2012-00128000-CU-WT

Joel Venegas Macias vs. Marquez Brothers Foods Inc

Nature of Proceeding:   Motion to Compel Independent Medical Examination

Filed By:  Fossati, Yvonne Arvanitis

Defendant’s motion to compel plaintiff to submit to a defense mental examination is
GRANTED unless plaintiff’s counsel signs and returns to defendant’s counsel no later
than 7/3/2014 the Code of Civil Procedure §2032.320 stipulation which was attached
to the latter’s 6/23/2014 correspondence.

Provided that the stipulation (or another which is mutually agreed upon) is executed
and timely returned to defendant’s counsel, the Court can find no “good cause” to
compel the mental examination.  Although defendant also insists the proposed
examination is independently justified by defendant’s ‘need to examine plaintiff
regarding his psychological motivation for repeatedly engaging in the sexually
offensive behavior which led to the termination of his employment’ (Not. of Motion,
p.4:1-3), the Court finds that this alone is an insufficient ground for compelling the
otherwise lengthy, broad and invasive mental examination sought by defendant.
Among other things, the Court concludes that defendant can adequately address this
issue with appropriate experts even without personally examining plaintiff.

Should plaintiff fail to timely sign and return the stipulation, he shall appear for the
examination demanded by defendant at the stated time and place.

In light of plaintiff’s unreasonable delay in agreeing to a stipulation under Code of Civil
Procedure §2032.320 prior to filing his opposition to the present motion and the
Court’s inclination to grant the present motion in the absence of such a stipulation,
defendant is awarded monetary sanctions against plaintiff and his counsel, jointly and
severally, in the amount of $2,000, representing ten (10) hours of attorney time at a
reasonable $200 hourly rate.  Sanctions to be paid no later than 8/1/2014 and if not
paid by that date, defendant may prepare for the Court’s signature a formal order
granting the sanctions, which may then be enforced as a separate judgment. (Newland
v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

This minute order is effective immediately.  No formal order or other notice is required.
(Code Civ. Proc. §1019.5; CRC Rule 3.1312.)