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FROM :SIAM LAW GROUP FAX NO. ' 4883799148 Aug. 16 2864 1:11am Pe
FILED BY FAX
Hab Siam, State Bar No. 214787 ALAMEDA COUNTY
SIAM LAW GROUP August 10, 2004
2921 §. Winchester Blvd.
Campbell, CA 95008 CLERK OF
THE SUPERIOR COURT
Telephone: (408) 379-2201 By Rosanne Case, Deputy
Fax Number: (408) 379-9140
CASE NUMBER:
RGO03106646
Attorneys for Plaintiff Gwen R. Sykes
a
“i
SUPERTOR COURT OF THE STATE OF CALIFORNIA
oo
COUNTY OF ALAMEDA
So
GWEN R. SYKES, Case No. RGO03106646
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Plaintiff, PLAINTIFF’S NOTICE OF MOTION
AND MOTION FOR ORDER
v.
COMPELLING DEFENDANT TO
DOUGLAS SYKES, an individual, and SUBMIT TO PHYSICAL MEDICAL
DOES 1-20, inclusive EXAMINATION
Defendants. MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT
SEPARATE STATEMENT IN SUPPORT
DECLARATION OF HAB SIAM IN
SUPPORT
DECLARATION OF GARY A,
RICHWALD, MD, MPH IN SUPPORT
PROPOSED ORDER
PROOF OF SERVICE BY HAND
DELIVERY
Cal. Code Civ. Proc. §2032(d)
BY FAX
JUDGE: Hon. Steven Brick
DEPT: 31
27 DATE: August 31, 2004
TIME: 2:00 p.m.
28
1
PLAINTIFF'S NOTICEOF MOTION AND MOTION OR ORDER
COMPELLING DEFENDANT TO SUBMIT TO PHYSICAL MEDICAL EXAMINATION
Casc No, RG03 106646
FROM >SIAM LAL GROUP FAS NO. > 4863799146 Aug. 16 2864 18:11AM PS
TO THE DEFENDANT AND HIS ATTORNEY OF RECORD:
PLEASE TAKE NOTICE THAT, on August 31, 2004, at 2:00 p.m., or as soon thereafter
as the matter may be heard in Department 31 of Alameda County Superior Court, located at201
13" Street, Oakland, California, Gwen R. Sykes (the “Plaintiff’’) will move this court for an
order compelling Douglas Sykes (the “Defendant’) to submit to a full physical medical
examination, including taking a fullphysical medical examination, including taking a full
a
medical history report from the Defendant relating to the presence, effects, transmission,
~~
symptoms and signs, conditions, and/or treatments of scxually-transmitted diseases, including
oa
collection of blood, urine, and other body fluids to determine the presence of past or present
1G herpes infection and other sexually transmitted diseases, and including a full body inspection
(including body cavity inspection and full inspection of penis, testicles, and surrounding areas),
12 in each case for all herpes virus types and other sexually transmitted diseases.
13 Dr. Elizabeth Lowe and/or her two staff physicians and assistants will conduct the
14 physical medical examination at4:45 p.m. on August 31, 2004 at Notth Bay Medical Group, 770
15 Tamalpais Drive, Suite 203, Corte Madera 94925, Dr. Elizabcth Lowe and het two staff
16 physicians, Dr. Basul and Dr. Oppenheim, each specialize in family practice, internal medicine,
17 and obstetrics and gynecology.
18 As more fully set forth in the attached memorandum of points and authorities, thc motion
19 will be based on the ground that good cause exists for requiring the Defendant to submit to a
physical medical examination because the Defendant denics that he is infected with genital
21 herpes and certain other sexually-transmitted diseases and the Plaintiff alleges that the Defendant
22 infected the Plaintiff with genital herpes and other sexually-transmitted diseases,
23 The Plaintiff’s motion will be based on thisNotice, the attached Memorandum of Points
24 and Authorities, the attached Separate Statement, the attached Declaration of Hab Siam, the
attached Declaration of Gary A. Richwald, MD, MPH, on the papers and records on [ilein this
26 case, and on such oral argument and documentary evidence as may be presented at the hearing.
