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FROM :SIAM LAL! GROUP FAX NO. ?4883799148 Aug. 16 2684 1e:11AM PS
1 ||Hab Siam, State Bar No. 214787 ALAMEDA GOUNTY
SIAM LAW GROUP August 10, 2004
2 || 2921 S. Winchester Blvd.
Campbell, CA 95008 THE SUPERIOR COURT
3 | Telephone: (408) 379-2201 By Rosanne Case, Deputy
Fax Number: (408) 379-9140
4 CASE NUMBER:
RGO03106646
5 || Attorneys for Plaintiff Gwen R. Sykes
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF ALAMEDA
10 || GWEN RB. SYKES, Case No, RGO3106646
1 Plaintiff, PLAINTIFF’S MEMORANDUM OF
2 y POINTS AND AUTHORITIES IN
, SUPPORT OF MOTION FOR ORDER
13 || DOUGLAS SYKES, an individual, and COMPELLING DEFENDANT TO
DOES 1-20, inclusive SUBMIT TO PHYSICAL MEDICAL
14 EXAMINATION
Defendants.
15 Cal. Code Civ. Proc. §2032(d)
16 BY FAX
17
JUDGE: Hon, Steven Brick
18 DEPT: 31
DATE: August 31, 2004
19 TIME: 2:00 p.m.
20
21 || INTRODUCTION
22 The Plaintiff alleges that the Defendant infected the Plaintiff with herpes, including genital
23 || herpes, and certain other sexually-transmitted diseases, but the Defendant denies that he is even
24 |! infected with genital herpes, denies that he infected the Plaintiff with genital herpes or any other
25 || sexually-transmitted diseases, and denies knowledge of how the Plaintiff became infected with
26 ||genital herpes and other sexually-transmitted diseases. A physical medical examination will
27
28
mo i —
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR
ORDER COMPELLING DEFENDANT TO SUBMIT TO PHYSICAL MEDICAL EXAMINATION
Case No. RG03106646
FROM :SIAM LAL GROUP FAX NO. ? 4883799148 Aug. 16 2664 1e@:12AM Pe
establish whether the Defendant is and/or has bcen, in fact,infected with genital herpes and/or
other sexually-transmitted diseases that were transmitted to the Plaintiff.
Consequently, pursuant to Code of Civil Procedure Section 2032(d), good cause exists to
order the Defendant to submit to a full physical medical examinalion to establish whether the
Defendant is infected with genital herpes and other sexually-transmitted diseases with which the
Plaintiff became infected while having exclusive sexual relations with the Defendant.
“IOh
IL. PROCEDURAL HISTORY
On July 15, 2003, the Plaintiff filed her complaint alleging that the Defendant infected
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the Plaintiff with genital herpes and other sexually-transmitted diseases, made and reaffirmed
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10 certain contractual agreements based on the fact that the Defendant had infected the Plaintiff
1 with genital herpes and other sexually-transmitted discases, and then repudiated his contractual
12 agreements with the Plaintiff.
13 The Defendant’s motion for summary judgment isset forhearing on August 31, 2004 and
14 trialis set for October 1,2004,
15 I. LEGAL ARGUMENT
16 Pursuant to Code of Civil Procedure Section 2032(d), good cause exists to order the
17 Defendant to submit to a fullphysical medical cxamination, including taking a fullmedical history
18 report from the Defendant relating to the presence, effects, transmission, symptoms and signs,
19 conditions, and/or treatments of sexually-transmitled diseases, including collection of blood, urine,
20 and other body fluids to determine the presence of past or present herpes infection and other
21 sexually transmitted diseases, and including a full body inspection (including body cavity
22 inspection and fullinspection of penis, testicles, and surrounding areas), in each case for allherpes
23 virus types and other sexually transmitted diseases.
24 The Plaintiff’s case islargely based on the fact that the Defendant infected the Plaintiff
25 with genital herpes and other sexually-transmitted diseases. In her contract-related causes of
26 action, the Plaintiff alleges that the Defendant infected the Plaintiff with herpes, including genital
27 herpes, and. other sexually-transmitted diseases, and, as a result of so infecting (he Plaintiff, the
28
2
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR
ORDER COMPELLING DEFENDANT TO SUBMIT TO PHYSICAL MEDICAL EXAMINATION
Case No. RGO03 106646
FROM PSIAM LAW GROUP FAS NG. :4a837o914e Aug. 16 26a4 ia@:12AmM P7
Defendant made and reaffirmed certain contractual agreements with the Plaintiff, allof which
have now been repudiated and breached by the Defendant. The Plaintiff's other causes of action
also arise primarily out of allegations that the Defendant infected the Plaintiff with herpes,
including genital herpes, and other scxually-transmitted diseases. See Declaration of Hab Siam.
Turing his depositions, the Defendant has denied that he has genital herpes, denicd that he
has infected the Plaintiff with genital herpes or any other scxually-transmitted diseases, and denied
knowledge as to how the Plaintiff could have become infected with genital herpes or any other
sexually-transmitted diseases. See Declaration of Hab Siam and Separate Statcment in Support.
