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HAND v. SUPERIOR COURT

Docket No. 21224.

134 Cal.App.3d 436 (1982)

184 Cal. Rptr. 588

HAROLD E. HAND, JR., Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; GERRY L. BOLES, Real Party in Interest.

Court of Appeals of California, Third District.

July 29, 1982.

Attorney(s) appearing for the Case

COUNSEL

Diehl, Steinheimer, Riggio, Haydel & Mordaunt and Joseph W. Diehl for Petitioner.

No appearance for Respondent.

Crow, Lytle, Gilwee, Donoghue, Adler & Weninger and Gerald J. Adler for Real Party in Interest.

OPINION

BLEASE, J.

At issue in this mandamus proceeding is whether the spouse of the plaintiff in a personal injury action may be deposed as a person for whose "immediate benefit" the action is brought by virtue of her community property interest in any damages to be recovered. We will issue the writ.

I

Gerry L. Boles sued Harold E. Hand, Jr., M.D., an ophthalmologist...

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