Southern California Theatre Owners Ass'n v. United States District Court for the Central District of California

Petitioner seeks a writ of mandamus to direct the district court to vacate discovery orders. Theatre Owners complain of an order directing the production of “all opinions, statements or other documents” which relate to the constitutionality of Proposition 15, heretofore held unconstitutional by the Supreme Court of California.

The order also directed Theatre Owners to answer interrogatories which asked the identity of persons preparing the documents, to whom they were sent, who had custody of the documents, and whether the opinions expressed therein were the basis for Theatre Owners’ denial in their answer of an allegation in the complaint that they knew Proposition 15 was unconstitutional.

Theatre Owners resists both the interrogatories and the order to produce on the ground that they violate the attorney-client privilege.

We deny the petition as premature.

Mandamus to review discovery orders is an extraordinary remedy which issues only in very unusual circumstances or to correct an immediate and irreparable injury. Hartley Pen Co. v. United States District Court, 287 F.2d 324 (9th Cir. 1961).

Even were mandamus available in a case of this sort, we would not issue it here…