Judge: Lee W. Tsao, Case: 21STCV16315, Date: 2023-09-13 Tentative Ruling

Case Number: 21STCV16315    Hearing Date: September 13, 2023    Dept: C

Winter, et al. v. zalaya

CASE NO.:  21STCV16315

HEARING:  9/13/23 @ 9:30 AM

#4

Plaintiff’s Motion to Appoint an Expert, Dr. Risa Grand, is GRANTED.

Moving Party to give NOTICE.

Plaintiffs move for an order appointing Dr. Risa Grand, a psychiatrist, pursuant to Evidence Code § 730.

This Motion is unopposed.

Background

Plaintiffs Jasime Winter and Jane Doe (Plaintiffs) filed a Complaint against Defendant Alfredo Zelaya alleging: (1) Assault; (2) Battery; (3) Sexual Battery; (4) Domestic Violence; (5) Corporal Injury to Spouse; (6) Gender Violence; (7) Ralphs Civil Rights Act; (8) Interference with Exercise of Civil Rights; (9) Intentional Infliction of Emotional Distress; and (10) Negligence stemming from alleged abuse against Plaintiff Winter beginning in 2017 and several instances of abuse against Plaintiff Doe.

Legal Standard

“When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to the action, the court on its own motion or on motion of any party may appoint one or more experts to investigate, to render a report as may be ordered by the court, and to testify as an expert at the trial of the action relative to the fact or matter as to which the expert evidence is or may be required. The court may fix the compensation for these services, if any, rendered by any person appointed under this section, in addition to any service as a witness, at the amount as seems reasonable to the court.” (Evidence Code § 730.)

Discussion

Here, Plaintiffs have requested appointment of Dr. Risa Grand, from the Los Angeles Superior Court’s Approved Panel of Psychiatrists and Psychologists based on Plaintiffs’ inability to pay for an expert (Winters Decl., ¶ 8 and Ex. 2) and Defendant’s representations that he will retain a psychiatrist (Winters Decl., ¶ 6). The Court finds that expert evidence and testimony by a psychiatrist regarding Plaintiffs is necessary to assist a jury in this matter to determine the validity and effects of Plaintiffs’ allegations. Plaintiffs allege that Defendant began abusing Plaintiff Winter in June 2017 on numerous occasions (Compl. ¶¶ 16-28) and abused Defendant Doe on March 8, 2019, and several other unspecified dates (Compl. ¶¶ 29-32.) Further, Defendant Doe was underage at the time of the alleged abuse. Thus, the Court appoints Dr. Risa Grand as an expert to evaluate, render a report, and testify as an expert at trial regarding the validity of the alleged abuse and its effects on Plaintiffs.

Accordingly, Plaintiff’s Motion to Appoint Dr. Risa Grand, a Psychiatrist, is GRANTED.  Dr. Grand shall be compensated at the rate of $150 per hour not to exceed 10 hours, or $1500.00, absent further order of the court.