Carpenter

Carpenter v. Superior Court

Good Law

141 Cal. App. 4th 249·2006 Cal. App. LEXIS 1066·2006 Daily Journal DAR 9083·45 Cal. Rptr. 3d 821·2006 Cal. Daily Op. Serv. 6272

Court of Appeal of CaliforniaJuly 11, 2006A112761California10,304 words

Opinion

Reardon, J.

By petition for extraordinary writ, Robert Carpenter asks us to vacate an order that he submit to a mental examination pursuant to Code of Civil Procedure section 2032.320.* He contends the court did not “specify the . . . diagnostic tests and procedures ... of the examination,” as required by section 2032.320, in merely ordering that the tests would be limited to “standardized written psychological tests” that evaluated “emotional and cognitive functioning.” In addition, Carpenter complains, the court erred in not ordering that he could obtain a copy of the written testing materials and his written answers after the mental examination.

We conclude that the court’s order does not comply with section 2032.320. We also conclude that the court was incorrect in ruling that copyright law precluded Carpenter from obtaining a copy of the written test materials. A peremptory writ of mandate shall issue.

I. FACTS AND PROCEDURAL HISTORY

A. Carpenter’s Alleged Mental Impairments

Carpenter filed a lawsuit against real party in interest Yamaha Motor Corporation, USA (Yamaha), seeking damages for personal injuries he sustained while riding his Yamaha motorcycle at a motocross…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.