Doyle v. Superior Court

• Citation: 58 Cal.Rptr.2d 476,50 Cal.App.4th 1878
• Decision Date: 31 October 1996
• Docket Number: No. H015179,H015179
• Court: California Court of Appeals
• Parties: , 69 Empl. Prac. Dec. P 44,536, 96 Cal. Daily Op. Serv. 8539, 96 Daily Journal D.A.R. 14,100 Cindy DOYLE, Petitioner, v. The SUPERIOR COURT of the State of California, in and for the County of Santa Clara, Respondent, Daniel CALDWELL, Real Party in Interest.

Page 476

58 Cal.Rptr.2d 476

50 Cal.App.4th 1878, 69 Empl. Prac. Dec. P 44,536,

96 Cal. Daily Op. Serv. 8539,

96 Daily Journal D.A.R. 14,100

Cindy DOYLE, Petitioner, v. The SUPERIOR COURT of the State of California, in and for the County of Santa Clara, Respondent, Daniel CALDWELL, Real Party in Interest.

No. H015179.

Court of Appeal, Sixth District, California.

Oct. 31, 1996.

Connie M. Teevan, Rogers, Joseph, O'Donnell & Quinn, San Francisco, for Petitioner Cindy Doyle.

Randall Widmann, Law Office of Randall Widmann, Palo Alto, for Real Party Daniel Caldwell.

MIHARA, Associate Justice.

This petition seeks to overturn an order compelling petitioner Cindy Doyle to undergo a mental examination and to pay monetary sanctions to real party Daniel Caldwell for opposing his motion to compel this mental examination. Doyle claims that this mental examination was not justified under Code of Civil Procedure section 2032 because her allegation that she had suffered emotional distress arising from Caldwell's alleged sexual harassment of her which was not ongoing and had ended in October 1994 did not place her "mental condition" in controversy in her sexual harassment action against Caldwell. We agree with Doyle that her allegation did not place her mental condition in controversy, and we issue a peremptory writ of mandate.

BACKGROUND

From December 1992 through March 1994, Caldwell and Doyle were both employed by the same company, and Caldwell was Doyle's immediate supervisor. Doyle complained to Caldwell and to the company about Caldwell's alleged sexual harassment of her. In March 1994, the company terminated Caldwell's employment. In May 1994, Caldwell filed an action against the company for wrongful termination and against Doyle for defamation and interference with economic advantage. Caldwell claimed that Doyle's assertions that he had sexually harassed her were false. In July 1994, Doyle filed a cross-complaint against Caldwell and unnamed Doe defendants seeking damages for Caldwell's sexual harassment of her and creation of a "hostile working environment." She alleged that she "has suffered and continues to suffer lost income and benefits, severe emotional distress and mental anguish...."

In January 1995, a special master was appointed to hear "all discovery disputes in this matter," and the appointment order provided that the special master's decisions "will be final save for the parties [sic] appellate rights." At her deposition in March 1995 In November 1995, Doyle sought leave to amend her cross-complaint to reflect that her emotional distress resulting from Caldwell's conduct had ceased by October 1994. The proposed amendment was consistent with Doyle's deposition testimony. A hearing on Doyle's request for leave to file the amended pleading was scheduled for January 18, 1996. In February 1996, the superior court granted Doyle leave to file her amended cross-complaint. The amended cross-complaint deleted the allegation that Doyle "continues to suffer ... severe emotional distress" and replaced it with an allegation that she "has suffered ... emotional distress." In the amended cross-complaint, Doyle expressly limited her prayer for damages to "mental pain and suffering and emotional distress through October 1994."

                Doyle testified that she was experiencing [50 Cal.App.4th 1881] stress from two miscarriages and a pregnancy during the period of time that she was being sexually harassed by Caldwell, but she was not experiencing any stress during that period as a result of her estrangement from her father.  In June 1995, Caldwell brought a motion to compel a mental examination of Doyle and sought sanctions for Doyle's refusal to voluntarily submit to such an examination.  Doyle opposed the motion on the grounds that (1) her mental condition had not been placed "in controversy" because she was seeking only "garden-variety" emotional distress damages for past mental distress ending in October 1994, (2) Caldwell had not shown "good cause" for ordering such an examination, and (3) Caldwell had failed to give the notice required by Code of Civil Procedure section 2032, subdivision (d) of the "conditions, scope and nature of the examination."   The record provided by the parties does not contain any documentation that verifies that the special master ruled on Caldwell's motion to compel prior to December 1995, although numerous references by the parties indicate that the special master granted the motion conditioned on Caldwell giving the notice required by Code of Civil Procedure section 2032
                

