Rossbach

Prohibition. Has the superior court jurisdiction to adjudge a defendant in an action guilty of contempt for his refusal to answer interrogatories in a proceeding regularly instituted- by the plaintiff to take his deposition under the provisions of section 2021 of the Code of Civil Procedure, after the sustaining of a. general demurrer to the complaint, with leave to file an amended complaint, the time within which to file the same not having expired and prior to the exercise by plaintiff of such right?

As appears from the petition, a general demurrer was sustained to the complaint with leave to amend, after which and before plaintiff had exercised her right under an order of court granting her leave to file an amended complaint, the proceedings for the taking of the deposition of defendant were instituted. Defendant appeared, was duly sworn, and, upon the advice of his attorney, refused to answer certain questions, propounded to him. Whereupon he was cited to appear before the court and show cause why he should not be adjudged guilty of contempt for such refusal. Upon the hearing of the matter it was ordered that he appear before the notary and give answers to the questions so…