Stein v. Superior Court

Petition for writ of mandate to compel the superior court to order husband and wife defendants in a personal injury action to answer questions on deposition.

Question Presented

May spouses be compelled to answer questions on deposition in spite of section 1881, subdivision 1, Code of Civil Procedure ?

Record

Petitioner filed suit against Mary Lombardi and Peter Lombardi, husband and wife, for personal injuries alleged to have resulted from a fall upon an uneven portion of the entrance way to and upon property owned by the Lombardis and allegedly negligently maintained by them. Defendants’ answer…