Webb

In a breach of contract action, the municipal court ordered plaintiff Jerry Webb to appear at the office of defendants’ counsel for the purpose of taking his deposition. Plaintiff was also ordered to pay sanctions of $300 for a previous failure to appear.

Plaintiff petitioned the superior court for a writ of prohibition. That court entered a judgment vacating the sanctions but leaving intact the requirement that plaintiff appear for the taking of his deposition. Plaintiff has appealed. We have concluded that the “judgment” of the superior court is, under the circumstances as we will discuss, nonappealable. Since plaintiff has appeared in pro. per. and in order to illuminate the entire matter, we will, however, discuss the merits of the issues presented.

The parties agree that the municipal court action was subject to the rules of the Economical Litigation Project (ELP) (Cal. Rules of Court, rule 1701 et seq.). Those rules provide, inter alia, that no discovery is permissible except under certain limited circumstances. (Cal. Rules of Court, rule 1719.)

*884 Rule 1719(e)(2), however, provides that on motion and subject to reasonable terms and conditions, the court may…