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MARCIE ISOM FITZSIMMONS (SBN: 226906)
AMBER A. EKLOF (SBN: 305750)
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
FILED
SAN MATER COUNTY
Telephone: (415) 986-5900
Facsimile: (415) 986-8054 SEP 28 201
misom@grsm.com
aeklof@grsm.com Clerk ior Court
By.
Attorneys for Defendant CORAK
TRUSTEES OF THE LELAND
STANFORD JUNIOR UNIVERSITY, erroneously sued as
THE LELAND STANFORD JUNIOR UNIVERSITY
SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SAN MATEO
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=e 12 ALI TAGHAVI, an individual, CASE NO. 17CIV04570
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UNIVERSITY’S MOTION TO COMPEL
3a 15 THE LELAND STANFORD JUNIOR PLAINTIFF’S PSYCHIATRIC
Pe UNIVERSITY, a California nonprofit INDEPENDENT MEDICAL
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STANFORD UNIVERSITY; ALTICOR,
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1-10, inclusive, Date: Novemberié, 2018
18 Time: 9:00 a.m.
Defendants. Dept: Law and Motion
19
Trial Date: December 17, 2018
20
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22 -----
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23 Desaration in Support
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DR. STRASSBERG DECLARATION
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I, MARK STRASSBERG, M.D. declare:
1 I have personal knowledge of the matters contained in this declaration and if
called to testify to them could and would do so competently.
2. I practice psychiatry, neurology, and forensic psychiatry in San Francisco,
California. I received my MD from the State University of New York in 1977. have my own
private practice in San Francisco, California specializing in neurology and psychiatry. I am also
a Preceptor for Residents and Interns at St. Mary’s Medical Center. I am licensed to practice
medicine in the State of California, and I am Board Certified in both Psychiatry and Neurology
10 by the American Board of Psychiatry and Neurology. Attached hereto as Exhibit A is a copy of
11 my current CV.
72 12 3, Ihave been retained by counsel for Defendants to conduct a forensic psychiatric
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w2z 13 evaluation of Plaintiff Ali Taghavi. The purpose of the evaluation is to evaluate the nature and
ane extent of Mr. Taghavi’s mental and emotional distress if any, and the cause(s) thereof, together
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2s with whether Mr. Taghavi’s past experiences or psychological conditions provide an.
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$3m 16 explanation for Mr. Taghavi’s perception of disputed fact allegations or an explanation for the
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enn 17 mental and emotional distress he claims to have suffered. I propose to conduct a standard
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18 forensic psychiatric examination, which, as explained later in this declaration, consists of a four
19 hour interview with the subject where I ask questions about Mr. Taghavi’s mental history and the
20 possible sources of any alleged emotional trauma.
21 4. To properly evaluate Mr. Taghavi’s mental condition, it is critical that [have
22 available a minimum of four hours for face-to-face examination time. Proper psychiatric
23 assessment of allegations such as these requires an in-depth analysis of Mr. Taghavi’s character
24 and his current mental status and reality testing. Although it is possible that the interview could
25 conclude in less than four hours, valid examinations require that examiners have the time to ask
26 all the questions they feel are required in order to arrive ata valid diagnosis and an opinion as to
27 causation, and to allow the subject to feel that he or she has had sufficient time to provide
28 complete answers to the questions. If either examiner or the subject feels rushed, essential
-2-
DR. STRASSBERG DECLARATION
information may be overlooked, Moreover, if an arbitrary time limit is imposed, the subject
might be inclined to manipulate the examination by taking frequent breaks or giving long-
winded, irrelevant answers.
5 While I have no desire to pry unnecessarily into Mr. Taghavi’s personal life, a
valid psychiatric examination must include a review of the subject’s medical and mental health
history. Among the issues a forensic examiner is called upon to testify about are the factors
which have affected the psychological condition of the subject. The exploration of past
experiences is crucial to a true and correct determination of medical causation — specifically,
whether or not a subject’s claimed emotional distress or condition was caused by the conduct
i0
forming the basis of the lawsuit or by some alternate souree or sources. To do so, I must
11
determine, for example, whether Mr. Taghavi suffered from prior traumas (in the form of injury,
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Sa disease, or life event) that may bear on his current mental state. 1 must determine whether Mr.
