Nowell

Louis Nowell, one of the petitioners herein, and Phill Silver, real party in interest, were candidates for the office of councilman in the City of Los Angeles at the election of May 28, 1963. On June 6, 1963, Silver filed an action against Nowell and a number of others, alleging that in the course of the campaign defendants published certain material that assertedly libeled him. Subsequently Silver took the deposition of Nowell. Upon advice of counsel, Nowell refused to answer numerous questions. Silver’s motion to compel him to answer pursuant to Code of Civil Procedure, section 2034, was granted as to certain questions and denied as to others.

Nowell and two of the other defendants petitioned this court for a writ of prohibition. The petition sets forth 11 questions to which objection was taken on the ground that they sought to elicit privileged communications between de fendants and their counsel. As to these questions petitioner Nowell asserted the attorney-client privilege and refused to answer. The trial court, however, granted the motion of the real party in interest to require answers to them. This petition seeks to restrain the respondent court from requiring him to…