Zinn

This proceeding in mandate originated by petition filed February 4, 1980, challenging the respondent court’s order of December 28, 1979, denying the motion of plaintiffs in the underlying civil action for sanctions upon the failure of defendants to appear at their noticed depositions. The subject depositions were noticed after the underlying action was removed from the civil calendar and assigned to binding judicial arbitration upon stipulation of the parties 11 days prior to the date originally set for trial.

The respondent court denied plaintiffs’ motion for sanctions upon the ground that California Rules of Court, rule 222, precluded discovery as a matter of right once the trial date was vacated and the case assigned to judicial arbitration.

I

The threshold issue presented is whether rule 222 operates to preclude a revival of full discovery rights where an action is assigned to judicial arbitration fewer than 30 days prior to the date set for trial. If this issue is determined in favor of plaintiff petitioners, a secondary issue arises as to the appropriateness of sanctions for the refusal of defendants to attend their depositions.

II

The following material facts…