With a reasonable degree of medical certainty, a physical medical cxamination will
10 establish whether the Defendant is and/or has becn, in fact,infected with genital herpes and/or
ti other sexually-transmitted diseascs and thiscentral issue in the litigation will be substantially or
12 conclusively resolved. Sce Declaration of Gary A. Richwald, MD, MPH.
13 IV, CONCLUSION
14 Consequently, the Plaintiff respectfully requests that the court make the following orders:
15 (1) that good cause cxists to order the Plaintiff to submit to a fullphysical medical
examination under Code of Civil Procedure Section 2032(d);
17 (2) that the Defendant submit to a ful] physical medical examination, including taking
18 a full physical medical examination, including taking a full medical history report
19 from the Defendant relating to the presence, effects, transmission, symptoms and
20 signs, conditions, and/or treatments of sexually-transmitted diseases, including
21 collection of blood, urine, and other body fluids to determine the presence of past
22 or present herpes infection and other sexually transmitted diseases, and including
23 a full body inspection (including body cavity inspection and fullinspection of
24 pertis, testicles, and surrounding areas), in each case for allherpes virus types and
25 other sexually transmitted diseases;
26
27
28
— 3 _—
MEMORANDUM OF POINTS AND AU'SHORITTES IN SUPPOR' OF PLAINTIFI’S MOTION FOR
ORDER COMPELLING DEFENDANT TO SUBMIT TO PILYSICAL MEDICAL KXAMINATION
Case No, ROO3 106646
FROM :SIAM LAL GROUP FAX NO. ? 4883799148 Aug. 16 2664 le@:12AM Pe
1 (3) that the Defendant submit to such physical medical cxamination at4:45 p.m. on
2 August 31, 2004 at North Bay Medical Group, 770 Tamalpais Dtive, Suite 203,
3 Corte Madera 94925; and
4 (4) that Dr. Elizabeth Lowe, specializing in family practice, internal medicine,
5 obstetrics, and gynecology, and/or her two staff physicians, Dr. Basul and/or Dr.
6 Oppenheim (each with substantially the same specialties), and assistants conduct
7 such physical medical cxamination in accordance with Code of Civil Procedure
8 §2032.
9 Heo ako
10 | DATED: August 10, 2004 SIAM LAW GROUP
12 By:
Hab Siam
13 Attorney for Plaintiff Gwen R. Sykes
27
28
A
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORTOF PLAINTIFF'S MOTION FOR
ORDER COMPELLING DEFENDANT TO SUBMIT TO PHYSICAL MEDICAL EXAMINATION
Case No, RG03 106646
Preview
FROM :SIAM LAL! GROUP FAX NO. ?4883799148 Aug. 16 2684 1e:11AM PS 1 ||Hab Siam, State Bar No. 214787 ALAMEDA GOUNTY SIAM LAW GROUP August 10, 2004 2 || 2921 S. Winchester Blvd. Campbell, CA 95008 THE SUPERIOR COURT 3 | Telephone: (408) 379-2201 By Rosanne Case, Deputy Fax Number: (408) 379-9140 4 CASE NUMBER: RGO03106646 5 || Attorneys for Plaintiff Gwen R. Sykes 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ALAMEDA 10 || GWEN RB. SYKES, Case No, RGO3106646 1 Plaintiff, PLAINTIFF’S MEMORANDUM OF 2 y POINTS AND AUTHORITIES IN , SUPPORT OF MOTION FOR ORDER 13 || DOUGLAS SYKES, an individual, and COMPELLING DEFENDANT TO DOES 1-20, inclusive SUBMIT TO PHYSICAL MEDICAL 14 EXAMINATION Defendants. 15 Cal. Code Civ. Proc. §2032(d) 16 BY FAX 17 JUDGE: Hon, Steven Brick 18 DEPT: 31 DATE: August 31, 2004 19 TIME: 2:00 p.m. 20 21 || INTRODUCTION 22 The Plaintiff alleges that the Defendant infected the Plaintiff with herpes, including genital 23 || herpes, and certain other sexually-transmitted diseases, but the Defendant denies that he is even 24 |! infected with genital herpes, denies that he infected the Plaintiff with genital herpes or any other 25 || sexually-transmitted diseases, and denies knowledge of how the Plaintiff became infected with 26 ||genital herpes and other sexually-transmitted diseases. A physical medical examination will 27 28 mo i — MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER COMPELLING DEFENDANT TO SUBMIT TO PHYSICAL MEDICAL EXAMINATION Case No. RG03106646 FROM :SIAM LAL GROUP FAX NO. ? 4883799148 Aug. 16 2664 1e@:12AM Pe establish whether the Defendant is and/or has bcen, in fact,infected with genital herpes and/or other sexually-transmitted diseases that were transmitted to the Plaintiff. Consequently, pursuant to Code of Civil Procedure Section 2032(d), good cause exists to order the Defendant to submit to a full physical medical examinalion to establish whether the Defendant is infected with genital herpes and other sexually-transmitted diseases with which the Plaintiff became infected while having exclusive sexual relations with the Defendant. “IOh IL. PROCEDURAL HISTORY On July 15, 2003, the Plaintiff filed her complaint alleging that the Defendant infected oo the Plaintiff with genital herpes and other sexually-transmitted diseases, made and reaffirmed wo 10 certain contractual agreements based on the fact that the Defendant had infected the Plaintiff 1 with genital herpes and other sexually-transmitted discases, and then repudiated his contractual 12 agreements with the Plaintiff. 