Home/Case Law/KIRK ALVARADO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE COMPANY
Regular DecisionReconsideration

KIRK ALVARADO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE COMPANY

Filed: May 25, 2012
Long Beach
ADJ7646278

CompFox AI Summary

Former applicant's counsel sought reconsideration of an arbitrator's order requiring them to pay $525.00 to reimburse the defendant for a failed deposition. The arbitrator based the order on a "fair balance" rather than bad faith, believing the defense was ready to proceed. However, the Appeals Board granted reconsideration, rescinding the cost order. The Board found that miscommunication between the applicant and his attorney, not counsel's fault, caused the deposition's failure.

Full Decision Text1 Pages

Former applicant's counsel sought reconsideration of an arbitrator's order requiring them to pay $525.00 to reimburse the defendant for a failed deposition. The arbitrator based the order on a "fair balance" rather than bad faith, believing the defense was ready to proceed. However, the Appeals Board granted reconsideration, rescinding the cost order. The Board found that miscommunication between the applicant and his attorney, not counsel's fault, caused the deposition's failure.

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KIRK ALVARADO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE COMPANY (2012) – Long Beach | CompFox