Plaintiff appealed the decision from the Superior Court of Los Angeles County

Procedural Posture

Plaintiff appealed the decision from the Superior Court of Los Angeles County (California) which ordered him to appear at the office of defendants’ counsel for the purpose of taking his deposition in plaintiff’s breach of contract action.

 

Overview: San Diego car accident lawyers

In plaintiff’s breach of contract action, the municipal court ordered that the action was subject to the Economical Litigation Project, Cal. R. Ct. 1701 et seq. Those rules provide that not discovery is permissible except under certain limited exceptions. Cal. R. Ct. 1719. Mistakenly defendants attempted to take plaintiff’s deposition at which he failed to appear. Defendants noticed a motion to strike at which hearing plaintiff appeared and argued against his being required to appear for the deposition. The trial court ordered the complaint stricken unless plaintiff submitted to the deposition. Plaintiff then filed a writ of prohibition which was denied and plaintiff appealed the denial arguing that depositions could only be ordered in cases of extreme or unusual circumstances. The court found that, while it could hear appeals of denials of extraordinary writs, it could not hear an appeal of a discovery order. The court therefore dismissed the appeal thereby affirming the order for the deposition.

 

Outcome

Plaintiff’s appeal of the order requiring him to submit to a deposition was dismissed because the appellate court could not hear appeals of discovery orders.




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