Roe v. Superior Court of San Benito Cnty.

243 Cal.App.4th 138

196 Cal.Rptr.3d 317

Jonnie ROE, a Minor, etc., et al., Petitioners,

v.SUPERIOR COURT of San Benito County, Respondent;

Hollister School District et al., Real Parties in Interest.

H042060

Court of Appeal, Sixth District, California.

Filed November 19, 2015

Counsel for Petitioners: Alan Charles Dell'Ario, Oakland, Alexis Susann McKenna, Winer, McKenna & Burritt.

Counsel for Real Parties in Interest: Eric Shiu, Lynch and Shupe.

ELIA, J.

Petitioners Jonnie Roe, a minor, (Jonnie), Jane Roe (Jane), and John Roe (John) assert, among other claims, that the superior court had no authority to order interviews of Jane and John, Jonnie's parents, collateral to the mental examination of Jonnie and, in issuing such an order, the court exceeded its authority under Code of Civil Procedure section 2032.020.¹ As explained below, we agree.

IBackground

Real parties in interest (defendants) are the named defendants in the underlying civil action for damages (CU–14–00017) brought by Jonnie (by and through his guardian ad litem, John) and Jane. The complaint alleges that Jonnie, while a kindergartner at an elementary school in the Hollister School District, was sexually molested at school by another male kindergartener on two occasions.² The named defendants are Hollister School District (School District) and Bill Sauchau, who is alleged to be the elementary school's principal; Kathy Hudson, who is alleged to be a teacher at the school; and a person with the surname of Zamora (first name unknown), who is alleged to be, "a playground monitor and/or yard supervisor" at the school.

School District brought a motion in respondent San Benito County Superior Court (superior court) for an order compelling Jonnie to submit to an independent mental examination, which would include personal interviews of Jonnie and his parents by Dr. Anlee Kuo, a psychiatrist, and psychological testing of Jonnie by Dr. Sarah Hall, a psychologist. The superior court granted the motion on March 2, 2015.

Petitioners sought a writ of mandate "compelling the respondent court to vacate its order of March 2, 2015 insofar as it compels John and Jane Roe to submit to interviews by the defense forensic psychiatrist, refuses to permit John, as guardian, to attend Jonnie's interview, and refuses to order defendants to deliver the written tests administered to Jonnie and their results and to enter a new order without requiring such interviews and requiring defendants to deliver the tests and the results...."

On March 12, 2015, we issued a limited order staying the superior court's March 2, 2015 order only insofar as it compels the interview of Jonnie's parents, until further order of this court. We subsequently ordered the respondent superior court "to show cause ... why a peremptory writ should not issue as requested in the petition for writ of mandate."

IIDiscussion

A. Parental Interviews Collateral to Mental Examination of Minor

1. Facts

The superior court's March 2, 2015 order sets forth the scope and length of the mental examination of Jonnie by Drs. Kuo and Hall. The order authorizes Dr. Hall to administer four specific psychological tests to Jonnie. It prohibits third-party observers during those examinations but requires the examinations to be audiotaped.

The March 2, 2015 order further compels Jonnie's parents to submit to "collateral interviews" as part of the mental examination of their son. The order limits the scope of those interviews to parental "observations about the mental physical symptoms that Jonnie Roe has expressly put into controversy...." It also places the following limitations on those interviews: "Any questioning must be directly relevant, and a nexus must exist to the information sought and the claimed symptoms so as to protect Jonnie Roe's, Jane Roe's, and John Roe's privacy. Dr. Kuo may not inquire about Jane Roe's or John Roe's mental state. [¶] Dr. Kuo's interview shall not be unnecessarily repetitive of questions asked in deposition proceedings and other written discovery to date."

2. Section 2032.020

Section 2032.020, subdivision (a), sets forth the three categories of persons subject to mental examinations: "Any party may obtain discovery, subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by means of a physical or mental examination of (1) a party to the action, (2) an agent of any party, or (3) a natural person in the custody or under the legal control of a party, in any action in which the mental or physical condition (including the blood group) of that party or other person is in controversy in the action." There is no dispute that Jonnie's mental state is in controversy. (See Vinson v. Superior Court (1987) 43 Cal.3d 833, 839, 239 Cal.Rptr. 292, 740 P.2d 404 ["a party who chooses to allege that he has mental and emotional difficulties can hardly deny his mental state is in controversy"].) The mental examination must be "performed only by a licensed physician, or by a licensed clinical psychologist who holds a doctoral degree in psychology and has had at least five years of postgraduate experience in the diagnosis of emotional and mental disorders." (§ 2032.020, subd. (c).)

