Home/Case Law/TOMAS MOYOTL vs. C&D AEROSPACE, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTERCARE INSURANCE SERVICE on behalf of HIH INSURANCE COMPANY, in liquidation
Regular DecisionRemoval

TOMAS MOYOTL vs. C&D AEROSPACE, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTERCARE INSURANCE SERVICE on behalf of HIH INSURANCE COMPANY, in liquidation

Filed: Aug 23, 2010
San Francisco
ADJ2785097 (LAO 0781834)

CompFox AI Summary

Defendant C&D Aerospace petitioned for removal after the WCJ set the case for trial without ruling on outstanding discovery disputes. The disputes involve compelling further deposition of the applicant and his wife (a lien claimant for home health care) and requiring the applicant to meet with defendant's home health expert. The Appeals Board granted removal, rescinded the trial setting order, and returned the matter to the trial level for a status conference to resolve discovery issues. This ensures the defendant can obtain necessary discovery before the case proceeds to trial, preventing potential prejudice.

Full Decision Text1 Pages

Defendant C&D Aerospace petitioned for removal after the WCJ set the case for trial without ruling on outstanding discovery disputes. The disputes involve compelling further deposition of the applicant and his wife (a lien claimant for home health care) and requiring the applicant to meet with defendant's home health expert. The Appeals Board granted removal, rescinded the trial setting order, and returned the matter to the trial level for a status conference to resolve discovery issues. This ensures the defendant can obtain necessary discovery before the case proceeds to trial, preventing potential prejudice.

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