Levy v. Hanjin Internat
Plaintiff and appellant Steven Levy appeals from a judgment dismissing his personal injury action against defendant and respondent Raymond Manuel Mata following an order granting a motion for a terminating sanction based on Levys failure to comply with a court-ordered psychiatric examination. Levy contends: 1) the trial court abused its discretion by awarding monetary sanctions and costs against an indigent party; 2) the trial court abused its discretion by awarding monetary sanctions against him in connection with the denial of his motion to compel further responses from Mata; 3) the psychiatric examination order was invalid under Code of Civil Procedure section 2032.320,[1]because it was not based on a showing of exceptional circumstances and Levy had stipulated to withdraw his emotional distress claims; 4) the psychiatric examination order violated section 2032.320, because it was unlimited; 5) the trial court abused its discretion by ordering a psychiatric examination based on documents obtained in violation of Levys right to privacy; 6) the trial court abused its discretion by ordering monetary sanctions for failing to appear for the psychiatric examination; 7) the trial court abused its discretion by imposing a terminating sanction for a second failure to appear for a psychiatric examination, because the examination order was invalid and the trial court could have imposed a lesser sanction; 8) monetary sanctions awarded in connection with the terminating sanction were excessive, because defense counsel had sufficient notice of nonappearance; and 9) the trial court abused its discretion by imposing sanctions for failing to attend physical examinations. Court conclude the psychiatric examination order met statutory requirements, and the trial court did not abuse its discretion as to any of the discovery and sanctions orders. Therefore, Court affirm.
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