Fuller

Introduction

Petitioners, African-American shoppers who claim they were beaten by security guards, sued the individual guards, the guards’ employer IPC International Corporation (IPC), and others, alleging various tort causes of action. Petitioners noticed the depositions of the individual guard defendants. Fearing criminal prosecution arising from the same incident, the security guards moved the trial court for a protective order precluding the depositions, or staying them until the criminal statute of limitations expires. Petitioners opposed the motion and asked the trial court by a mandamus petition to prohibit the security guards from testifying at trial to matters about which they might, during deposition, invoke their privilege against self-incrimination (U.S. Const., 5th Amend.; Cal. Const., art. I, § 15 ). The trial court denied both the security guards’ motion and petitioners’ petition. Petitioners then sought a writ of mandate in this court to direct the trial court to preclude the security guards from testifying at trial to matters about which the security guards might during deposition invoke their privilege.

We hold that the trial court did not abuse its…