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Regular DecisionReconsideration

MARC EBERLE vs. HIGH DESERT STATE PRISON, STATE COMPENSATION INSURANCE FUND

Filed: Jun 20, 2014
Redding
ADJ7407879

CompFox AI Summary

The applicant's Petition for Reconsideration of a September 23, 2010 Order of Dismissal is dismissed as untimely, filed over three years after the original order. The Board also dismissed reconsideration of the statute of limitations defense as the applicant is not yet aggrieved by a final determination on that issue. The matter is returned to the trial level for the judge to address potential estoppel against the defendant asserting the statute of limitations defense due to its delay in doing so. The applicant's attorney had initially requested withdrawal of the original application due to errors.

Full Decision Text1 Pages

The applicant's Petition for Reconsideration of a September 23, 2010 Order of Dismissal is dismissed as untimely, filed over three years after the original order. The Board also dismissed reconsideration of the statute of limitations defense as the applicant is not yet aggrieved by a final determination on that issue. The matter is returned to the trial level for the judge to address potential estoppel against the defendant asserting the statute of limitations defense due to its delay in doing so. The applicant's attorney had initially requested withdrawal of the original application due to errors.

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MARC EBERLE vs. HIGH DESERT STATE PRISON, STATE COMPENSATION INSURANCE FUND (2014) – Redding | CompFox