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35 Taghavi is taking or has taken any medications that might have produced relevant side effects. 1
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must determine how Mr. Taghavi has coped with any significant stressors in the past and
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pe whether and to what extent his current condition differs from past stressors; and I must determine
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whether Mr. Taghavi displays any characterological issues that may bear upon his current or
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future mental state and capacity, its extent, and prognosis. Mr, Taghavi’s medical history must
18
be examined in order to reveal not only the possible existence of an underlying, biological
19
psychiatric disorder, episodes of which have manifested themselves on prior occasions, but also
20
such indicia of personality disorders, substance abuse, physical complaints that have
21
psychosomatic origin, and referrals for psychiatric treatment. From a psychiatric standpoint, all
of these areas of inquiry relate to Mr. Taghavi’s mental condition, and to imposé artificial tine
2: 32
and scope limitations would be medically unsound and ill advised.
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DR. STRASSBERG DECLARATION
6. I do not plan to administer any physically painful tests to Mr. Taghavi, nor do I
plan to perform any invasive procedures. The court can rest assured that I will not make any
inquiries that violate the ethical standards of my profession or the standards of competent
forensic. psychiatric practice.
I declare under penalty of perjury under the laws of the State of California that the
matters in this declaration are true and correct. Executed this 2] day of September 2018 at
San Francisco, California.
10
MARK STRASSBERG, M.D.
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A
DR. STRASSBERG DECLARATION
EXHIBIT A
MARK H. STRASSBERG, M.D.
2000 Van Ness Avenue, Suite 610
San Francisco, CA 94109
Telephone (415) 749-6820
FAX (415) 673-4829
Board Certified in Neurology
Board Certified in Psychiatry
CURRICULUM VITAE
EDUCATION
1986-1989 Residency, Department of Neurology, University of California, Davis,
Martinez Veterans’ Administration Hospital.
1978-1981 Residency, Department of Psychiatry, University of California, San
Francisco.
1977-1978 Flexible Internship, Deaconess Hospital, Buffalo, New York.
1977 MLD., School of Medicine, State University of New York at Buffalo.
1972 B.S., Brooklyn College, Brooklyn, New York.
BOARD CERTIFICATION
1990 American Board of Psychiatry and Neurology, Neurology
1984 American board of Psychiatry and Neurology, Psychiatry
1978 National Board of Medical Examiners
LICENSURE
State of California License Number G38284
CURRENT POSITION
Private Practice in Neurology and Psychiatry, 1991+.
FORMER STAFF POSITIONS
Neurology Associate, Newton Medical Group, San Francisco, California, 1989-1991.
Mark H. Strassberg, M.D.
Page 2
Director, In-Patient Forensic Psychiatric Service, Alameda County, Highland General
Hospital, Oakland, California, 1983-1986.
Private Practice, Psychiatry, San Francisco, California, 1981-1984.
Staff Psychiatrist, Center for Special Problems, San Francisco, California, 1981-3.
Staff Physician, General Medicine Drop-In Clinic, Kaiser Hospital, Walnut Creek,
California, 1979-1982.
TEACHING POSITIONS, PAST AND CURRENT
Preceptor for Residents and Interns, Department of Medicine, St. Mary’s Medical Center,
2003+.
Attending for Residents and Interns, University of California San Francisco Medical
Center, Mount Zion Campus, 1991-1998.
Assistant Clinical Professor of Psychiatry, Langley-Porter/UCSF, 1981-1986.
Faculty, Hastings College of the Law Continuing Legal Education College of Advocacy
Program, 1994-2000.
