State v. the Super. Ct. of Santa Cruz County
| Decision Date | 21 December 2001 |
| Docket Number | H022919,6 |
| Court | California Court of Appeals Court of Appeals |
| Parties | THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent; MICHAEL THOMAS CHEEK, Real Party in Interest. THE PEOPLE, GREGORY GRANT, Real Party in Interest. H022919 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT Filed |
(Santa Cruz County Super. Ct. No. ME-30) Super. Ct. No. ME-31)
Trial Court: Santa Cruz County Superior Court Superior Court No. ME-30
Trial Judge: Hon. Michael E. Barton, Attorney for Petitioner: Bill Lockyer
Attorney General, State of California David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Rene A. Chaconm Supervising Deputy Attorney General, Bridget Billeter, Deputy Attorney General
Attorney for Respondent: Attorney for Real Party in Interest:
No Appearances Kristine M. Burk, William Weigel, Lisa McCamey
CERTIFIED FOR PUBLICATION
The People petition for extraordinary relief from the orders of respondent court denying the People's motions to quash the notices of deposition issued by real parties in interest Michael Thomas Cheek (Cheek) and Gregory Grant (Grant). The trial court's orders allow the depositions of several Atascadero State Hospital physicians and psychologists to be taken pursuant to subpoena in proceedings to commit Cheek and Grant under the Sexually Violent Predators Act (SVPA), Welfare and Institutions Code section 6600 et seq. We granted writ review to answer a question of first impression: whether the right to civil discovery in SVPA proceedings includes the right to notice depositions. We determine that the Civil Discovery Act of 1986 (Code Civ. Proc., 2016 et seq. (Civil Discovery Act))1 applies in SVPA proceedings and therefore the deposition method of discovery is available.
We further conclude that the right to discovery in SVPA proceedings is subject to certain provisions of the Civil Discovery Act which expressly authorize the trial court to manage discovery and to prevent misuse of discovery procedures. Finally, we conclude that the scope of discovery in SVPA proceedings is circumscribed by the two narrow issues presented at trial: (1) whether the person sought to be committed "has been convicted of a sexually violent offense against two or more victims" (Welf. & Inst. Code, 6600, subd. (a)(1)); and (2) whether the person "has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior." (Welf. & Inst. Code, 6600, subd. (a)(1).)
On the basis of these conclusions, we will issue writs of mandate vacating the orders denying the People's motions, and return these matters to the trial court with directions to reconsider its rulings in accordance with those provisions of the Civil Discovery Act, which authorize a trial court to exercise its discretion to manage civil discovery.
The People filed writ petitions challenging the trial court's orders denying the People's motions to quash notices of deposition issued in the SVPA commitment proceedings pertaining to Grant (People v. Grant, Action No. ME-31) and to Cheek (People v. Cheek, Action No. ME-30). Since the two writ petitions raise the same discovery issue, we ordered that these original proceedings be considered together for purposes of an order to show cause, briefing, oral argument and decision. We also stayed all trial court proceedings while our writ review was pending. A brief summary of the factual and procedural background of each original proceeding follows.
On March 20, 2001, the People filed a petition for recommitment of Cheek to the California State Department of Mental Health (DMH) as a sexually violent predator (SVP) pursuant to Welfare and Institutions Code section 6600 et seq. The petition alleges that Cheek has five convictions for sexually violent offenses involving two or more victims, that Cheek was found to be a sexually violent predator in 1998 and was committed to the DMH for two years, and that Cheek was recently evaluated by two psychologists or psychiatrists for the purpose of determining whether he should be recommitted. 2
The People's petition is supported by a letter to the District Attorney of Santa Cruz County from Robert S. Knapp, M.D., Medical Director, Atascadero State Hospital. In the letter, Dr. Knapp advises that the DMH recommends that a petition for extension of commitment be filed, because "[s]tate hospital treatment staff believe that this patient is a person who continues to meet all the legal and clinical criteria which led to the original civil commitment and therefore qualifies for extension of commitment under [the] provisions of Welfare and Institutions Code section 6604." Also attached to the petition are the SVP recommitment evaluations of two clinical psychologists, Dawn Starr, Ph.D. and Todd Thies, Ph.D. Dr. Starr concluded that Cheek "is likely to commit future sexually violent predatory criminal acts without appropriate treatment and custody." Dr. Thies's evaluation states that "as a result of his diagnosed mental disorder Mr. Cheek is likely to engage in sexually violent criminal behavior in the future."
