Topps & Trowsers v. Superior Court
Opinion
Opinion
Elkington, J.
Sid’s Department Store, Inc., a corporation, commenced an action in the Monterey County Superior Court against Topps & Trowsers, a corporation. Sid’s Department Store served notice of the taking of the deposition in Salinas, Monterey County, of Topps & Trowsers’ president, Harold Schwartz. Salinas is more than 75 miles, but less than 150 miles, distant from the San Francisco residence of Schwartz, who for that reason did not attend the planned deposition.
After proceedings taken therefor the superior court ordered, as a sanction for Schwartz’ failure to attend the deposition, that Topps & Trowsers pay to Sid’s Department Store the sum of $377.50.
On Topps & Trowsers’ petition we issued an alternative writ of prohibition calling for the showing of cause why the enforcement of the order for sanctions should not be restrained.
Sid’s Department Store poses the question before us as “whether the president of a defendant corporation residing over 75 miles but less than 150 miles from the place of trial is obliged to attend a deposition in the county of the place of trial after his lawyer has been properly noticed by the other side. . . .”