PROFESSIONAL ORGANIZATIONS
American Academy of Neurology
American Medical Association
American Pain Society
American Psychiatric Association
California Medical Association
California Psychiatric Association
Northern California Psychiatric Society
San Francisco Medical Society
San Francisco Neurological Society
HOSPITAL STAFF PRIVILEGES
California Pacific Medical Center
Saint Francis Memorial Hospital
St. Mary’s Medical Center
Current
as of 11/3/17
Preview
wv y MARCIE ISOM FITZSIMMONS (SBN: 226906) AMBER A. EKLOF (SBN: 305750) GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 FILED SAN MATER COUNTY Telephone: (415) 986-5900 Facsimile: (415) 986-8054 SEP 28 201 misom@grsm.com aeklof@grsm.com Clerk ior Court By. Attorneys for Defendant CORAK TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, erroneously sued as THE LELAND STANFORD JUNIOR UNIVERSITY SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 =e 12 ALI TAGHAVI, an individual, CASE NO. 17CIV04570 gs gan Zit 13 Plaintiff, DECLARATION OF DR. MARK Bea STRASSBERG IN SUPPORT OF BAS Eu 14 VS. DEFENDANT STANFORD =2 > Bs UNIVERSITY’S MOTION TO COMPEL 3a 15 THE LELAND STANFORD JUNIOR PLAINTIFF’S PSYCHIATRIC Pe UNIVERSITY, a California nonprofit INDEPENDENT MEDICAL DOs ga gon 16 corporation, doing business as EXAMINATION mee gna STANFORD UNIVERSITY; ALTICOR, ga 17 INC., a Michigan corporation; and DOES 1-10, inclusive, Date: Novemberié, 2018 18 Time: 9:00 a.m. Defendants. Dept: Law and Motion 19 Trial Date: December 17, 2018 20 21 22 ----- cos 23 Desaration in Support 24 25 AO Mn ae 26 27 28 -l- DR. STRASSBERG DECLARATION awa rane AY @) I, MARK STRASSBERG, M.D. declare: 1 I have personal knowledge of the matters contained in this declaration and if called to testify to them could and would do so competently. 2. I practice psychiatry, neurology, and forensic psychiatry in San Francisco, California. I received my MD from the State University of New York in 1977. have my own private practice in San Francisco, California specializing in neurology and psychiatry. I am also a Preceptor for Residents and Interns at St. Mary’s Medical Center. I am licensed to practice medicine in the State of California, and I am Board Certified in both Psychiatry and Neurology 10 by the American Board of Psychiatry and Neurology. Attached hereto as Exhibit A is a copy of 11 my current CV. 72 12 3, Ihave been retained by counsel for Defendants to conduct a forensic psychiatric eSm— gam w2z 13 evaluation of Plaintiff Ali Taghavi. The purpose of the evaluation is to evaluate the nature and ane extent of Mr. Taghavi’s mental and emotional distress if any, and the cause(s) thereof, together 20 14 28 as 2s with whether Mr. Taghavi’s past experiences or psychological conditions provide an. 5a 15 BE $3m 16 explanation for Mr. Taghavi’s perception of disputed fact allegations or an explanation for the me enn 17 mental and emotional distress he claims to have suffered. I propose to conduct a standard sa 18 forensic psychiatric examination, which, as explained later in this declaration, consists of a four 19 hour interview with the subject where I ask questions about Mr. Taghavi’s mental history and the 20 possible sources of any alleged emotional trauma. 21 4. To properly evaluate Mr. Taghavi’s mental condition, it is critical that [have 22 available a minimum of four hours for face-to-face examination time. Proper psychiatric 23 assessment of allegations such as these requires an in-depth analysis of Mr. Taghavi’s character 24 and his current mental status and reality testing. Although it is possible that the interview could 25 conclude in less than four hours, valid examinations require that examiners have the time to ask 26 all the questions they feel are required in order to arrive ata valid diagnosis and an opinion as to 27 causation, and to allow the subject to feel that he or she has had sufficient time to provide 28 complete answers to the questions. If either examiner or the subject feels rushed, essential -2- DR. STRASSBERG DECLARATION information may be overlooked, Moreover, if an arbitrary time limit is imposed, the subject might be inclined to manipulate the examination by taking frequent breaks or giving long- winded, irrelevant answers. 