Judge: Eddie C. Sturgeon, Case: 37-2019-00045907-CU-PO-CTL, Date: 2024-01-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 03, 2024

01/04/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2019-00045907-CU-PO-CTL DOE VS SAN DIEGO UNIFIED SCHOOL DISTRICT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 12/04/2023

Defendant San Diego Unified School District's Motion to Compel IMEs is GRANTED. The court finds that Plaintiff has placed her mental condition in controversy, that the discovery is not unnecessarily cumulative, and there is sufficient good cause to order IMEs performed by Dr. Camille Morgan, lasting no more than four hours, and by Dr. Anne McBride, lasting no more than eight hours.

Plaintiff is entitled to have a third-party record either or both IMEs but such recording shall not be monitored in real-time. To the degree Plaintiff insists upon a third-party recording of Dr. Morgan's IME, and such a third-party recording is not possible remotely, the IME shall take place in-person. Defendant shall provide the raw data to Plaintiff's experts within five days of the respective IME.

The parties are ordered to agree to any other details as needed. If a further motion to compel is necessary, the court invites the parties to seek sanctions.

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