Home/Case Law/DAVID ESPINOZA RODRIGUEZ vs. WEST COAST PAINTING, INC., CNA CLAIMS SERVICES
Regular DecisionRemoval Petition

DAVID ESPINOZA RODRIGUEZ vs. WEST COAST PAINTING, INC., CNA CLAIMS SERVICES

Filed: Jan 05, 2012
San Francisco
ADJ7621876

CompFox AI Summary

This case concerns defendant West Coast Painting's petition to remove an order quashing their Notice of Deposition for applicant David Espinoza Rodriguez. The defendant argued the quashing occurred in a non-noticed walk-through and asserted new circumstances, including potential back surgery and treatment outside the MPN. However, the Appeals Board denied the petition, adopting the WCJ's reasoning that the defendant failed to demonstrate good cause for a subsequent deposition and that no irreparable harm would result from denying it. The denial is consistent with Code of Civil Procedure section 2025.610, which generally limits parties to one deposition per deponent without good cause shown.

Full Decision Text1 Pages

This case concerns defendant West Coast Painting's petition to remove an order quashing their Notice of Deposition for applicant David Espinoza Rodriguez. The defendant argued the quashing occurred in a non-noticed walk-through and asserted new circumstances, including potential back surgery and treatment outside the MPN. However, the Appeals Board denied the petition, adopting the WCJ's reasoning that the defendant failed to demonstrate good cause for a subsequent deposition and that no irreparable harm would result from denying it. The denial is consistent with Code of Civil Procedure section 2025.610, which generally limits parties to one deposition per deponent without good cause shown.

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DAVID ESPINOZA RODRIGUEZ vs. WEST COAST PAINTING, INC., CNA CLAIMS SERVICES (2012) – San Francisco | CompFox