Green

If this case is an example, the term “civil procedure” is an oxymoron.

Plaintiff’s attorney appeals a discovery order that he pay $950 in sanctions. We echo the trial court’s comment when he reviewed the facts that gave rise to this order: “Unbelievable.” What is believeable, however, is that the order is not appealable. Nevertheless, we treat it as a writ petition. No court should have to review these facts again.

Facts

Plaintiff Green sued defendant GTE California, Inc. (GTE), for wrongful termination. GTE noticed plaintiffs deposition. After several continuances, the deposition was set for the afternoon of June 23,1993. Plaintiff’s attorney apparently had difficulty in other cases with the same defense counsel who would be representing GTE at the deposition. He therefore wished to control what he believed to be “intimidation tactics” practiced by his opposing counsel in the past. He points out that these tactics included facial expressions and gestures, which would not appear in a transcript. Nor would they appear on defendant’s reporter’s video equipment.

Plaintiffs attorney therefore brought his own video camera for the purpose of taping defense counsel during…