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United Carbide v. Superior Court
This is an action brought by real parties in interest Helen P. Washington (Helen) and others for the wrongful death of John H. Washington, Jr., (John)[1] due to his exposure to asbestos (wrongful death action). At issue is the trial courts denial of a motion by petitioner Union Carbide Corporation (Union Carbide) to preclude the use of Johns deposition from a personal injury action he filed in Texas (Texas action) to prove liability in the wrongful death action. According to Union Carbide: (1) Johns deposition is inadmissible under Code of Civil Procedure section 2025.620, subdivision (g)[2] and Evidence Code section 1291, subdivision (a)(2) because Union Carbide did not have the motive and opportunity to elicit sufficient deposition testimony from John to support a summary judgment motion in the wrongful death action; (2) permitting the use of Johns deposition will violate due process; and (3) even if Johns deposition is admissible, it should have been excluded pursuant to Peat, Marwick, Mitchell & Co. v. Superior Court (1988) 200 Cal.App.3d 272 (Peat) after his law firm, Waters & Kraus, LLP (Waters & Kraus), engaged in an abusive litigation practice by filing the Texas action because (a) Texas limits depositions to six hours per side, (b) Texas has a less onerous burden of proof for summary judgment, (c) Union Carbide had no motive or opportunity to obtain adequate discovery to support summary judgment in a similar California action, and (d) Waters & Kraus intended to dismiss the Texas action, file a new personal injury action on Johns behalf in California and object to any attempt to redepose John on the grounds that he was too ill. Court conclude that Johns deposition is admissible, and his deposition should not be precluded. The petition is denied.

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