Perspective
Aug. 17, 2011
Restrictions on depositions create uneven playing field
State courts' limited authority to compel foreign witnesses to attend deposition or trial in California may lead to forum shopping. By Martin H. Nguyen of Keller and Heckman LLP
Do California courts have authority to compel out of state residents to attend deposition or trial in California? No, according to a unanimous opinion authored by Justice H. Walter Croskey of the 2nd District Court of Appeal. Toyota Motor Corp v. Superior Court (Stewart), 2011 DJDAR 11254 (2nd Dist. July 27, 2011).
The Toyota action arose out of a 2007 single vehicle crash of plaintiffs' Toyota pickup truck in Idaho...
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