Emerson Electric Co. v. Superior Court

KENNARD, J., Dissenting.

At issue in this case is whether a witness at a deposition may be compelled to reenact an event relevant to the litigation. The majority holds that a deposition witness who refuses to reenact an event “fails to answer any question” (Code Civ. Proc., § 2025, subd. (o)) and therefore may be compelled to perform the reenactment.

I disagree. The Legislature has specified in detail the procedures by which parties to a lawsuit may seek discovery, yet has made no provision for compelling deposition witnesses to reenact events. Unlike the majority, I would not upset the…