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ST. PAUL FIRE & MARINE INS. CO. v. SUPERIOR COURT

Docket No. H008937.

2 Cal.App.4th 843 (1992)

3 Cal. Rptr.2d 412

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; ADVALLOY, INC., Real Party in Interest.

Court of Appeals of California, Sixth District.

January 14, 1992.

Attorney(s) appearing for the Case

COUNSEL

Adams, Duque & Hazeltine, Jeffrey L. Fillerup and Peter A. Smalbach for Petitioner.

No appearance for Respondent.

Bostwick & Tehin and James J. O'Donnell for Real Party in Interest.

OPINION

CAPACCIOLI, Acting P.J.

This is a petition for mandate or prohibition contending that the trial court lacked power to grant relief from default under the Discovery Act in this case. We agree that the trial court should not have allowed relief from deemed admissions, for reasons we will state.

INTRODUCTION

Petitioner St. Paul Fire & Marine Insurance Company...

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