Coy v. Superior Court

373 P.2d 457, 58 Cal. 2d 210, 23 Cal. Rptr. 393, 9 A.L.R. 3d 678, 1962 Cal. LEXIS 254
CourtCalifornia Supreme Court
DecidedJuly 19, 1962
DocketS. F. No. 20976
StatusPublished
Cited by94 cases

This text of 373 P.2d 457 (Coy v. Superior Court) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coy v. Superior Court, 373 P.2d 457, 58 Cal. 2d 210, 23 Cal. Rptr. 393, 9 A.L.R. 3d 678, 1962 Cal. LEXIS 254 (Cal. 1962).

Opinion

PETERS, J.

This is a proceeding to review by writ of mandate an order of the respondent court denying petitioner’s motion to amend his complaint and also denying his several motions to require answers to certain interrogatories.

Petitioner is the plaintiff, and the real parties in interest are three of several defendants, in a pending action for damages for abuse of process. The parties will be referred to as “plaintiff,” “defendants,” and “the court.”

Plaintiff alleged both special and general damages, and also sought punitive damages, with a total prayer of approximately $40,000. About five months before the date set for trial he sought to amend for the sole purpose of adding an allegation of damages for mental suffering in the gym of [215]*215$15,000. In addition, he served each of the defendants (prior to pretrial, but after the date for pretrial had been set) with a set of interrogatories. The interrogatories were extensive. Counting each subinterrogatory as a separate question, there were 63 addressed to Woleher, 30 addressed to Terry, and 32 addressed to Bebich. They may be summarized as: (a) those that dealt directly with the issues involved in the cause of action, (b) those that touched upon matters related to the cause of action, and (e) those that sought information as to the assets of the respective defendants. Woleher answered by stating that the replies to 8 interrogatories could be found in his previously taken deposition, that many were “irrelevant to the issues in this proceeding,” and that 1 “refers to a privileged communication between attorney and client. . . .” He made direct answers to only 4 interrogatories, leaving several to which he neither replied nor objected, nor did he explain this failure. Terry directly answered none of the questions, stating only that answers to the first 4 could be found in his deposition, and that the “balance of the questions asked [26] are irrelevant to the issues involved in this proceeding.” Bebich made definite reply to only 3 of the 32 interrogatories addressed to him, setting forth the objection that each of the remaining 29 were “Definitely immaterial, irrelevant, and outside the issues of this case.” No further or other showing was made by any of the defendants. None of them saw fit to furnish this court with any deposition, in whole or in part, which may have touched upon any of the subjects involved in the interrogatories.

On receipt of the replies, plaintiff served notices of motions for orders requiring further response. Those motions were heard with the motion for an order authorizing amendment of the complaint. The trial court denied all motions.

But little attention need be given to the order denying the motion to amend. Although mandamus may be used to compel a trial court to allow an amendment of a pleading in some cases (Souza & McCue Constr. Co. v. Superior Court, 57 Cal.2d 508 [20 Cal.Rptr. 634, 370 P.2d 338]) a motion to amend of the type here involved rests largely in the discretion of the trial court. (Code Civ. Proc., §473; Dos Pueblos Ranch & Imp. Co. v. Ellis, 8 Cal.2d 617 [67 P.2d 340]; Greenstone v. Claretian Theological Seminary, 173 Cal.App.2d 21, 35 [343 P.2d 161]; Vick v. Grasser, 169 Cal.App.2d 692 [328 P.2d 223].) The plaintiff has made no showing of an abuse of discretion. In such circumstances, mandamus will [216]*216not lie (State Farm etc. Ins. Co. v. Superior Court, 47 Cal.2d 428 [304 P.2d 13]).

In reference to the orders denying the motions for further answers to the interrogatories, if the making of those orders constituted an abuse of discretion, mandate can be a proper remedy (West Pico Furniture Co. v. Superior Court, 56 Cal.2d 407, 415 [15 Cal.Rptr. 119, 364 P.2d 295]). Contrariwise, unless the record shows such an abuse, mandamus will not lie (idem, at p. 415, quoting Ryan v. Superior Court, 186 Cal.App.2d 813, 816-817 [9 Cal.Rptr. 147]). In considering whether any abuse of discretion existed here, consideration must first be given to the objections raised by defendants in their replies.

As already pointed out Wolcher failed to reply or object to, or otherwise mention some of the 63 interrogatories addressed to him. Thus, as to these questions Wolcher failed to comply with the pertinent statute (Code Civ. Proc., § 2030). That section requires that the party addressed shall answer each interrogatory “separately and fully . . . within 15 days after the service of the interrogatories . . . or,” state an objection in lieu of response. Wolcher neither answered nor objected within 15 days (or at all), and it does not appear that he requested or obtained an extension of that time. The hearing of the motion to require further answer was well beyond the time limitation set forth in the code section. This statutory provision, as it existed prior to its amendment, was considered by this court in the West Pico case, supra. At that time the statute required the party on whom interrogatories had been served to answer, or to serve and file separate objections within 10 days, together with a notice of motion to have his objections heard and determined. In that case, the real party in interest had followed the code provision, but in his return to the alternative writ attempted to add certain new objections which had not been included with those served and filed within the 10-day period. It was there held that (p. 414): “There is no provision for the subsequent filing of objections. When Pacific filed its objections and noticed the same for hearing, and 10 days from the date of original service had elapsed, it could not, in the absence of a showing of good cause for relief from default, file further objections. It follows that the only grounds that existed at the time the trial court made its order, and on which it could then predicate the same, were the. grounds stated in Pacific’s objections as originally filed.” (Emphasis added.) Although [217]*217the code section has been amended to alter the procedure by which objections are reviewed and determined, there still exists the requirement that the objections must be stated within a specified time limit. Where, as here, no objections of any kind have been made, the quoted and emphasized language of the West Pico decision is applicable. As to the interrogatories not mentioned in Wolcher’s reply, there was no basis at all to justify the trial court’s order refusing to compel further responses.

The objection interposed as the reason for not answering the bulk of the interrogatories was stated (variously by the 3 separate defendants) as irrelevancy and immateriality to the issues of the ease. Such an objection cannot be used to deny discovery. In Greyhound Corp. v. Superior Court, 56 Cal.2d 355 [15 Cal.Rptr. 90, 364 P.2d 266], it was pointed out (p.

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Bluebook (online)
373 P.2d 457, 58 Cal. 2d 210, 23 Cal. Rptr. 393, 9 A.L.R. 3d 678, 1962 Cal. LEXIS 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coy-v-superior-court-cal-1962.