Unger v. Los Angeles Transit Lines

FOURT, J.

The matter before this court at this time is the motion of the plaintiff to dismiss the appeal of the defendants.

Chronicled, the following occurred:

(1) Plaintiff filed an action on October 17, 1957, against the defendants for damages on account of personal injuries received, and arising out of an accident which occurred on June 13, 1957.

(2) Answer of Los Angeles Transit Lines was filed November 1, 1957. '

(3) Plaintiff served' three written interrogatories on Los Angeles Transit Lines on March 3, 1958, wherein she sought

[707]

the names and addresses of the witnesses to the accident known to Los Angeles Transit Lines (not the accident reports or statements of witnesses or any writings).

The first interrogatory sought to have the defendants:

(a) state names and addresses of all persons now known to you or to any employee, agent or officer who were passengers on the bus from which plaintiff alighted on June 13, 1957, and who were in the bus at the time plaintiff alighted therefrom;

(b) state names and addresses of all persons now known to you, or to any employee, agent or officer, who saw plaintiff fall while or after alighting from the bus at the time above set forth;

(c) state names and addresses of all persons now known to you, or to any employee, agent or officer, who have any information regarding the accident and indicate the information that they have. (See

City & County of San Francisco

v.

Superior Court,

161 Cal.App.2d 653 [327 P.2d 195] [petition for hearing denied by Supreme Court].)

(4) Appellant served purported answers to the interrogatories on March 24, 1958, wherein it was set forth that such matters were “privileged.”