Judge: Eddie C. Sturgeon, Case: 37-2021-00006005-CU-PO-CTL, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 14, 2023

12/15/2023  01:30:00 PM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2021-00006005-CU-PO-CTL BERNSTEIN VS PAQUIN BENNETT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 11/21/2023

Defendant San Diego Unified School District unopposed Motions to Compel the IMEs of Clark Bernstein and Elle Fisher are GRANTED with the modification that Plaintiffs are entitled to record the entirety of the examination-not only the portion in which a guardian/caregiver is present. (See (Golfland Entertainment Centers, Inc. v. Superior Court (2003) 108 Cal.App.4th 739, 750 [explaining that the purpose of allowing the exam to be audio recorded is 'to ensure that the examiner does not overstep the bounds set by the court for the mental examination, that the context of the responses can be judged for purposes of trial, that the examinee's interests are protected (especially since the examinee's counsel ordinarily will not be present), and that any evidence of abuse can be presented to the court.'].) To the degree it is difficult for the minor Plaintiffs to record the IMEs, Defendant is ordered to share their recordings of the respective IMEs with the respective Plaintiffs.

Because the motions are unopposed, they are granted in all other respects. The IMEs shall be conducted by Dr. Richard Shaw, last no more than four hours, include an interview and self-assessments as described in Defendant's papers, and be attended by Plaintiffs' respective guardians/caregivers for the first 30 to 45 minutes. The guardians/caregivers are not to participate or interfere with the IME even for the portion they are present.

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