27 ER
28
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PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR GRNER
COMPILLING DEFENDANT TO SUBMIT TO PHYSICAL MEDICAT. EXAMINATION
Case No. RG03 106646
FROM : STAM LAW GROUP FAS NO. :4663799148 Aug, 18 2864 16:11AM P44
41} DATED: August 10, 2004 STAM LAW GROUP
6 By. Ra
Hab Siam
7 Attorney for Plaintiff Gwen R. Sykes
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PLAINTIFF'S NOTICE OF MOTION AND MOTION KOR ORDER |
COMPRLLING DEFENDANT TO SURMIT TO PHYSICAL MEDICAL EXAMINATION
Case No, RG03 106646
Preview
FROM :SIAM LAW GROUP FAX NO. ' 4883799148 Aug. 16 2864 1:11am Pe FILED BY FAX Hab Siam, State Bar No. 214787 ALAMEDA COUNTY SIAM LAW GROUP August 10, 2004 2921 §. Winchester Blvd. Campbell, CA 95008 CLERK OF THE SUPERIOR COURT Telephone: (408) 379-2201 By Rosanne Case, Deputy Fax Number: (408) 379-9140 CASE NUMBER: RGO03106646 Attorneys for Plaintiff Gwen R. Sykes a “i SUPERTOR COURT OF THE STATE OF CALIFORNIA oo COUNTY OF ALAMEDA So GWEN R. SYKES, Case No. RGO03106646 = Plaintiff, PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR ORDER v. COMPELLING DEFENDANT TO DOUGLAS SYKES, an individual, and SUBMIT TO PHYSICAL MEDICAL DOES 1-20, inclusive EXAMINATION Defendants. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT SEPARATE STATEMENT IN SUPPORT DECLARATION OF HAB SIAM IN SUPPORT DECLARATION OF GARY A, RICHWALD, MD, MPH IN SUPPORT PROPOSED ORDER PROOF OF SERVICE BY HAND DELIVERY Cal. Code Civ. Proc. §2032(d) BY FAX JUDGE: Hon. Steven Brick DEPT: 31 27 DATE: August 31, 2004 TIME: 2:00 p.m. 28 1 PLAINTIFF'S NOTICEOF MOTION AND MOTION OR ORDER COMPELLING DEFENDANT TO SUBMIT TO PHYSICAL MEDICAL EXAMINATION Casc No, RG03 106646 FROM >SIAM LAL GROUP FAS NO. > 4863799146 Aug. 16 2864 18:11AM PS TO THE DEFENDANT AND HIS ATTORNEY OF RECORD: PLEASE TAKE NOTICE THAT, on August 31, 2004, at 2:00 p.m., or as soon thereafter as the matter may be heard in Department 31 of Alameda County Superior Court, located at201 13" Street, Oakland, California, Gwen R. Sykes (the “Plaintiff’’) will move this court for an order compelling Douglas Sykes (the “Defendant’) to submit to a full physical medical examination, including taking a fullphysical medical examination, including taking a full a medical history report from the Defendant relating to the presence, effects, transmission, ~~ symptoms and signs, conditions, and/or treatments of scxually-transmitted diseases, including oa collection of blood, urine, and other body fluids to determine the presence of past or present 1G herpes infection and other sexually transmitted diseases, and including a full body inspection (including body cavity inspection and full inspection of penis, testicles, and surrounding areas), 12 in each case for all herpes virus types and other sexually transmitted diseases. 13 Dr. Elizabeth Lowe and/or her two staff physicians and assistants will conduct the 14 physical medical examination at4:45 p.m. on August 31, 2004 at Notth Bay Medical Group, 770 15 Tamalpais Drive, Suite 203, Corte Madera 94925, Dr. Elizabcth Lowe and het two staff 16 physicians, Dr. Basul and Dr. Oppenheim, each specialize in family practice, internal medicine, 17 and obstetrics and gynecology. 18 As more fully set forth in the attached memorandum of points and authorities, thc motion 19 will be based on the ground that good cause exists for requiring the Defendant to submit to a physical medical examination because the Defendant denics that he is infected with genital 21 herpes and certain other sexually-transmitted diseases and the Plaintiff alleges that the Defendant 22 infected the Plaintiff with genital herpes and other sexually-transmitted diseases, 23 The Plaintiff’s motion will be based on thisNotice, the attached Memorandum of Points 24 and Authorities, the attached Separate Statement, the attached Declaration of Hab Siam, the attached Declaration of Gary A. Richwald, MD, MPH, on the papers and records on [ilein this 26 case, and on such oral argument and documentary evidence as may be presented at the hearing. 27 ER 28 -. 2 PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR GRNER COMPILLING DEFENDANT TO SUBMIT TO PHYSICAL MEDICAT. EXAMINATION Case No. RG03 106646 FROM : STAM LAW GROUP FAS NO. :4663799148 Aug, 18 2864 16:11AM P44 41} DATED: August 10, 2004 STAM LAW GROUP 6 By. Ra Hab Siam 7 Attorney for Plaintiff Gwen R. Sykes 10 11 12 13 14 15 16 17 18 19 20 al 22 23 24 25 26 27 28 3 PLAINTIFF'S NOTICE OF MOTION AND MOTION KOR ORDER | COMPRLLING DEFENDANT TO SURMIT TO PHYSICAL MEDICAL EXAMINATION Case No, RG03 106646