Lowy Development Corp. v. Superior Court

The issue in this original proceeding is whether a court may issue a protective order excluding other corporate officers from attending the deposition of a fellow corporate officer when the corporation is a party to the action.

Facts

Petitioner Lowy Development Corporation (Lowy), described by the respondent court as “a small, family, closely-held corporation, in which all of the corporate officers are related and allied,” is a defendant in a breach of contract action filed by plaintiff and real party in interest Jose Fontenla. *319 In July 1986, plaintiff scheduled the successive depositions of four officers and employees of Lowy and three officers and employees of its predecessor corporation, Lesny Development. The seven depositions were scheduled over two days.

The first scheduled deposition was that of Alan Lowy. Mr. Lowy appeared for his deposition accompanied by the six remaining deponents. Lowy’s counsel refused to allow the deposition of Mr. Lowy to go forward without the other six being present. Plaintiff’s counsel would not proceed under those circumstances.

The proceedings adjourned at that point and plaintiff moved for a protective order to exclude from…