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WATERS v. SUPERIOR COURT

Docket No. L.A. 26934.

58 Cal.2d 885 (1962)

377 P.2d 265

27 Cal. Rptr. 153

FRANK J. WATERS, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HUGHES TOOL COMPANY, Real Party in Interest.

Supreme Court of California. In Bank.

December 18, 1962.

Attorney(s) appearing for the Case

Crowley & Rhoden, Arthur J. Crowley and Philip C. Griffin for Petitioner.

No appearance for Respondent.

Bautzer & Grant and Herbert Schwab for Real Party in Interest.

TOBRINER, J.

Applying the liberality of construction which we believe to be appropriate to discovery procedures, we hold here that plaintiff has sufficiently shown "good cause" to entitle him to an order pursuant to Code of Civil Procedure section 2019, subdivision (a) (3) to take the deposition of an unserved defendant and certain witnesses. On the other hand, for reasons hereinafter stated, we do not believe that plaintiff...

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