13 The Defendant’s motion for summary judgment isset forhearing on August 31, 2004 and 14 trialis set for October 1,2004, 15 I. LEGAL ARGUMENT 16 Pursuant to Code of Civil Procedure Section 2032(d), good cause exists to order the 17 Defendant to submit to a fullphysical medical cxamination, including taking a fullmedical history 18 report from the Defendant relating to the presence, effects, transmission, symptoms and signs, 19 conditions, and/or treatments of sexually-transmitled diseases, including collection of blood, urine, 20 and other body fluids to determine the presence of past or present herpes infection and other 21 sexually transmitted diseases, and including a full body inspection (including body cavity 22 inspection and fullinspection of penis, testicles, and surrounding areas), in each case for allherpes 23 virus types and other sexually transmitted diseases. 24 The Plaintiff’s case islargely based on the fact that the Defendant infected the Plaintiff 25 with genital herpes and other sexually-transmitted diseases. In her contract-related causes of 26 action, the Plaintiff alleges that the Defendant infected the Plaintiff with herpes, including genital 27 herpes, and. other sexually-transmitted diseases, and, as a result of so infecting (he Plaintiff, the 28 2 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER COMPELLING DEFENDANT TO SUBMIT TO PHYSICAL MEDICAL EXAMINATION Case No. RGO03 106646 FROM PSIAM LAW GROUP FAS NG. :4a837o914e Aug. 16 26a4 ia@:12AmM P7 Defendant made and reaffirmed certain contractual agreements with the Plaintiff, allof which have now been repudiated and breached by the Defendant. The Plaintiff's other causes of action also arise primarily out of allegations that the Defendant infected the Plaintiff with herpes, including genital herpes, and other scxually-transmitted diseases. See Declaration of Hab Siam. Turing his depositions, the Defendant has denied that he has genital herpes, denicd that he has infected the Plaintiff with genital herpes or any other scxually-transmitted diseases, and denied knowledge as to how the Plaintiff could have become infected with genital herpes or any other sexually-transmitted diseases. See Declaration of Hab Siam and Separate Statcment in Support. With a reasonable degree of medical certainty, a physical medical cxamination will 10 establish whether the Defendant is and/or has becn, in fact,infected with genital herpes and/or ti other sexually-transmitted diseascs and thiscentral issue in the litigation will be substantially or 12 conclusively resolved. Sce Declaration of Gary A. Richwald, MD, MPH. 13 IV, CONCLUSION 14 Consequently, the Plaintiff respectfully requests that the court make the following orders: 15 (1) that good cause cxists to order the Plaintiff to submit to a fullphysical medical examination under Code of Civil Procedure Section 2032(d); 17 (2) that the Defendant submit to a ful] physical medical examination, including taking 18 a full physical medical examination, including taking a full medical history report 19 from the Defendant relating to the presence, effects, transmission, symptoms and 20 signs, conditions, and/or treatments of sexually-transmitted diseases, including 21 collection of blood, urine, and other body fluids to determine the presence of past 22 or present herpes infection and other sexually transmitted diseases, and including 23 a full body inspection (including body cavity inspection and fullinspection of 24 pertis, testicles, and surrounding areas), in each case for allherpes virus types and 25 other sexually transmitted diseases; 26 27 28 — 3 _— MEMORANDUM OF POINTS AND AU'SHORITTES IN SUPPOR' OF PLAINTIFI’S MOTION FOR ORDER COMPELLING DEFENDANT TO SUBMIT TO PILYSICAL MEDICAL KXAMINATION Case No, ROO3 106646 FROM :SIAM LAL GROUP FAX NO. ? 4883799148 Aug. 16 2664 le@:12AM Pe 1 (3) that the Defendant submit to such physical medical cxamination at4:45 p.m. on 2 August 31, 2004 at North Bay Medical Group, 770 Tamalpais Dtive, Suite 203, 3 Corte Madera 94925; and 4 (4) that Dr. Elizabeth Lowe, specializing in family practice, internal medicine, 5 obstetrics, and gynecology, and/or her two staff physicians, Dr. Basul and/or Dr. 6 Oppenheim (each with substantially the same specialties), and assistants conduct 7 such physical medical cxamination in accordance with Code of Civil Procedure 8 §2032. 9 Heo ako 10 | DATED: August 10, 2004 SIAM LAW GROUP 12 By: Hab Siam 13 Attorney for Plaintiff Gwen R. Sykes 27 28 A MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORTOF PLAINTIFF'S MOTION FOR ORDER COMPELLING DEFENDANT TO SUBMIT TO PHYSICAL MEDICAL EXAMINATION Case No, RG03 106646