California, United States of America
The following excerpt is from Buck v. Buck, G053279 (Cal. App. 2017):
Armstrong v. Gates (1973) 32 Cal.App.3d 952, 954, 957 (Armstrong), was an appeal from an order setting aside a default judgment. The trial court ordered no oral testimony would be permitted at the hearing. (Id. at p. 957.) The motion to set aside the judgment was based primarily on the declaration of senior claim specialist at an insurance company. (Id. at p. 955.) The appellate court considered whether a protective order denying the moving party the right to depose the claim specialist before opposing the motion to set aside the default judgment was erroneous. (Id. at p. 957.) Plaintiffs sought to discredit statements contained in the claim specialist's declaration. (Id. at p. 958.)
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