PEOPLE EX REL. DEPT. OF TRANSP. v. SUPERIOR COURT

Docket No. 15780.

60 Cal.App.3d 352 (1976)

131 Cal. Rptr. 476

THE PEOPLE EX REL. DEPARTMENT OF TRANSPORTATION, Petitioner, v. THE SUPERIOR COURT OF YUBA COUNTY, Respondent; SANDRA CLARK, Real Party in Interest.

Court of Appeals of California, Third District.

July 21, 1976.


Attorney(s) appearing for the Case

COUNSEL

Harry S. Fenton, Robert F. Carlson, Richard A. Wehe, and Gail D. Ohanesian for Petitioner.

No appearance for Respondent.

S. Derek Spencer, Charles O. Morgan, Jr., and Dennis B. Fry for Real Party in Interest.


OPINION

EVANS, J.

The State of California ("State") seeks a writ of prohibition to restrain the Yuba County Superior Court from proceeding with a wrongful death action. The State contends that the court order granting discovery was in excess of jurisdiction or an abuse of discretion, on the following bases: (1) the real party in interest (Clark) failed to comply with discovery procedures...

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