Orcutt v. Super. Ct. CA4/2 ( 2014 )

Filed 12/2/14 Orcutt v. Super. Ct. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
DANA LEE ORCUTT,
Petitioner, E061844
v. (Super.Ct.No. RIC1309053)
THE SUPERIOR COURT OF OPINION
RIVERSIDE COUNTY,
Respondent;
ALEXANDER PINTO,
Real Party in Interest.
ORIGINAL PROCEEDINGS; petition for writ of mandate/prohibition. Sunshine
S. Sykes, Judge. Petition granted in part and denied in part.
Lewis Brisbois Bisgaard & Smith, John S. Lowenthal, Mathew L. Walker;
Greines, Martin, Stein & Richland, Robert A. Olson, Cynthia E. Tobisman, and David E.
Hackett, for Petitioner.
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No appearance for Respondent.
No appearance for Real Party in Interest.
In this matter we have reviewed the petition and solicited a response from real
party in interest. No response having been received, and based on our own analysis, the
petition for writ of mandate is granted in part. Further, due to the lack of response, we
deem this case appropriate for the issuance of a peremptory writ in the first instance.
(Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 178.)
We agree with petitioner that interrogatory 20.8, which asks her to “State how the
INCIDENT occurred” touches upon her Fifth Amendment rights and she was entitled to
an order that the interrogatory not be answered. Accordingly, the petition is granted in
this respect.
DISPOSITION
Let a peremptory writ of mandate issue, directing the Superior Court of Riverside
County to vacate its order directing petitioner to answer interrogatory 20.8 and denying
real party in interest’s motion to compel as to that interrogatory only. In all other
respects the petition is denied.
Petitioner is directed to prepare and have the peremptory writ of mandate issued,
copies served, and the original filed with the clerk of this court, together with proof of
service on all parties. In the interest of justice, petitioner shall bear her own costs.
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The previously ordered stay of the discovery order is lifted.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
J.
We concur:
McKINSTER
Acting P. J.
CODRINGTON
J.
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