Morelli

This is a proceeding for a writ of prohibition commanding the Superior Court for Los Angeles County to desist from enforcing a bench warrant and from taking any further proceedings to adjudge petitioner guilty of contempt of court. The writ is sought on the ground that the respondent court lacks jurisdiction.

The ease before us arises out of an action pending in the respondent court entitled Berry v. Mobile Vacuum Service, et al., in which plaintiffs seek damages for the wrongful death of their deceased child whose death was allegedly caused by the negligence of defendants in parking a motor vehicle and leaving it unattended. In April 1967 the defendant House of Vacuums of Long Beach sued as Mobile Vacuum Service (referred to herein as the defendant), stated in answer to an interrogatory served on it by plaintiff that petitioner, D. A. Morelli, had been employed by it as an expert witness to render an opinion as to matters relating to the accident, and that he rendered a one-page written report dated October 8, 1966. In August 1967, in answer to further interrogatories, defendant stated among other things that petitioner Morelli had knowledge of some of the facts on which it…