California Court of Appeal

In plaintiff's suit against Toyota Motor Sales, U.S.A. and another employee for gender discrimination and sexual harassment under the Fair Employment and Housing Act, and for common law claims of defamation, constructive discharge, and intentional and negligent infliction of emotional distress, defendants' petition for a writ of mandate seeking to compel the trial court to set aside portion of its order permitting plaintiff's counsel's presence in an adjoining room and his contemporaneous monitoring of plaintiff's psychiatric examination is granted as, the trial court abused its discretion in permitting the counsel to contemporaneously monitor the examination because plaintiff demonstrated no legitimate need for his counsel to attend the examination so as to monitor it from a separate room and defendant produced evidence that such monitoring might compromise the integrity of the examination.

Appellate Information

• Decided 11/09/2010
• Published 11/09/2010

Judges

• WILLHITE

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Thomas M. Peterson