Shell Oil Co. v. Superior Court

Pursuant to Code of Civil Procedure section 1987, subdivision (c), real party in interest, on June 10, 1975, served by mail upon petitioners a request to produce persons, books, documents, and “other things” at a trial set for July 10, 1975. On June 20, 1975, petitioners served and filed objections to the request to produce. Real party in interest moved to strike petitioners’ objections, contending that they were not filed within the time provided by section 1987. On July 7, 1975, respondent superior court ruled that petitioners’ objections were not timely and ordered compliance with the request to produce. We issued our alternative writ to review the ruling for the reasons stated in California Accounts, Inc. v. Superior Court, ante, page 483 [ 123 Cal.Rptr. 304 ] filed concurrently with this opinion.

Code of Civil Procedure section 1987, subdivision (a), states the manner of service of a subpena. Subdivision (b) of section 1987 provides for a notice to appear as a substitute for a subpena in the case of parties of record to a civil action and similarly situated persons. Subdivision (c) of section 1987 states in part: “If the notice specified in subdivision (b) is served…