Seven Up Bottling Co. v. Superior Court

McCOMB, J.

This is an application for a writ of prohibition to restrain the superior court from taking the deposition of petitioner Lunt, secretary of the Seven Up Bottling Company of Los Angeles.

Facts:

In a divorce action entitled

Washburn

v.

Washburn,

Los Angeles Superior Court, No. Pasadena D-8011, defendant seeks to take the deposition of petitioner Lunt, Secretary of the Seven Up Bottling Company, on the ground the witness is the only one who can establish facts material to the issues

[76]

involved in the above action, pursuant to the provisions of section 2021, subdivision 6, of the Code of Civil Procedure.

A motion to quash the service of the subpoena and subpoena duces tecum was denied by the superior court, and the present alternative writ was issued by this court.

Respondent has filed a general demurrer to the petition.

Questions-.

First:

Is prohibition a proper remedyf

Yes.

An order of the superior court denying a motion to quash service of process may be reviewed on a writ of prohibition. (Fr

ey & Horgan Corp.

v.

Superior Court,

5 Cal.2d 401, 402 [1] [55 P.2d 203].

Cf. Southern Pac. Co.

v.

Superior Court,

15 Cal.2d 206, 210 [100 P.2d 302, 130 A.L.R. 323].)

Lockheed Aircraft Corp.

v.