Bakman

This proceeding to review an order of the Superior Court of Fresno County overruling petitioners’ objections to written interrogatories presents a novel and fundamental question: Does the First Amendment right of freedom of association shield persons who attend group or organizational meetings, which ultimately result in the institution of a lawsuit against a public agency, from disclosing the identity of all persons who may have attended such meetings, and who might present favorable evidence on behalf of the public agency, even though the disclosure otherwise would be required by the California Discovery Act?

Petitioners are 70 homeowners who own homes in the vicinity of the Fresno Air Terminal; the terminal is an airport owned and operated by real party in interest City of Fresno (hereafter sometimes referred to as real party).

On March 29, 1974, petitioners instituted a civil action in the Superior Court of Fresno County (superior court action No. 163451) against real party, seeking to recover damages for the diminution in the market value of their respective properties; and for personal injuries and emotional disturbances caused by aircraft noise, vibrations, fumes…

I concur in the denial of the writ of prohibition but I do so on the ground that on the record before us petitioners have failed to show that their First Amendment rights to freedom of speech, assembly or association have been jeopardized in any way. Thus, it is unnecessaiy to place the First Amendment and the California Civil Discoveiy Act in juxtaposition for the purpose of weighing their relative merits on the constitutional scale.

I would simply hold that by filing the instant action petitioners have consented to the discovery of the names and addresses of persons who, with petitioners, attended any meetings or organizations concerned with the alleviation or reduction of noise generated by the operations of the *318 Fresno Air Terminal. I find nothing in N.A.A.C.P. v. Alabama (1958) 357 U.S. 449 [ 2 L.Ed.2d 1488 , 78 S.Ct. 1163 ] which compels a contrary rationale. That case recognizes only that compelled disclosure of membership in organizations engaged in advocating a particular religious or dissident belief is constitutionally impermissible as infringing on the right of association absent some overriding state interest. I see no such issue in the case before us.

A…

Spencer Thomas, Jr., City Attorney, James A. McKelvey, Chief Assistant City Attorney, A.H. Einbinder, Deputy City Attorney, Hoge, Fenton, Jones & Appel, Charles H. Brock, and H.R. Lloyd, Jr., for Real Party in Interest.

OPINION

GARGANO, J.

This proceeding to review an order of the Superior Court of Fresno County overruling petitioners' objections to written interrogatories presents a novel and fundamental question: Does the First Amendment right of freedom of association shield persons who attend group or organizational meetings, which ultimately result in the institution of a lawsuit against a public agency, from disclosing the identity of all persons who may have attended such meetings, and who might present favorable evidence on behalf of the public agency, even though the disclosure otherwise would be required by the California Discovery Act?

Petitioners are 70 homeowners who own homes in the vicinity of the Fresno Air Terminal; the terminal is an airport owned and operated by real party in interest City of Fresno (hereafter sometimes referred to as real party).

On March 29, 1974, petitioners instituted a civil action in the Superior Court of Fresno County (superior court…