While the March 2001 recommitment petition was pending, Cheek's attorney issued deposition subpoenas which noticed three individuals to appear for oral depositions, including Dr. Diane Imrem and Dr. Gabrielle Palladino of Atascadero State Hospital and Dr. Dale Arnold of Pismo Beach, California. The deponents are identified in the current SVP recommitment evaluations as having submitted reports in connection with Cheek's previous SVP commitment. Dr Imrem prepared a "psychological intake/transfer summary" dated August 22, 1997. Dr. Palladino, a staff psychiatrist, prepared an "annual WIC 6604 report" dated June 5, 1998. Dr. Arnold is a clinical psychologist who wrote a "6600 evaluation" dated April 19, 1999.
The People responded to the deposition subpoenas by filing a motion to quash the deposition notices on grounds that civil discovery is not permitted in SVPA proceedings because such proceedings are quasi-criminal and civil discovery would frustrate the proceedings by causing unnecessary delay and expense. Further, the People asserted that the appellate court had erred in ruling to the contrary in Leake v. Superior Court (2001) 87 Cal.App.4th 675 (Leake). The People later filed supplemental points and authorities contending that Leake was not final and binding authority because the People's petition for review was pending in the California Supreme Court.
Cheek filed opposition to the motion to quash the deposition notices, arguing that Leake nevertheless constituted binding authority which authorized civil discovery in SVPA proceedings. Cheek also pointed to the California Supreme Court's decision in Hubbart v. Superior Court (1999) 19 Cal.4th 1138, which established that SVPA proceedings are civil in nature. Finally, Cheek contended that the People did not have standing to move to quash the depositions of employees of Atascadero State Hospital.
At the time of the hearing on the motion to quash, the trial court denied the People's motion on the sole ground that it was compelled to follow the decision in Leake that civil discovery is permitted in SVPA proceedings. At no time in the law and motion proceeding were any issues raised as to the propriety of the depositions, beyond the issue of whether civil discovery is authorized in SVPA proceedings.
On July 13, 2000, the People filed a petition for recommitment of Grant as a sexually violent offender pursuant to Welfare and Institutions Code section 6600 et seq. The People allege that Grant has seven convictions for sexually violent offenses involving two or more victims, which qualify him for commitment under the SVPA. Further, the People assert that recommitment of Grant is justified because the DMH has determined that "this patient is a person who continues to meet all the legal and clinical criteria which led to the original civil commitment," as set forth in Dr. Knapp's letter of June 28, 2000.
The petition is further supported by the recommitment evaluations of two clinical psychologists, Diane Imrem, Psy.D. and William R. Knowlton, Ph.D. Both Dr. Imrem and Dr. Knowlton evaluated Grant at the conclusion of his initial two-year SVPA commitment. Dr. Imrem reported that Grant currently meets the statutory definition of an SVP because he is "likely to engage in sexually violent criminal behavior in the future." Similarly, Dr. Knowlton opined that Grant is likely "to engage in sexually violent, predatory, criminal behavior in the future" as a result of diagnosed mental disorders.
During the course of recommitment proceedings, Grant's attorney caused deposition subpoenas to issue which noticed the depositions of seven Atascadero State Hospital psychologists and physicians, identified in the subpoenas as Dr. Diane Imrem, Dr. Mary Flavin, Dr. Robert Knapp, Dr. William Knowlton, Dr. Gabrielle Palladino, Dr. Jay Seastrunck, and Dr. Edward Cavanaugh. As noted above, Dr. Imrem and Dr. Knowlton are both connected to Grant's case as the authors of the current recommitment evaluations. Dr. Palladino is identified in Dr. Imrem's evaluation as having prepared an "Annual Report to Court" dated February 8, 2000. Dr. Knapp is the Medical Director of Atascadero State Hospital. The record is unclear, however, as to the connection of the other deponents (Drs. Flavin, Seastrunck and Cavanaugh) to Grant's SVP recommitment proceedings.
After the deposition subpoenas were served, the People brought a motion for an order quashing notice of deposition. The People again argued that the depositions could not be taken because the Civil Discovery Act does not apply to SVPA proceedings. While the People acknowledged that the appellate court had ruled to the...
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