Huelter v. Superior Court

KANE, J.

I dissent. This case presents yet another example of the fallout from bad law. In my opinion In re Lifschutz (1970) 2 Cal.3d 415 [85 Cal.Rptr. 829, 467 P.2d 557, 44 A.L.R.3d 1], Roberts v. Superior Court (1973) 9 Cal.3d 330 [107 Cal.Rptr. 309, 508 P.2d 309], and Britt v. Superior Court (1978) 20 Cal.3d 844 [143 Cal.Rptr. 695, 574 P.2d 766] are, separately and collectively, inimical to the fair administration of justice. Those decisions provide judicial suppression of legitimate truth-searching efforts by an adversary litigant. Each of those cases is contrary to the clearly declared statutory policy of liberal discovery in California and inconsistent with the court’s own original expression in Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355 [15 Cal.Rptr. 90, 364 P.2d 266] (see Hallendorf v. Superior Court (1978) 85 Cal.App.3d 553, 557 et seq. [149 Cal.Rptr. 564], dis. opn.). I would deny the petition.

The petition of the real party in interest for a hearing by the Supreme Court was denied February 14, 1979.