"the appellate court held that Mr. Washington's deposition testimony is separately admissible under California Code of Civil Procedure section 2025.620(g) and California Evidence Code section 129(a)(2). It further held that use of Mr. Washington's deposition testimony against Union carbide will not violate due process or deprive it of a fair trial or of the ability to move for summary judgment." (Union Carbide Corporation v. Superior Court, Case No. B216591, Calif. Ct. App., 2nd Dist., Div. 2, Jan. 15, 2010.)