Doyle

This petition seeks to overturn an order compelling petitioner Cindy Doyle to undergo a mental examination and to pay monetary sanctions to real party Daniel Caldwell for opposing his motion to compel this mental examination. Doyle claims that this mental examination was not justified under Code of Civil Procedure section 2032 because her allegation that she had suffered emotional distress arising from Caldwell’s alleged sexual harassment of her which was not ongoing and had ended in October 1994 did not place her “mental condition” in controversy in her sexual harassment action against Caldwell. We agree with Doyle that her allegation did not place her mental condition in controversy, and we issue a peremptory writ of mandate.

Background

From December 1992 through March 1994, Caldwell and Doyle were both employed by the same company, and Caldwell was Doyle’s immediate supervisor. Doyle complained to Caldwell and to the company about Caldwell’s alleged sexual harassment of her. In March 1994, the company terminated Caldwell’s employment. In May 1994, Caldwell filed an action against the company for wrongful termination and against Doyle for defamation and interference…