11/30/2006
California Court Rejects Attempt to Depose Opposing Counsel During Wrongful Death Suit
Carehouse Convalescent Hospital v. Superior Court of Orange County, ___Cal. Rptr. 3rd ___, 2006 WL 3001159 (Cal.App. 4 Dist. 2006)
Brief Summary
While defending a nursing home against a wrongful death claim, the defense attorney prepared subjective mathematical calculations of the nursing staffing ratios at the home. Opposing counsel sought to obtain the ratios first through an interrogatory and then by deposition of the defense attorney. The appellate court rejected this as a ploy to obtain an adversary’s work product.
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