PEMBER v. SUPERIOR COURT

Docket No. L.A. 29266.

66 Cal.2d 601 (1967)

427 P.2d 167

58 Cal. Rptr. 567

THOMAS DOYLE PEMBER, Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; CHARLES JOHNNY YOUNG et al., Real Parties in Interest.

Supreme Court of California. In Bank.

May 5, 1967.


Attorney(s) appearing for the Case

Vizzard, Baker, Sullivan & McFarland and Allan H. McFarland for Petitioner.

No appearance for Respondent.

King, Eyherabide, Cooney & Owen, Rodney Cooney, Robert Anspach and Robert E. King for Real Parties in Interest.


McCOMB, J.

This is a proceeding in mandamus to compel respondent court to award costs in support of a discovery proceeding.

Facts: In a personal injury action filed in respondent court by petitioner (hereinafter referred to as "plaintiff") against Charles Johnny Young and Young's Market, arising out of an automobile collision, counsel for plaintiff asked certain deposition questions of defendant Young regarding his plea of contributory negligence. Defendant...

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