Christy v. Superior Court of Kern Cty.

CONLEY, P. J.

This proceeding in mandamus seeks to secure an inspection, and copies, of statements made by the

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mother and father of Ronald Lee Christy, a minor of the age of three years, who is plaintiff in an action against Mazzie Farms, Inc. and others (Kern County Superior Court No. 98709) ; these statements are alleged to have been made by Mr. and Mrs. Christy to an insurance investigator, who said that he was acting for the farm owners. In a tenant house occupied by the Christy family, there had been a severe explosion, allegedly damaging the child to the extent of $150,000.

In the declaration of John L. Christy supporting the discovery motion, it was said: ‘‘ That on said day an explosion of butane gas occurred in said house, severely injuring plaintiff. That declarant was in the house at the time of the explosion, as was his wife, Donna Christy. That shortly after said explosion the written statement of declarant and of his wife concerning the knowledge of declarant and of his wife of the explosion and surrounding circumstances was taken by an insurance adjuster working for defendant Mazzie Farms, Inc. That said declarant was deeply concerned at that time as to the ultimate outcome of said child’s injuries and mentally upset; that declarant cannot remember the contents of said declaration, needs to refresh his memory as to what was stated therein, and will be a witness for his son at the trial of this case as to the facts and circumstances of said accident.

That no copy of said statement was given to declarant then or at any time; that said person taking the said statement said he was acting for the farm owners, and he kept said statement and took it with him. . . .

‘‘That said statement is in the possession of Mazzie Farms, Inc., a corporation, or under its direction or control.”

Mrs. Christy made a similar declaration, saying: “. . . that said declarant does not have a copy of her statement and never has had one and does not know of the contents thereof and has forgotten what was in it, and needs to refresh her memory by rereading what was in said statement so that she can testify in this case. ’ ’

In a formal order, the trial court recites that the motion “. . . to inspect and make copies of certain statements made by John L. Christy and Donna Christy came on regularly for hearing. . . ,” and was denied, giving no reason for the ruling. However, in a minute order, in addition to the formal order, the court said: “Motion for Inspection denied. The Statements are not of parties but merely witnesses. Although subject to inspection, are so subject only on showing of good cause. COP 2036. I cannot find good cause in the showing