18
10
v
1} Estate of Testa (Deceased) and Does OPPOSITION TO MOTION FOR
1 to 100, Defendants. MENTAL EXAMINATION
12 MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF
13 JOAN BENJAMIN BROWN
14
Date: November 28, 2017
15
Time: 1:30
16 Dept: 93
17
18
19 Plaintiff opposes defendant's motion to require plaintiff to submit to a mental
20 examination by a neuropsychologist. Pursuant to Code of Civil Procedure section
21 2032.320 (d), in order for the Court to grant the motion, the Court must be able to
22 order the specific “diagnostic tests and procedures” to be done. However,
23 defendant's motion does not state what diagnostic tests and procedures are to be
24 done, or why, and therefore does not give this Court sufficient information upon which
25 to make an order of the specific tests to be done. According to the Court of Appeal, a
26 broad laundry list that the examiner may pick from does not suffice. The Court cannot
ee
ee 27 grant carte blanche to the examiner to perform any test.
1 28
ho OPPOSITION TO MOTION FOR MENTAL EXAMINATION
i 4
md
Document Filed Date
November 13, 2017
Case Filing Date
October 26, 2016
Status
Jury Verdict 05/25/2018
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~- @ ‘Brown, Brown & Brown David S. Brown; Bar No. 89438 Joan Benjamin Brown; State Bar No. 93572 FILED Court of C2"'ernia Aaron M. Brown; State Bar No. 277981 See unty ot Los Angeles 23326 Hawthorne Boulevard, Suite 380 Torrance, CA 90505-3725 NOV 18 2017 310-378-3733; fax 310-378-0703 ‘Sh erri deed oe juve Otticer/Cierh mrtorts@aol.com 8y, Oeputy Raul Sanchez Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES Marie Underhill, Plaintiff, BC638507, Dept. 93, trial 4-26-18 10 v 1} Estate of Testa (Deceased) and Does OPPOSITION TO MOTION FOR 1 to 100, Defendants. MENTAL EXAMINATION 12 MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF 13 JOAN BENJAMIN BROWN 14 Date: November 28, 2017 15 Time: 1:30 16 Dept: 93 17 18 19 Plaintiff opposes defendant's motion to require plaintiff to submit to a mental 20 examination by a neuropsychologist. Pursuant to Code of Civil Procedure section 21 2032.320 (d), in order for the Court to grant the motion, the Court must be able to 22 order the specific “diagnostic tests and procedures” to be done. However, 23 defendant's motion does not state what diagnostic tests and procedures are to be 24 done, or why, and therefore does not give this Court sufficient information upon which 25 to make an order of the specific tests to be done. According to the Court of Appeal, a 26 broad laundry list that the examiner may pick from does not suffice. The Court cannot ee ee 27 grant carte blanche to the examiner to perform any test. 1 28 ho OPPOSITION TO MOTION FOR MENTAL EXAMINATION i 4 md