Golden State Co. v. Superior Court

McCOMB, J., Concurring.

I concur in the conclusion of the majority of the court. However, it is with considerable reluctance that I am unable to agree with the reasoning of my learned associates. Section 2021, subdivision 1, of the Code of Civil Procedure provides in part that the testimony of a witness may be taken by deposition “when the witness is ... an officer, member, agent, or employee of a corporation ...”

As I read the majority opinion, it leads to one of two inevitable results: Either the court is (a) holding that “is” means “was” or (b) inserting in the statute the word “was”, so as…