Home/Case Law/JOSE BELTRAN vs. WINDSOR GARDENS HEALTHCARE CENTER, ENSTAR
Regular DecisionRemoval

JOSE BELTRAN vs. WINDSOR GARDENS HEALTHCARE CENTER, ENSTAR

Filed: Dec 28, 2018
Van Nuys
ADJ11219652, ADJ10999793, ADJ11222341, ADJ11224032, ADJ11221292

CompFox AI Summary

The Appeals Board denied Jose Beltran's petition for removal, finding he failed to demonstrate substantial prejudice or irreparable harm if removal was not granted, or that reconsideration would be inadequate. The Board adopted the WCJ's reasoning that Beltran had not shown a compelling need for additional discovery beyond what was already available or pursuable through the trial judge. Beltran's claims regarding procedural defects in the defendant's declaration of readiness and service were also found unpersuasive. Therefore, the petition was denied, and any further discovery needs can be addressed with the trial WCJ.

Full Decision Text1 Pages

The Appeals Board denied Jose Beltran's petition for removal, finding he failed to demonstrate substantial prejudice or irreparable harm if removal was not granted, or that reconsideration would be inadequate. The Board adopted the WCJ's reasoning that Beltran had not shown a compelling need for additional discovery beyond what was already available or pursuable through the trial judge. Beltran's claims regarding procedural defects in the defendant's declaration of readiness and service were also found unpersuasive. Therefore, the petition was denied, and any further discovery needs can be addressed with the trial WCJ.

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