Agnew

This is a petition for writ of mandate directed to respondent superior court requiring it to make its order directing John A. Cronin, a witness in a deposition proceeding, to answer certain questions. No answer to the petition has been filed by Cronin.

The witness Cronin refused to answer some 17 questions on grounds of immateriality and of a privileged relationship existing between himself as attorney and defendant C. N. Young as his client.

“ Mandamus is the appropriate remedy to secure the enforcement of a litigant’s statutory right to take depositions, and an appeal from a final judgment is neither speedy nor adequate where a trial court improperly refuses to order that a deposition be taken.” (McClatchy Newspapers v. Superior Court, 26 Cal.2d 386, 392 [ 159 P.2d 944 ], See Brown v. Superior Court, 34 Cal.2d 559 [ 212 P.2d 878 ].)

The pending action in which the deposition is being taken is by petitioner as plaintiff against Cronin, Young, Palumbo and others for damages for civil conspiracy and fraud, and for declaratory relief. (See Agnew v. Cronin, 148 Cal.App.2d 117 [ 306 P.2d 527 ].) Petitioner, having stated causes of action against the defendants Cronin, Young and…