Suezaki

I dissent. I would deny the writ.

Petitioners Henry Suezaki and Grace Suezaki are plaintiffs, and Stanley L. Crawford and Golden State Leasing Company (the real parties in interest herein) are defendants in an action for personal injuries pending in the respondent court. Defendants’ attorney hired an investigator to take motion pictures of plaintiff (Henry) without the latter’s knowledge. By the use of interrogatories, answers to which, over defendants’ objections, were compelled by the trial court, plaintiffs discovered the existence of the films, that they had been taken by an independent investigator, and delivered by him to defendants ’ attorney. Plaintiffs then filed a motion asking for the production and inspection of the *170 films under the provisions of section 2031 of the Code of Civil Procedure. 1 The motion was supported by a proper affidavit. Defendants opposed the motion. In their supporting affidavit the only opposition stated was that the films had been “communicated to [attorney for defendants] for the confidential use in the preparation of the defense. ...” The motion was denied, and plaintiffs (as petitioners herein) seek a writ of mandate requiring respondent court to authorize the…