Home/Case Law/MICHAEL WAUGH vs. VALVOLINE INSTANT OIL CHANGE, LIBERTY MUTUAL INSURANCE COMPANY
Regular DecisionRegular Panel Decision

MICHAEL WAUGH vs. VALVOLINE INSTANT OIL CHANGE, LIBERTY MUTUAL INSURANCE COMPANY

Filed: Jun 18, 2015
Bakersfield
ADJ9776185

CompFox AI Summary

The Appeals Board denied the applicant's petition for removal, which sought to rescind a notice of intention to dismiss his petition for deposition attorney fees. The judge intended to dismiss the fee petition for failing to show good faith efforts at informal resolution before filing. While no rule mandates such pre-filing efforts, the Board found the applicant failed to demonstrate substantial prejudice or irreparable harm from the notice itself, as no formal order had yet been issued. Therefore, the petition for removal was denied.

Full Decision Text1 Pages

The Appeals Board denied the applicant's petition for removal, which sought to rescind a notice of intention to dismiss his petition for deposition attorney fees. The judge intended to dismiss the fee petition for failing to show good faith efforts at informal resolution before filing. While no rule mandates such pre-filing efforts, the Board found the applicant failed to demonstrate substantial prejudice or irreparable harm from the notice itself, as no formal order had yet been issued. Therefore, the petition for removal was denied.

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