Sanders

On June 21, 1973, this court ordered the issuance of an alternate writ of mandate requiring respondent court to vacate its order of May 30, 1973, conditionally granting a motion to quash subpoenas duces tecum re deposition and to make a new and unconditional order to quash or in the alternative to show cause why a peremptory writ of mandate compelling such action should not issue.

The superior court file in action number C 32155 entitled Barry Sanders v. Southern Pacific Transportation Company, of which we take judicial notice, discloses that on June 14, 1972, Barry Sanders, an employee of Southern Pacific Company, filed an action against his employer under the provisions of the Federal Employers Liability Act, 45 United States Code section 51 et seq., for personal injuries. The declarations of Sanders and his attorneys disclose that the former received his medical care and treatment for his injuries from the employer’s doctors and that he was referred to Drs. Greenspahn, McCaskill and Gregg, by his attorneys “so that these doctors could examine Barry Sanders, interpret Ms symptoms and inform me [attorney Feldman] what they felt was medically wrong with him.” The…