Miller v. Superior Court Napa Cty.

Petitioner, respondent in an order to show cause re contempt, seeks a writ to prohibit respondent superior court from enforcing its order of March 25, 1977, requiring petitioner to produce and permit inspection and copying of his state and federal income tax returns for the years 1971 through 1976.

Facts

On December 10, 1976, an order to show cause re contempt issued upon the declaration of real party (hereafter wife) which showed that petitioner (hereafter husband) was $6,340 in arrears in child support accumulated pursuant to an interlocutory judgment of dissolution entered on October 22, 1971.

On January 10, 1977, at the hearing on the matter, husband took the stand and testified that he was unable to provide any support for his three children. The court thereafter ordered that husband make full disclosure to wife of the status of his physical, mental and emotional health, and reserved the issue of whether husband was in contempt of court until a further hearing on the matter.

On March 11, 1977, wife noticed a motion for order for production and inspection of documents, including federal and state tax returns filed by husband for the tax years 1971 through 1976. On…