Superior Insurance v. Superior Court

Petitioners seek mandamus 1 to compel respondent superior court to vacate an order for perpetuation of testimony and to quash a subpoena duces tecum issued in connection therewith. We have concluded that the testimony and the documents sought are within the scope of the statutory proceedings for perpetuation of testimony, and that the relief asked should be denied.

Sally Hays, the real party in interest, filed in respondent court an application for perpetuation of testimony under sections 2083 and 2089 of the Code of Civil Procedure, in which she alleges: She expects to be a party to an action…