CHRISTOPHER GUEST VS. YERBA BUENA CENTER FOR ARTS ET AL

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24612668 - August 8, 2025 Hearing date: August 8, 2025 Case number: CGC24612668 Case title: CHRISTOPHER GUEST VS. YERBA BUENA CENTER FOR ARTS ET AL Case Number: | | CGC24612668 | Case Title: | | CHRISTOPHER GUEST VS. YERBA BUENA CENTER FOR ARTS ET AL | Court Date: | | 2025-08-08 09:00 AM | Calendar Matter: | | YERBA BUEANA CENTER FOR THE ARTS MOTION TO COMPEL A FURTHER INDEPENDENT MEDICAL EXAMINATION OF PLAINTIFF CHRISTOPHER GUEST | Rulings: | | Set for Law and Motion/Discovery Calendar on Friday, August 8, 2025, Line 11. 1 - YERBA BUEANA CENTER FOR THE ARTS' MOTION TO COMPEL A FURTHER INDEPENDENT MEDICAL EXAMINATION OF PLAINTIFF CHRISTOPHER GUEST.

Defendant Yerba Buena Center for the Arts' Motion to Compel a Further Independent Medical Examination is GRANTED. The requests at issue appear reasonably calculated to lead to the discovery of admissible evidence. (See CCP Section 2017.010.) Plaintiff has put his vision damage/injuries at issue, the exam is to be conducted by a licensed ophthalmologist; the exam will not be painful, the proposed exam, which will not be protracted or intrusive, is reasonable; sufficient notice has been given; and, this exam is not cumulative. (See Code of Civil Procedure section 2032.020; see Shapira v. Superior Court (1990) 224 Cal.App.3d 1249, 1254-1256.) Plaintiff has failed to establish the merits of any objections.

Good cause appearing and pursuant to the California Discovery Act, Plaintiff is ordered to submit to an independent medical examination consistent with the specifics set out in Defendant Yerba Buena Center for the Arts' July 15, 2025. Plaintiff shall submit to the IME forthwith but no later than August 20, 2025. Parties must meet and confer regarding the specific date of the IME; in the event of a lack of agreement the IME shall be on August 18, 2025, or the next date the physician is available as determined by the physician.

As was true in connection with the May 30, 20205, motion, the court does not find that Plaintiff's actions in connection with this discovery were substantially justified. Plaintiff shall pay $500 as sanctions, payable to the Clerk of the Court, payment no later than by August 19, 2025, receipt filed in the docket for this action no later than August 26, 2025. (See Code of Civil Procedure sections 2023.010(a)&(b) & 2023.030.)

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Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

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