Cailleaud v. Superior Court

Petitioner seeks by certiorari to review an order of the superior court directing the taking of depositions to perpetuate testimony under section 2083 et seq., of the Code of Civil Procedure.

The steps necessary to enable a party to have a deposition taken to perpetuate testimony are found in section 2084. The proceeding must be initiated by a verified petition of the applicant showing that he expects to be a party to an action in a court in this state, or “that the proof of some fact is necessary to perfect the title to property in which he is interested, or to establish marriage, descent,…