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BRUNO v. SUPERIOR COURT

Docket No. A048089.

219 Cal.App.3d 1359 (1990)

269 Cal. Rptr. 142

DIANA LYNN BRUNO, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; ARNOLD S. GRIDLEY, Real Party in Interest.

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

April 30, 1990.

Attorney(s) appearing for the Case

COUNSEL

Pillsbury, Madison & Sutro, Walter R. Allan, Thomas V. Loran III and James J. Davis, Jr., for Petitioner.

Randall M. Shaw, Timothy J. Lee, Stephen L. Collier and Sarah B. Carnochan as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Arthur A. Groza for Real Party in Interest.

Donna May Campbell, Jeff B. Marschner, Richard A. Elbrecht, Mary-Alice Coleman, Marla L. Scharf and John C. Lamb as Amici Curiae on behalf of Real Party in Interest.

OPINION

CHANNELL, J.

This petition presents the question of whether the superior court may permit discovery in a small claims appeal. We conclude that discovery is not available. However, we conclude that respondent court abused its discretion in sanctioning petitioner's attorney for his attempt to obtain discovery.

I. FACTS

On August 24, 1989, real party in interest, Arnold S. Gridley, filed an unlawful detainer...

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