Poeschl

Petitioner seeks a writ of mandate to compel the Superior Court of Ventura County, Oxnard Branch, to grant his motion for an order directing the real party in interest to produce certain tape recordings for his inspection.

The real party in interest, David L. Pair, is the plaintiff in a pending action for damages for alleged breach of an employment contract. Petitioner and Robert J. Poeschl Pord, Inc., are defendants. The taking of the depositions of petitioner and the real party in interest were separately noticed for April 27, 1964. By both priority of notice and by stipulation of counsel, the taking of the deposition of petitioner was first in order. On April 21, 1964, petitioner noticed a motion for an order directing the real party in interest to produce all recordings taken or possessed by him of conversations between himself and petitioner or any employee or agent of petitioner relating to his employment or discharge by petitioner.

In support of the motion, petitioner filed declarations of his counsel and another individual. The declaration of counsel stated: He was informed that the real party in interest had stated that he had made recordings of conversations relating…