C. S. Smith Metropolitan Market Co. v. Superior Court
Opinion
Lead Opinion
Edmonds, J.
The petitioners are seeking a writ of prohibition to prevent the Superior Court from enforcing compliance with a subpoena duces tecum and requiring one of them to answer certain questions.
The Food and Grocery Bureau of Southern California has brought an action to enjoin certain acts of the petitioner C. S. Smith Metropolitan Market Co., Ltd., a corporation, which, it charges, violate the Unfair Practices Act. (Stats. 1913, p. 508, as amended; Deering’s Gen. Laws, Act 878.1.) The complaint alleges that upon various occasions in 1939, the Market company offered for sale and sold certain merchandise below cost. For the purpose of obtaining a subpoena duces tecum in that suit, the Grocery Bureau presented to the superior court an affidavit of one of its attorneys stating that the petitioner Drucquer, whose testimony is sought as a witness, has in his possession the original work sheets and working papers made by him in an examination and analysis of the market company’s books and records. Upon the showing made in this affidavit, a court commissioner ordered the issuance of a subpoena, which in due time, the petitioners moved to recall. This motion was denied.