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SULLIVAN v. SUPERIOR COURT

Docket No. 31609.

29 Cal.App.3d 64 (1972)

105 Cal. Rptr. 241

WILLIAM A. SULLIVAN, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; MARY SPINGOLA et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Four.

November 30, 1972.

Attorney(s) appearing for the Case

COUNSEL

Ralph A. Rizzo for Petitioner.

Gordon L. Rockhill as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Fitzgerald, Goldenberg, Zittle & Casey, Frank D. Fitzgerald and Richard A. Wylie for Real Parties in Interest.

OPINION

BRAY, J.*

Petitioner petitions for writ of prohibition or other writ to prohibit enforcement of discovery orders of the Superior Court of San Mateo County and an order for payment of attorney's fees.

Questions Presented

1. Evidence Code section 771, regarding a witness' use of a writing to refresh his memory, does not under the circumstances control over the code provisions...

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