Pember v. Superior Court

This is a proceeding in mandamus to compel respondent court to award costs in support of a discovery proceeding.

Facts: In a personal injury action filed in respondent court by petitioner (hereinafter referred to as “plaintiff”) against Charles Johnny Young and Young’s Market, arising out of an automobile collision, counsel for plaintiff asked certain deposition questions of defendant Young regarding his plea of contributory negligence. Defendant Young refused to answer on advice of his counsel.

Plaintiff’s attorneys then commenced a proceeding in respondent court to compel defendant Young to…