Tentative Ruling

Defendant brings this motion to compel the psychological examinations of the plaintiffs by their expert neuropsychologist Vincent Filoteo, Ph.D. Plaintiff opposes, contending the matter was noticed for examination after the initial discovery cutoff, was not encompassed in the stipulation extending expert discovery and is more than 75 miles from plaintiffs' residence.

The court has considered the moving and opposing papers and previously held an Informal Discovery Conference (IDC) on this issue at which time the parties stipulated to have this court hear the motion if the negotiations were unsuccessful. Since the IDC, further discussions have ensued between the parties, but there is no agreement on the examination.

Plaintiffs' have placed their emotional condition in issue in this action in which they seek significant emotional distress damages based on the "wanton" recklessness of defendants in exposing them to a bedbug infestation. They plan to have their treating