Standon Co. v. Superior Court

In this matter, petitioners Standon Co., Inc., and its employee Robert Roy Hand (hereinafter generally Standon) raise an issue of apparent first impression concerning the interpretation of Code of Civil Procedure section 2031. We will issue the writ to compel the trial court to exercise its discretion on the question of sanctions, but otherwise deny the relief sought.

Statement of Facts

The underlying action is one for personal injuries allegedly suffered by plaintiff and real party in interest Hwan Kim. It is alleged that the injuries were received in an automobile accident involving a vehicle driven by Standoffs employee, Robert Hand.

On May 9, 1990, Standon served a “Demand for inspection and production of documents” on Kim pursuant to section 2031. Among the items requested were “Any and all statements, including transcriptions of oral statements, taken from the party propounding this request or from any agent, servant or employee of this party.” (Hereinafter sometimes statements.)

On May 31, 1990, Kim served a document entitled “Plaintiff’s response to defendant’s demand for production of documents.” Kim objected to virtually every request, but these objections…