Hagan

This is a proceeding in mandamus, by petitioner Evert L. Hagan, to compel the real party in interest, Mary H. Lamb, to answer certain questions asked her on a deposition after the trial court had denied relief. The case comes to us after the second denial by the District Court of Appeal of the application. This court granted a hearing, and issued an alternative writ. The return to that writ, filed by the real party in interest, calls attention to certain facts which, it is urged, demonstrate that the District Court of Appeal acted well within its discretion in denying the second application. We agree with this contention.

The facts are as follows: In 1955, Hagan, acting for himself and as agent for one Mangus, purchased certain mining claims from Mr. and Mrs. Lamb. Hagan, claiming fraud, brought an *769 action against the Lambs in the Los Angeles Municipal Court, and recovered default judgments against both of them. Mrs. Lamb then instituted an action in the Los Angeles Superior Court to have the default judgment as against her set aside. In that action she is apparently contending that she was not validly served, that she was unaware of the suit, and that she is not legally…