State Board of Pharmacy v. Superior Court

[643]

Opinion

ELKINGTON, J.

We granted an alternative writ of mandate to review the legality of an order of the superior court denying petitioner’s motion to quash a “subpoena re deposition” served upon the state’s Attorney General.

The facts are uncontroverted.

In an action successfully maintained by them against California State Board of Pharmacy the superior court ordered that real parties in interest were entitled to reasonable attorneys’ fees, the amount of which would be determined later. Thereafter real parties in interest served upon the Attorney General a subpoena commanding him to appear at their attorneys’ office on October 25, 1977, “then and there to testify as a witness and give your deposition . . . .” The deposition was for use at the approaching attorneys’ fees hearing.

The Attorney General’s office had represented the State Board of Pharmacy in the principal action. At the hearing on the motion to quash, it appeared that the Attorney General “has no personal knowledge of any matters that are germane to this litigation, has not discussed the case with the client, defendant California State Board of Pharmacy, and has not discussed the case” with the deputy attorney general assigned to handle it.

The argument of real parties in interest in the superior court may reasonably be condensed to the following: (1) a committee appointed by the Attorney General had urged substantially the same reforms as had been vindicated in the principal action; (2) the Attorney General was required by law to fix the salaries of his deputies and the charges to other state agencies for legal services rendered by his office; (3) he had “a unique ability to evaluate the experience and reputation of [real parties in interest’s] attorneys in the legal community”; and (4) as “legal officer with responsibilities for the legal affairs of some thirty-four California State licensing and regulatory boards . . . [he] has special knowledge of the nature of the difficulty of determining proper delegation of authority . . ., the breadth of discretion and its exercise or abuse,” together with the “unique” ability “to assess the impact of the case on other State agencies and the difficulties of the issues involved.” No evidentiary showing or argument was, or reasonably could be, made that real parties in interest