Union Mutual Life Insurance v. Superior Court

Good Law
145 Cal. Rptr. 316·1978 Cal. App. LEXIS 1394·80 Cal. App. 3d 1
Court of Appeal of CaliforniaApril 18, 1978Civ. 3583California3,666 words

Opinion

Opinion

Tuttle, J.

Petitioner Union Mutual Life Insurance Company (hereafter referred to as Union Mutual) seeks a writ of prohibition to restrain respondent superior court from enforcing an order requiring response to certain interrogatories propounded during pretrial discovery. Union Mutual alleges that the interrogatories are irrelevant to the pending litigation and, in any event, are unduly burdensome. Union Mutual also contends that the imposition of sanctions for its refusal to answer the interrogatories was an abuse of discretion.

We conclude that some of the discovery ordered was unreasonably broad and burdensome, and that the sanctions should not have been imposed.

Statement Of Facts

On May 7, 1976, real party in interest Bobby Ray Scott (hereafter referred to as real party) filed a civil complaint in respondent superior court (Kern County Super. Ct. action No. 141012) against Union Mutual and the Automobile Club of Southern California (hereafter referred to as Auto Club). Real party alleged that on March 1, 1969, Union Mutual issued to Auto Club a group insurance policy which contained, among other things, provisions pertaining to long-term disability employee insurance. Under…

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