California Court of Appeal

In plaintiff's negligent suit for serious personal injuries she suffered when struck on her bicycle by a car driven by the defendant, trial court's grant of the defendant's husband's requests for a protective order precluding further examinations during depositions and an award of sanctions against the plaintiff and the plaintiff's attorney is reversed, as the sanction order was in error, because while the court may properly have rejected plaintiff's contention concerning the scope of the exception to the marital privilege, the conflicting legal authority on an unsettled issue provided substantial justification for plaintiff's position, negating the basis for the sanction order.

Appellate Information

• Decided 08/20/2012
• Published 08/20/2012

Judges

• Pollak

Court

• California Court of Appeal

Counsel