KELLY DALE ET AL VS. SEGWAY, INC. ET AL

Matter on the Law & Motion/Discovery Calendar for Thursday July 3, 2025, line 9, 2 - DEFENDANT SAN FRANCISCO ELECTRIC TOUR COMPANY INC.'S Motion To Compel The Independent Medical Examinations Of Plaintiff Kelly Dale

The motion to compel IMEs of plaintiff Kelly Dale is granted. In meet and confer efforts, Plaintiff has agreed to the scope of testing and dates of examinations by Robert Perez, Ph.D., a neuropsychologist, and Cherisse Mwero, M.D., a neurologist. The parties' dispute concerns whether both experts may be permitted to interview Plaintiff before conducting testing.

A review of the notices of each IME (Exs. L and M to Brenner Dec.) demonstrates that the scope of each expert's examination and testing, and their background and experience, are sufficiently different that a separate interview by each expert is warranted. While there may be some overlap in topics, the focus of each expert is different.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. = (302/CVA) | |