Defendants argue that a collateral interview of a minor's parents is permissible as part of an independent mental examination of the minor and is required by the professional standard of care in psychiatry. They suggest that, since the examiner must be a licensed physician or psychologist, the California Legislature "must expect a minimum level of competence from the physician or psychologist and similarly must require the physician or psychologist to practice within the standard of care applicable to their [sic ] licensure or specialty." They assert that "[a] collateral interview is therefore at least implicitly authorized by the Code of Civil Procedure."

This case presents a straightforward question of statutory interpretation. " ‘As in any case involving statutory interpretation, our fundamental task here is to determine the Legislature's intent so as to effectuate the law's purpose.’ [Citation.] ‘We begin with the plain language of the statute, affording the words of the provision their ordinary and usual meaning and viewing them in their statutory context, because the language employed in the Legislature's enactment generally is the most reliable indicator of legislative intent.’ [Citations.] The plain meaning controls if there is no ambiguity in the statutory language. [Citation.]" (People v. Cornett (2012) 53 Cal.4th 1261, 1265, 139 Cal.Rptr.3d 837, 274 P.3d 456.)

"A statutory provision is ambiguous if it is susceptible of two reasonable interpretations. (Hoechst Celanese Corp. v. Franchise Tax Bd. (2001) 25 Cal.4th 508, 519, 106 Cal.Rptr.2d 548, 22 P.3d 324.)" (People v. Dieck (2009) 46 Cal.4th 934, 940, 95 Cal.Rptr.3d 408, 209 P.3d 623.) "[I]f the language allows more than one reasonable construction, we may look to such aids as the legislative history of the measure and maxims of statutory construction. In cases of uncertain meaning, we may also consider the consequences of a particular interpretation, including its impact on public policy. [Citations.]" (Wells v. One2One Learning Foundation (2006) 39 Cal.4th 1164, 1190, 48 Cal.Rptr.3d 108, 141 P.3d 225.) "Only when the language of a statute is susceptible [of] more than one reasonable construction is it appropriate to turn to extrinsic aids, including the legislative history of the measure, to ascertain its meaning. [Citation.]" (Diamond Multimedia Systems, Inc. v. Superior Court (1999) 19 Cal.4th 1036, 1055, 80 Cal.Rptr.2d 828, 968 P.2d 539.) "When statutory language is clear and unambiguous, there is no need for construction and courts should not indulge in it. [Citations.]" (People v. Overstreet (1986) 42 Cal.3d 891, 895, 231 Cal.Rptr. 213, 726 P.2d 1288.)

" ‘[A]n intention to legislate by implication is not to be presumed.’ [Citations.]" (In re Christian S. (1994) 7 Cal.4th 768, 776, 30 Cal.Rptr.2d 33, 872 P.2d 574.) "A court may not, ‘under the guise of construction, rewrite the law or give the words an effect different from the plain and direct import of the terms used.’ (California Fed. Savings & Loan Assn. v. City of Los Angeles (1995) 11 Cal.4th 342, 349, 45 Cal.Rptr.2d 279, 902 P.2d 297.)" (DiCampli–Mintz v. County of Santa Clara (2012) 55 Cal.4th 983, 992, 150 Cal.Rptr.3d 111, 289 P.3d 884.) " ‘Where the words of the statute are clear, we may not add to or alter them to accomplish a purpose that does not appear on the face of the statute or from its legislative history.’ [Citation.]" (In re Jennings (2004) 34 Cal.4th 254, 265, 17 Cal.Rptr.3d 645, 95 P.3d 906.)

"[W]e are mindful of this court's limited role in the process of interpreting enactments from the political branches of our state government. In interpreting statutes, we follow the Legislature's intent, as exhibited by the plain meaning of the actual words of the law, ‘ " ‘whatever may be thought of the wisdom, expediency, or policy of the act.’ " ' [Citation.] ‘[A]s [the Supreme Court] has often recognized, the judicial role in a democratic society is fundamentally to interpret laws, not to write them. The latter power belongs primarily to the people and the political branches of government....’ (Kopp v. Fair Pol. Practices Com. (1995) 11 Cal.4th 607, 675, 47 Cal.Rptr.2d 108, 905 P.2d 1248 (conc. opn. by Werdegar, J.).) It cannot be too often repeated that due respect for the political branches of our government requires us to interpret the laws in accordance with the expressed intention of the Legislature. ‘This court has no power to rewrite the statute so as to make it conform to a presumed intention which is not expressed.’ [Citations.]" (California Teachers Assn. v. Governing Bd. of Rialto Unified School Dist. (1997) 14 Cal.4th 627, 632–633, 59 Cal.Rptr.2d 671, 927 P.2d 1175.)

Section 2032.020 establishes only three categories of persons subject to mental examination. "The three statutory...