Toyota Motor Sales, U.S.A., Inc. v. Superior Court

*1393 Opinion

Plaintiff Steven Braun (Braun) sued defendants Toyota Motor Sales, U.S.A., Inc. (Toyota), and Randall Bauer (Bauer) for, among other things, gender discrimination and sexual harassment under the California Fair Employment and Housing Act (Gov. Code, § 12940 et seq.), and for common law claims of defamation, constructive discharge, and intentional and negligent infliction of emotional distress. In support of the claims, Braun alleged that while working for Toyota as a manager in various departments, he was sexually harassed by Bauer, who was a corporate manager to whom Braun reported. After Braun spumed Bauer’s advances, according to Braun, Bauer and Toyota retaliated against him by issuing false reprimands and other adverse employment actions forcing him to leave the company.

In the trial court, Toyota and Bauer moved to compel Braun to submit to an independent psychiatric examination (Code Civ. Proc., § 2032.310). The trial court granted the motion, but permitted Braun’s attorney to be present in an adjoining room during the examination so as to monitor it. Toyota and Bauer filed a petition for writ of mandate in this court to compel the trial court to set aside…