| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Motion To Compel Independent Mental Examination Of Plaintiff Alijah Dante Rabellde And Request For Monetary Sanctions, Or In The Alternative, Evidentiary Sanctions
Set for Law and Motion/Discovery on Thursday, June 26, 2025 Line 3, 2-DEFENDANT AMTRUST FINANCIAL SERVICES, INC., AMTRUST NORTH AMERICA, INC.'s Motion To Compel Independent Mental Examination Of Plaintiff Alijah Dante Rabellde And Request For Monetary Sanctions, Or In The Alternative, Evidentiary Sanctions.
Defendant's motion to compel independent medical examination ("IME") is granted. There is good cause to compel the IME because plaintiff placed his "severe mental and emotional distress" as an issue in this case. (Complaint, pars. 63, 82; see also Oxman Decl., par. 4, Ex. B at p. 25 (Response to Employment Form Interrogatory No. 212.2 [reference to "major depression"]; Vinson v. Superior Court (1987) 43 Cal.3d 833, 839.)
The court notes that plaintiff originally agreed to appear for an IME, but then refused to do so. The court orders plaintiff to appear for the IME before Dr. Greene, which may take place via Zoom, for up to 6 hours excluding breaks. The parties are to meet and confer on the time and date of the IME, but it shall occur by July 10, 2025.
The IME will consist of two parts: (1) an oral examination, and (2) the administration of three psychological tests which will be conducted by Kristin Moore, PsyD. The oral examination will include the following: taking a complete history involving family history, educational history, social history past medical history, past psychological/psychiatric history, employment history, legal history, history of the incident, subsequent clinical course and psychological/psychiatric treatment. The psychological test portion of the IME is to consist of the following: MMPI-3, MCMI-IV, and the Rotter Incomplete Sentence Blank.
Plaintiff to pay $2,000 as reasonable sanctions by July 10, 2025, since he acted without substantial justification.
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.
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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. =(301/JT) | |