Pelton Motors, Inc. v. Superior Court In and For Los Angeles County

• Decision Date: 06 October 1953
• Citation: 120 Cal.App.2d 565,261 P.2d 275
• Court: California Court of Appeals Court of Appeals
• Parties: PELTON MOTORS, Inc. v. SUPERIOR COURT IN AND FOR LOS ANGELES COUNTY et al. Civ. 19848.

Page 275

261 P.2d 275

120 Cal.App.2d 565

PELTON MOTORS, Inc. v. SUPERIOR COURT IN AND FOR LOS ANGELES COUNTY et al.

Civ. 19848.

District Court of Appeal, Second District, Division 1, California.

Oct. 6, 1953.

Glenn S. Roberts, Los Angeles, for petitioner.

Harold W. Kennedy, County Counsel, Los Angeles, and Wm. E. Lamoreaux, Deputy County Counsel, Los Angeles, for respondents.

ROBERT H. SCOTT, Justice pro tem.

Petitioner seeks a writ of mandate requiring respondent court to quash a subpoena duces tecum issued by it in case 611606 entitled Gene Tyler, plaintiff v. Pelton Motors, Inc., et al., defendants. The real party in interest in this proceeding is Gene Tyler, the said plaintiff. He has not filed any opposition to the endeavor of petitioner to have the subpoena duces tecum quashed.

Plaintiff in that case, Gene Tyler, has brought an action against defendant, Pelton Motors, Inc., setting out in his second amended complaint two common counts for alleged salesman's commissions earned and unpaid, the first count being for money had and received and the second count being on an open book account. These claims in the complaint were denied and an affirmative defense set up by defendant in its answers.

Attorney for plaintiff Tyler filed an affidavit asking for the issuance of a subpoena duces tecum and setting out that he desired to inspect: 'Pelton Motors, Inc. sales journal and sales ledger covering the period 1946 and 1953, inclusive, ledger containing accounts between Pelton Motors, Inc. and Gene Tyler, covering the period 1946 and 1953, inclusive, and all contracts between Pelton Motors, Inc., and its Sales Department employees which were entered into between 1946 and 1953, inclusive'. (Emphasis added.)

His reason for the request is stated to be:

'That said books, records and documents are material to the issues of fact in this case in that they will show or tend to show the basis on which the amounts, due to plaintiff for work, labor and services for the defendants, were computed; the reasonable value of said work, labor and services; the specific date on which the obligation sued upon herein was entered into; the dates of performance of the said work, labor and services; the transactions by virtue of which defendants became indebted to plaintiff; the fact that no part of the amount claimed by plaintiff has been paid and the validity and significance of the agreements and contracts referred to in the First Affirmative Defense contained in Defendant's Answer to Second Amended Complaint.'

The first affirmative defense recited plaintiff's original employment agreement and set out that there had been an accord and satisfaction agreement entered into on March 28, 1949, and that there had been a new employment agreement starting April 1, 1949, and ending when plaintiff terminated his employment, and was paid in full by defendant.

The subpoena duces tecum was issued directing William A. Wegge Jr., president of Pelton Motors, Inc., to appear and testify as a witness and to bring with him the corporation's sales journal and sales ledger 1946 to 1953, inclusive, containing accounts between the plaintiff and the corporation 'and all contracts between Pelton Motors, Inc., and its Sales Department employees' 1946 to 1953, inclusive.

Motion to quash said subpoena duces tecum was denied by respondent court.

In its verified petition seeking a writ of mandate addressed to this court Pelton Motors, Inc., sets out the following:

'XI

'That petitioner is now, and for the past 32 years has been engaged in business in Los Angeles County as a retail dealer and distributor of passenger automobile and trucks. That during the period of 1946 and 1953, which period plaintiff seeks to inspect all sales ledgers, sales journals and all contracts with sales employees, the petitioner engaged in business as a wholesale and retail distributor of passenger cars, trucks, parts and accessories and covering a large area of Los Angeles County and supplying passenger cars and trucks to numerous retail dealerships. Also petitioner operated as a wholesale distributor of automobile parts, selling to dealers, garages, and the trade generally in Southern California. That during said period petitioner operated a separate branch dealership for the sale and service of commercial vehicles and parts in the commercial area of Los Angeles on Seventh Street, and a separate retail branch dealership in the Hollywood area, conducted as a separate dealership, together with the main store on Figueroa Street, Los Angeles, where new passenger cars, trucks, parts and service operation store conducted as separate departments. The used car operations is operated as a separate establishment and at a separate location; and a separate establishment at a separate location handles paint, body and upholstering activities; that the various departments have separate sales organizations and each such selling organization is, generally speaking under the supervision of a separate executive employee. That during the period from 1946 to 1953, covered by said Subpoena Duces Tecum, petitioner has employed more than 300 employees at one time and has produced gross sales in excess of seventeen million dollars for one year. That the records of such sales which petitioner has...