Legal Opinion

Carehouse Convalescent Hospital v. Superior Court

California Court of Appeal

Decided October 23, 2006No. G037421PublishedCited by 7 opinions

1Opinion of the Court

Opinion

SILLS, P. J.

The adversarial system of justice presumes that the attorneys for each side oppose one another, not depose one another. We issue a peremptory writ because plaintiffs have failed to make the requisite showing of “extremely” good cause to overcome the presumption against taking the deposition of defense counsel Kippy Wroten.

I

Petitioner Carehouse Convalescent Hospital (Carehouse) operates a skilled nursing facility in which Richard Sims (decedent), a 90-year-old man, was being treated during most of 2002 following a stroke. Real parties in interest (plaintiffs) are Sims’s…

2Cases cited11 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
  3. Shelton v. American Motors Corp.Court of Appeals for the Eighth Circuit · 1986
  4. Lewis v. Superior CourtCalifornia Supreme Court · 1999
  5. Fellows v. Superior CourtCalifornia Court of Appeal · 1980

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3Cited by7 opinions

  1. Melendrez v. Superior CourtCalifornia Court of Appeal · 2013
  2. RIVERSIDE SHERIFF'S v. County of RiversideCalifornia Court of Appeal · 2007
  3. Nemirofsky v. Seok Ki KimDistrict Court, N.D. California · 2007
  4. Riverside Sheriffs' Ass'n v. County of RiversideCalifornia Court of Appeal · 2007
  5. Kenne v. Stennis CA2/7California Court of Appeal · 2015

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