Carlson

Petitioner seeks a writ of mandate to require the superior court to set aside its order prohibiting her from taking certain depositions.

In May 1960, petitioner, as defendant and cross-complainant, was granted an interlocutory judgment of divorce against Carroll C. Carlson, the real party in interest. Most of the provisions of that judgment were in accord with stipulations entered into in open court. On June 8,1960, the parties signed a document (dated June 6th) entitled “Stipulation and Order for Modification of Interlocutory Judgment of Divorce,” by the terms of which it was agreed that certain real property previously awarded to the husband should be awarded to the wife, and that thereafter the wife should pay both her own and the husband’s attorney fees in the event that she should bring any future “action for the purpose of increasing alimony, or for any purpose against the Plaintiff ...” other than for increased child support. At least one copy of the document was also signed by the attorney for each party, but before the same could be presented to the court *434 for approval and entry of order, the husband repudiated the stipulation, claiming that it had never been…

As stated in the majority opinion, one of the grounds urged by the husband herein in support of the trial court’s order prohibiting the depositions was that the depositions were proposed by petitioner for the sole purpose of harassment. The majority concede {ante, p. 440) that “This is, of course, a statutory basis for the exercise of discretion by the trial court, and such exercise cannot be disturbed if there is any substantial evidence to support it.” (See also Code Civ. Proc., § 2019, subd. (b) (1).) As I read the record, it appears that, contrary to conclusional statements in the majority opinion, the declarations filed by the husband set forth substantial facts which support this statutory basis and the trial court’s implied finding that petitioner seeks the depositions for the sole purpose of “annoyance, embarrassment, or oppression,” as contended by the husband.

Appended as Exhibit “G” to the petition for the writ is a *442 copy of the husband’s declaration filed in support of his motion for an order pursuant to subdivision (b) (1) of section 2019 of the Code of Civil Procedure that the depositions not be taken. Incorporated in such declaration “as though set forth in…