On December 5, 1995, Caldwell transmitted a "disclosure pursuant to section 2032 of the California Code of Civil Procedure" to Doyle. This "disclosure" contained the following information. "Dr. Margo M. Leahy, a licensed psychiatrist who has been certified by the American Board of Psychiatry & Neurology since 1983, will conduct the examination with the assistance of Dr. Mary Ann Yaeil Kim, a licensed clinical psychologist with in excess of five (5) years of postgraduate experience in the diagnosis of mental and emotional disorders. [p] Dr. Leahy will conduct a psychological and mental status examination which is comprised of interviewing and talking with the subject for approximately 2 hours in her office located at 1902 Webster St., San Francisco, CA. at 9:15 a.m. on January 12, 1996. [p] As part of the IME [Independent Mental Examination] and to be used by Dr. Leahy in formulating her opinions, Dr. Kim will conduct a set of standard psychological tests of the subject which include a question and answer session, the MMPI and other standard projective tests. The tests will be conducted at Dr. Kim's office located at 311 California St., Suite 720, San Francisco, CA. at 11:00 a.m. on January 9, 1995, and will take approximately 3 hours. [p] Staff personnel of Dr.'s Leahy and Kim may be present to assist, if necessary."

Doyle immediately responded by objecting to this "disclosure." She asserted that the disclosure was inadequate because it did not identify "the scope of the examination" or the "specific diagnostic tests" that would be utilized. Caldwell responded to these objections by sending Doyle's attorney a letter in which he informed her that "Dr. Kim has informed me that the projective tests she will be conducting are the Rorschach Inkblot test, Thematic Apperception test, and the Rotter Incomplete Sentences test." At a hearing before the special master on December 18, 1995, the special master overruled Doyle's objections and found the disclosure adequate. The special master also assessed sanctions of $500 against Doyle. The special master thereafter rejected Doyle's request for a stay "without prejudice to seek a stay with the Superior Court." On January 18, 1996, the special master issued a written "order" overruling Doyle's objections, compelling Doyle to submit to a mental examination and assessing sanctions of $500 against Doyle on the ground that her "objections On February 2, 1996, Doyle brought a motion in the superior court "for an order to overrule the Special Master's ruling...." She asserted that she could not be compelled to submit to a mental examination because her mental state was not "in controversy" and Caldwell had not shown "good cause" for compelling such an examination. Alternatively, she asserted that Caldwell's disclosure was inadequate because it had failed to "identify the scope" of the examination. On February 6, 1996, Doyle obtained an order from the superior court postponing the mental examination then scheduled for February 14 and 16 pending the superior court's decision on her motion. On February 21, 1996, Caldwell notified Doyle that he had rescheduled the mental examination for March 20 and 22, 1996. On March 20, 1996, the superior court filed an order rejecting Doyle's objections to the special master's orders. Doyle filed a timely petition in this court seeking a writ of mandate or prohibition directing the superior court to vacate its order and enter a new order either denying Caldwell's motion to compel a mental examination or limiting the scope of the mental examination. The superior court granted Doyle's request for a postponement of the mental examination pending this court's decision on her petition. On May 8, 1996, we issued an alternative writ of mandate directing Caldwell to show cause why a peremptory writ of mandate should not be issued. We also stayed enforcement of the superior court's order compelling Doyle to submit to a mental examination.

were frivolous and were without substantial justification...." This "order" and another "order" denying Doyle's request for a stay were filed in the superior court on January 26, 1996.

DISCUSSION

"Any party may obtain discovery, subject to the restrictions set forth in Section 2019, by means of a physical or mental examination of (1) a party to the action ... in any action in which the mental or physical condition ... of that party ... is in controversy in the action." (Code Civ. Proc., § 2032, subd. (a).) "If any party desires to obtain discovery ... by a mental examination, the party shall obtain leave of court. The motion for the examination shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination.... [p] The court shall grant a motion for a physical or mental examination only for good cause shown. If a party stipulates that (1) no claim is being made for mental and emotional distress over and above that usually associated with the physical injuries claimed, and (2) no expert testimony regarding this usual mental and emotional distress will be presented at trial in support of the claim for damages, a mental examination of a person for whose personal injuries a recovery is being sought shall not be ordered except on a showing of exceptional circumstances. The order granting...