Deukmejian v. Superior Court

Opinion

WHITE, P. J.

This petition, filed by the Governor of the State of California, challenges a trial court ruling requiring him to testify in a lawsuit concerning conditions at San Quentin State Prison. The Governor is a defendant in that action and has been given notice to appear to testify at a trial now in progress.

1

His motion to quash the notice to appear was denied by the trial court. We conclude that the trial court erred in failing to quash the notice to appear because plaintiffs in the lawsuit (real parties in interest here) made an insufficient showing of need for the Governor’s testimony. We grant a peremptory writ of mandate directing the trial court to quash the notice to appear.

We start our review by noting that real parties in interest and the trial court accepted the principle stated in

State Board of Pharmacy

v.

Superior Court

(1978) 78 Cal.App.3d 641, 644-645 [144 Cal.Rptr. 320], that a busy public official should not be required to give evidence in his or her official capacity in the absence of “compelling reasons.” Real parties in interest presented what they considered “compelling reasons,” and the trial court concluded that the Governor’s testimony was “essential.” The dispute here is over the adequacy of the reasons given.

[634]

We are at a slight disadvantage in reviewing the trial court order because the parties have not folly described the underlying lawsuit. However, petitioner has supplied us with real parties’ opposition to the motion for a protective order or to quash the notice to appear and with a transcript of the trial court hearing on the motion. Scrutiny of those documents reveals the court’s mistaken view of the role of the Governor in this lawsuit.

The lawsuit apparently seeks in some way to alleviate overcrowding and other harmful conditions at San Quentin State Prison. The defendants are Governor Deukmejian and several corrections officials. According to real parties, the evidence already presented at trial has shown that the prison policies endorsed by the Governor’s administration have had a direct effect upon San Quentin conditions and that the Governor’s failure to support “early release” legislation to alleviate overcrowding contributed to the measure’s failure to obtain committee approval in the Legislature.