From Casetext: Smarter Legal Research

Kaiser Hawaiian Village Radio v. S.C. of Alameda Cty

Supreme Court of California
Oct 9, 1959
52 Cal.2d 890 (Cal. 1959)

Opinion

Docket No. S.F. 20164.

October 9, 1959.

PROCEEDING in prohibition to restrain the Superior Court of Alameda County from any further proceedings in an action based on plaintiff's notice of taking deposition. Writ granted.

Thelen, Marrin, Johnson Bridges and Max Thelen, Jr., for Petitioners.

No appearance for Respondent.

William D. Corbett, Stark Champlin and Stanley E. Sparrowe for Real Party in Interest.


THE COURT.

Edward J. Hogan, the real party in interest herein, commenced an action against defendant Kaiser Hawaiian Village Radio, Inc., in Alameda County for breach of contract. After defendant filed its answer notice was given pursuant to section 2019 of the Code of Civil Procedure as it read when enacted in 1957 that plaintiff would take the deposition of Hal Lewis in Oakland, California. Lewis is an officer of defendant corporation, he is a resident of Honolulu, Hawaii, and he is not a party to the action. Defendant thereafter moved for an order changing the place for taking the deposition to Honolulu, and the court, in March 1959, denied the motion. It is alleged in the petition, without denial by respondent, that the court will, unless prevented, impose sanctions if the witness does not appear in Oakland for the taking of the deposition. (See Code Civ. Proc., § 2034) We held in Twin Lock, Incorporated, v. Superior Court, ante, p. 754 [ 344 P.2d 788], that the court is without power to impose sanctions for such a reason under the statutes which were in effect prior to the 1959 amendment to section 2019 of the Code of Civil Procedure.

Let a peremptory writ of prohibition issue restraining respondent court from any further proceedings based upon plaintiff's notice of taking deposition dated February 9, 1959.

White, J., did not participate herein.


Summaries of

Kaiser Hawaiian Village Radio v. S.C. of Alameda Cty

Supreme Court of California
Oct 9, 1959
52 Cal.2d 890 (Cal. 1959)
Case details for

Kaiser Hawaiian Village Radio v. S.C. of Alameda Cty

Case Details

Full title:KAISER HAWAIIAN VILLAGE RADIO, INC. (a Corporation) et al., Petitioners…

Court:Supreme Court of California

Date published: Oct 9, 1959

Citations

52 Cal.2d 890 (Cal. 1959)
344 P.2d 793

Citing Cases

Toyota Motor Corp. v. Superior Court (Michael Stewart)

After the 1957 enactment of section 2019, section 1989 continued to apply to depositions. ( Twin Lock, supra,…

Toyota Motor Corp. v. Superior Court of L. A. Cnty.

(See Twin Lock, Inc. v. Superior Court (1959) 52 Cal.2d 754, 760 (Twin Lock))After the 1957 enactment of…