Brun v. Bailey, 32 Cal.Rptr.2d 624, 27 Cal.App.4th 641 (Cal. App. 3 Dist., 1994)

Annette L Goudy

Practice Area:Litigation

Outcome:Lower court order upheld.

Description:Michael D. Hanley (appellant) was a chiropractor who treated a plaintiff after an auto accident. During the subsequent litigation, the Appellant was deposed by the Defendant, and asked questions relating to his treatment and diagnosis of the Plaintiff. Appellant demanded to be paid his expert witness fees, and Defendant refused. Appellant then filed a Motion for Protective Order, that was denied. Appellant then appealed the order denying his motion for a protective order (Code Civ.Proc., § 2025, subd. (i)), to direct the Defendant to pay Mr. Hanley his expert witness fee.