Beesley v. Superior Court

PETERS, J. The respondent court denied petitioner’s motion for inspection of written statements obtained by the real party in interest from two independent witnesses. Peti[207]tioner seeks mandate to compel such inspection. The sole question presented is whether, under the record, the facts presented by petitioner to the trial court (the real party in interest having presented none) constituted, as a matter of law, a showing of good cause. In other words, did the trial court, under the facts, abuse its discretion in denying discovery ? Of course, if petitioner failed to show good cause, or if there is any reasonable doubt on that question, the respondent court had the power, in its discretion, to deny the motion (Greyhound Corp. v. Superior Court, 56 Cal.2d 355, 380 [15 Cal.Rptr. 90, 364 P.2d 266]).

The facts shown by the record are relatively simple. Petitioner, a minor, 4 years old on the date of her accident (and now proceeding through her guardian ad litem) is the plaintiff, and Jack Talashek (the real party in interest) is the defendant in an action for damages for personal injuries alleged to have been sustained when the minor was struck by defendant’s automobile. Shortly after the accident, an adjuster representing defendant’s insurance carrier, obtained written statements from two eyewitnesses to the accident. Subsequently, plaintiff’s attorney interviewed the same witnesses. Each of them gave him an oral statement of the events of the accident as then recalled by her, and each advised him of the fact of her previous written statement given to defendant’s adjuster. Each stated that she had given the adjuster an oral statement which the latter reduced to writing, and which the witness had then signed. Neither had been given a copy of such statement, and each denied, according to petitioner’s attorney, recollection of what was contained in their respective statements.1

In support of her motion for inspection of the witnesses’ prior written statements, plaintiff relied on the provisions of section 2031 of the Code of Civil Procedure (providing for inspection of documents and other things in the possession or control of the adversary), and upon three declarations filed with the motion. Those declarations (by plaintiff’s attorney and each of the independent witnesses) set forth substantially the facts above set forth. In her points and authorities, also [208]