5 While I have no desire to pry unnecessarily into Mr. Taghavi’s personal life, a valid psychiatric examination must include a review of the subject’s medical and mental health history. Among the issues a forensic examiner is called upon to testify about are the factors which have affected the psychological condition of the subject. The exploration of past experiences is crucial to a true and correct determination of medical causation — specifically, whether or not a subject’s claimed emotional distress or condition was caused by the conduct i0 forming the basis of the lawsuit or by some alternate souree or sources. To do so, I must 11 determine, for example, whether Mr. Taghavi suffered from prior traumas (in the form of injury, 7S 12 Sa disease, or life event) that may bear on his current mental state. 1 must determine whether Mr. aos #23 13 soa 35 Taghavi is taking or has taken any medications that might have produced relevant side effects. 1 gaa 0 14 must determine how Mr. Taghavi has coped with any significant stressors in the past and >s 2s 2ga 15 pe whether and to what extent his current condition differs from past stressors; and I must determine 16 ag Ow whether Mr. Taghavi displays any characterological issues that may bear upon his current or ga 17 future mental state and capacity, its extent, and prognosis. Mr, Taghavi’s medical history must 18 be examined in order to reveal not only the possible existence of an underlying, biological 19 psychiatric disorder, episodes of which have manifested themselves on prior occasions, but also 20 such indicia of personality disorders, substance abuse, physical complaints that have 21 psychosomatic origin, and referrals for psychiatric treatment. From a psychiatric standpoint, all of these areas of inquiry relate to Mr. Taghavi’s mental condition, and to imposé artificial tine 2: 32 and scope limitations would be medically unsound and ill advised. 24 ut 25 HW 26 H 27 28 4 3. DR. STRASSBERG DECLARATION 6. I do not plan to administer any physically painful tests to Mr. Taghavi, nor do I plan to perform any invasive procedures. The court can rest assured that I will not make any inquiries that violate the ethical standards of my profession or the standards of competent forensic. psychiatric practice. I declare under penalty of perjury under the laws of the State of California that the matters in this declaration are true and correct. Executed this 2] day of September 2018 at San Francisco, California. 10 MARK STRASSBERG, M.D. 11 =e 12 gon gan son #23 13 sa ga< 14 €S > 2s 252 15 ope a gi ee 16 meg gon 17 ga 18 19 20 21 22 23 24 25 26 27 28 A DR. STRASSBERG DECLARATION EXHIBIT A MARK H. STRASSBERG, M.D. 2000 Van Ness Avenue, Suite 610 San Francisco, CA 94109 Telephone (415) 749-6820 FAX (415) 673-4829 Board Certified in Neurology Board Certified in Psychiatry CURRICULUM VITAE EDUCATION 1986-1989 Residency, Department of Neurology, University of California, Davis, Martinez Veterans’ Administration Hospital. 1978-1981 Residency, Department of Psychiatry, University of California, San Francisco. 1977-1978 Flexible Internship, Deaconess Hospital, Buffalo, New York. 1977 MLD., School of Medicine, State University of New York at Buffalo. 1972 B.S., Brooklyn College, Brooklyn, New York. BOARD CERTIFICATION 1990 American Board of Psychiatry and Neurology, Neurology 1984 American board of Psychiatry and Neurology, Psychiatry 1978 National Board of Medical Examiners LICENSURE State of California License Number G38284 CURRENT POSITION Private Practice in Neurology and Psychiatry, 1991+. FORMER STAFF POSITIONS Neurology Associate, Newton Medical Group, San Francisco, California, 1989-1991. Mark H. Strassberg, M.D. Page 2 Director, In-Patient Forensic Psychiatric Service, Alameda County, Highland General Hospital, Oakland, California, 1983-1986. Private Practice, Psychiatry, San Francisco, California, 1981-1984. Staff Psychiatrist, Center for Special Problems, San Francisco, California, 1981-3. Staff Physician, General Medicine Drop-In Clinic, Kaiser Hospital, Walnut Creek, California, 1979-1982. TEACHING POSITIONS, PAST AND CURRENT Preceptor for Residents and Interns, Department of Medicine, St. Mary’s Medical Center, 2003+. Attending for Residents and Interns, University of California San Francisco Medical Center, Mount Zion Campus, 1991-1998. Assistant Clinical Professor of Psychiatry, Langley-Porter/UCSF, 1981-1986. Faculty, Hastings College of the Law Continuing Legal Education College of Advocacy Program, 1994-2000. PROFESSIONAL ORGANIZATIONS American Academy of Neurology American Medical Association American Pain Society American Psychiatric Association California Medical Association California Psychiatric Association Northern California Psychiatric Society San Francisco Medical Society San Francisco Neurological Society HOSPITAL STAFF PRIVILEGES California Pacific Medical Center Saint Francis Memorial Hospital St. Mary’s Medical Center Current as of 11/3/17