Home/Case Law/MALIA ESTEBAN vs. COUNTY OF MONTEREY, INTERCARE
Regular DecisionRegular Panel Decision

MALIA ESTEBAN vs. COUNTY OF MONTEREY, INTERCARE

Filed: Feb 08, 2016
Salinas
ADJ8291111

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The Appeals Board denied the applicant's Petition for Removal, which sought to overturn the Mandatory Settlement Judge's order closing discovery and setting the case for trial. The Board found no substantial prejudice or irreparable harm to the applicant and that reconsideration would be an adequate remedy. The applicant's contention that closing discovery denied due process was rejected, as the trial judge can develop the record and hear evidence on disputed issues like alleged consequential injuries. All issues raised by the applicant are preserved for the trial judge's determination.

Full Decision Text1 Pages

Here's a concise summary for a lawyer:

The Appeals Board denied the applicant's Petition for Removal, which sought to overturn the Mandatory Settlement Judge's order closing discovery and setting the case for trial. The Board found no substantial prejudice or irreparable harm to the applicant and that reconsideration would be an adequate remedy. The applicant's contention that closing discovery denied due process was rejected, as the trial judge can develop the record and hear evidence on disputed issues like alleged consequential injuries. All issues raised by the applicant are preserved for the trial judge's determination.

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