Tehachapi-Cummings County Water District v. Superior Court

CONLEY, P. J.

This is an attempt by the petitioner to secure a writ of mandate compelling the real parties in interest to make discovery by answers to an interrogatory asked by the petitioner in action No. 97210 of the Kern County Superior Court in which the petitioner herein is plaintiff and the real parties in interest are defendants.

In the petition for writ of mandate filed herein it is said that the action is “... a ground water litigation similar to that of

City of Pasadena

v.

City of Alhambra

(1949) 33 Cal. 2d 908 [207 P.2d 17], whereby plaintiff is attempting to obtain a solution for the problem of ground water overdraft in the Tehachapi area.” While the respondent and the real parties in interest deny that this case is similar to the action cited, it is quite evident that the latter part of the description is correct, and that the litigation involves the question of rights to the underground waters in the area within the Tehachapi-Cummings County Water District. There is no question raised as to the allegation of petitioner that the interrogatories involved were in proper form and correctly served.

Three interrogatories only are involved and are thus described in the petition:

“. . . Interrogatory number 3 is ‘State whether you contend that the ground waters in the underground within the exterior boundaries (‘said exterior boundaries’ hereinafter) described in Exhibit B-l of said complaint do not constitute a common source of supply to all persons pumping ground waters within those boundaries.’ Each of said real parties in interest answered yes to said interrogatory. Interrogatory number 4 is ‘ If the answer to interrogatory 3 is that you do so contend, state the legal description of any portion of the area or areas within said exterior boundaries which you contend constitutes a separate common source of supply to those pumping from each such areas so described.’ Each of said real parties in interest objected to said interrogatory and raised the defense that it called for the work product of each

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real party in interest’s attorney. However, said Superior Court in its Order on June 14, 1968 ordered each of said real parties in interest to answer said interrogatory number 4, and each of said real parties in interest have answered said interrogatory setting forth the information requested.