1880 Corporation v. Superior Court

GIBSON, C. J.

The 1880 Corporation seeks a writ of mandate directing the superior court to order defendant Atlas

[842]

Corporation to respond to interrogatories. Service of summons and complaint was made on Atlas pursuant to court order by delivery to the Secretary of State, and Atlas filed a notice that it would appear specially and move to quash service of summons upon the ground that the superior court lacked personal jurisdiction. In support of the motion Atlas filed an affidavit stating that it is not and never has been engaged in business in California.

The 1880 Corporation then served the interrogatories, which were designed to ascertain facts relating to the question of jurisdiction. Atlas refused to answer, and this proceeding was commenced after the court denied a motion to compel answers.

Section 2030 of the Code of Civil Procedure provides : “ (a) Any party may file and serve upon any adverse party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, or body politic, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may be served upon any adverse party at any time after service of the summons or the appearance of such adverse party and without leave of court, except that, if service of interrogatories is made by the plaintiff within 10 days after such service of summons or appearance, leave of court granted with or without notice must first be obtained. ... (b) Interrogatories may relate to any matters which can be inquired into under subdivision (b) of Section 2016 of this code, and the answers may be used to the same extent as provided in subdivision (d) of Section 2016 of this code for the use of the deposition of a party. ...”

Section 2016 of the Code of Civil Procedure provides: “. . . (b) . . . [T]he deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, ... (d) At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party. . . .”