Beesley

Beesley v. Superior Court

Good Law
1962 Cal. LEXIS 253·23 Cal. Rptr. 390·58 Cal. 2d 205·373 P.2d 454
Supreme Court of CaliforniaJuly 19, 1962L. A. No. 26708California1,063 words

Opinion

dissent Opinion

McComb, J.

I dissent. I would deny the writ.

lead Opinion

Peters, J.

The respondent court denied petitioner’s motion for inspection of written statements obtained by the real party in interest from two independent witnesses. Peti *207 tioner seeks mandate to compel such inspection. The sole question presented is whether, under the record, the facts presented by petitioner to the trial court (the real party in interest having presented none) constituted, as a matter of law, a showing of good cause. In other words, did the trial court, under the facts, abuse its discretion in denying discovery ? Of course, if petitioner failed to show good cause, or if there is any reasonable doubt on that question, the respondent court had the power, in its discretion, to deny the motion (Greyhound Corp. v. Superior Court, 56 Cal.2d 355, 380 [ 15 Cal.Rptr. 90 , 364 P.2d 266 ]).

The facts shown by the record are relatively simple. Petitioner, a minor, 4 years old on the date of her accident (and now proceeding through her guardian ad litem) is the plaintiff, and Jack Talashek (the real party in interest) is the defendant in an action for damages for personal injuries alleged to have been sustained when the minor was struck by defendant’s automobile. Shortly after…

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