Collins
Collins v. Superior Court
Opinion
Opinion
Perren, J.
A party testified falsely while under oath at his deposition. The original transcript of the deposition, unseen by the deponent, is sent to. his counsel where it remains. Here we conclude; that, although the testimony purportedly was false, it was contained in a document that was yet to be delivered and, therefore, did not constitute perjury in violation of Penal Code section 118. We issue a writ of prohibition.
Facts
Petitioner Christopher Charles Collins worked for Hortus, U.S.A. (Hortus). He filed a workers’ compensation claim alleging that he suffered a work-related injury.
In January 1998, Collins’s sworn deposition was taken by the employer. Before being questioned by Hortus’s counsel, Collins was told that he could be punished, should he give false testimony. He was also told that he would have an opportunity to review and correct any statements made at his deposition. Collins thereafter testified to the scope and extent of the injuries that he claims to have suffered. At the conclusion of the deposition, the parties stipulated that if the signed original deposition transcript is not available for trial, “a certified copy can be used in its place.”