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Cahill Construction Co., Inc. v. Superior Court

Court: California Courts of Appeal

Docket: A162885(First Appellate District)

Opinion Date: July 19, 2021

Judge: Rodriguez

Areas of Law: Civil Procedure, Personal Injury, Products Liability

Richards sued 105 defendants, including Cahill, with claims arising out of Richards’s alleged asbestos exposure during his 30-year career as a pipefitter. The trial court granted trial preference based on a declaration from Richards’s physician that Richards, then 72 years old, was suffering from mesothelioma and had a life expectancy of fewer than six months. Richards produced voluminous responses to interrogatories, the transcript of Richards’s prior deposition in asbestos litigation involving Richards’s co-worker, and Richards’s employment records.

Code of Civil Procedure section 2025.295 provides that in a civil action “for injury or illness that results in mesothelioma” if a licensed physician declares the plaintiff “suffers from mesothelioma . . . , raising substantial medical doubt of the survival of the [plaintiff] beyond six months,” deposition examination of the plaintiff is limited to seven hours of total testimony. The statute permits a court to grant up to an additional seven hours if more than 20 defendants appear at the deposition. Defendants deposed Richards for 14 hours. Cahill challenged the time limit.

The court of appeal denied Cahill’s petition for mandamus relief. A court may not grant deposition time in excess of the 14-hour cap established in section 2025.295(b)(2) despite other Code of Civil Procedure provisions addressing a court’s right to control discovery. Section 2025.295’s limitation on deposition time does not violate Cahill’s due process rights.

This case law update is brought to you by Freeway Law auto accident and personal injury law attorneys. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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