Waters v. Superior Court

Applying the liberality of construction which we believe to be appropriate to discovery procedures, we hold here that plaintiff has sufficiently shown ‘ ‘ good cause ’ ’ to entitle him to an order pursuant to Code of Civil Procedure section 2019, subdivision (a) (3) to take the deposition of an unserved defendant and certain witnesses. On the other hand, for reasons hereinafter stated, we do not believe that plaintiff has presently submitted an adequate showing pursuant to Code of Civil Procedure section 2019, subdivision (a) (4) to take the deposition of the unserved defendant as managing…