State of California ex rel. Department of Transportation v. Superior Court

Petitioner, the State of California, seeks a writ of mandate, writ of prohibition or “other appropriate remedy” directing respondent superior court to vacate its discovery order of August 29, 1979, compelling production of traffic accident reports and data which petitioner claims are privileged. This court issued an order to show cause and ordered a stay of the discovery order.

On January 24, 1977, plaintiffs (real parties in interest) filed a complaint for personal injuries and damages arising from an automobile accident on State Route 17 in Hayward, California, in which a 1974 Volkswagen van, driven by plaintiff Thomas F. Thomsen, rear ended a 1974 Chevrolet van stalled in a lane of the highway. Named as defendants were the driver of the Chevrolet van, companies charged with maintenance of the Chevrolet, the manufacturer of the Volkswagen and the State of California. Liability of petitioner was predicated on allegations that State Route 17 was in a dangerous condition in that there was “an insufficient emergency lane adjacent to the center roadway driver-barrier, immediately west of the northbound No. 1 lane.” Petitioner answered the complaint on July 29, 1977.

The…