STRAUSS v. SUPERIOR COURT

Docket No. L.A. 21542.

36 Cal.2d 396 (1950)

224 P.2d 726

J.S. STRAUSS, Petitioner, v. THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES, Respondent.

Supreme Court of California. In Bank.

December 6, 1950.


Attorney(s) appearing for the Case

George I. Devor for Petitioner.

Harold W. Kennedy, County Counsel, Douglas DeCoster and William E. Lamoreaux, Deputy County Counsel, for Respondent.

Loeb & Loeb and H.F. Birnbaum for Real Party in Interest.

Morrison, Hohfeld, Foerster, Shuman & Clark, Samuel B. Stewart, Jr., and G.D. Schilling as Amici Curiae on behalf of Respondent and Real Party in Interest.


SPENCE, J.

This is a petition for a writ of mandate to compel respondent court to vacate its order quashing a subpoena duces tecum theretofore issued in a proceeding to perpetuate testimony under section 2084 of the Code of Civil Procedure. The points in controversy are these: (1) the sufficiency of petitioner's pleading of the foundational premise for his demand for the production of the desired documentary evidence; and (2) the definiteness in scope of the subpoena...

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