Volkswagen of America, Inc. v. Superior Court

March 19, 1971, we issued an alternative writ to respondent court, directing it to show cause why its order of December 17, 1970 (as modified February 9, 1971), striking petitioner’s answer to the com plaint filed by Hyatt (real party in interest), should not be annulled. We have now determined that a peremptory writ of prohibition should issue. (Lund v. Superior Court (1964) 61 Cal.2d 698, 708-710 [ 39 Cal.Rptr. 891 , 394 P.2d 707 ].)

On February 24, 1970, Hyatt filed in respondent court a complaint for personal injuries and wrongful death, and in March 1970 Volkswagen of America, Inc. (VWOA) filed its answer thereto. On July 21, 1970, Hyatt served on petitioner VWOA a notice of taking depositions of Frederick Goes and Kurt Goebel, two employees of Volkswagenwerk, A.G. (VWAG), to be taken orally on August 31 and September 1 and 2, 1970, in the offices, of the American Consulate General in Hamburg, Federal Republic of (West) Germany. Neither the petitioner’s attorneys nor the witnesses appeared; Hyatt’s motion (under Code Civ. Proc., § 2034) to strike the answer of petitioner, VWOA, was heard in December resulting in the order of December 17, 1970, already mentioned.…