San Francisco Unified School District v. Superior Court

Opinion

ROUSE, J. Walter Speed, the real party in interest (Speed), is a permanent, certificated employee of the San Francisco Unified School District (District). He is currently the subject of dismissal proceedings initiated by District. As a part of those proceedings, District petitioned the trial court for an order to compel Speed to submit to a deposition and to produce certain documents. The trial court denied District’s petition and District now asks this court to direct the trial court to set aside its order. We accede to that request.

The case has been fully briefed by District and Speed, and since the issues to be decided are purely matters of law, we have determined that an order to show cause would add nothing to the full presentation al[234]ready made. Thus we decide the matter peremptorily. (McComb v. Superior Court (1977) 68 Cal.App.3d 89, 93 [137 Cal.Rptr. 233].)

The matter arose when District’s superintendent, Robert Alioto, filed, with its governing board, written charges and notice of intention to dismiss Speed (Ed. Code, § 44934),1 alleging, as grounds for dismissal, immoral conduct (§ 44932, subd. (a)); evident unfitness for service (§ 44932, subd. (e)), and conviction of a felony and a crime involving moral turpitude (§ 44932, subd. (h)). Upon the filing of the charges, the governing board gave notice to Speed of his immediate suspension (§ 44939). At the latter’s demand, a hearing on the matter has been set before the Commission on Professional Competence. (Ed. Code, §§ 44943, 44944.)

Pursuant to section 44944 District sought to exercise its right of discovery by serving Speed with a notice of taking deposition and to produce documents. Speed refused to attend the deposition, basing his refusal upon a “claim of privilege.” In accordance with the provisions of section 44944, District then petitioned the superior court for an order compelling Speed to attend the deposition and to produce the requested documents.

Ordinarily, we do not entertain reviews of orders of trial courts in discovery proceedings. However, we have concluded that, in this instance, petitioner has shown a clear abuse of discretion by the trial court in the denial of its petition; further, the matter presents a question of first impression that is of general importance to the trial courts and the profession where general guidelines can be laid down for future cases. (Roberts v. Superior Court (1973) 9 Cal.3d 330, 336 [107 Cal.Rptr. 309, 508 P.2d 309].)