Shell Oil Co. v. Superior Court
Decision Date | 06 August 1975 |
Citation | 123 Cal.Rptr. 307,50 Cal.App.3d 489 |
Court | California Court of Appeals Court of Appeals |
Parties | SHELL OIL COMPANY and Donald T. Gallagher, Petitioners, v. SUPERIOR COURT of the State of California FOR the COUNTY OF LOS ANGELES, Respondent; William KOUBRATOFF, Real Party in Interest. Civ. 46684. |
McCutchen, Black, Verleger & Shea, Franklin H. Wilson, Peter W. James, and W. Alexander Davis, II, Los Angeles, for petitioners.
David Laufer, Northridge, for real party in interest.
No appearance for respondent.
Pursuant to Code of Civil Procedure section 1987, subdivision (c), real party in interest, on June 10, 1975, served by mail upon petitioners a request to produce persons, books, documents, and 'other things' at a trial set for July 10, 1975. On June 20, 1975, petitioners served and filed objections to the request to produce. Real party in interest moved to strike petitioners' objections, contending that they were not filed within the time provided by section 1987. On July 7, 1975, respondent superior court ruled that petitioners' objections were not timely and ordered compliance with the request to produce. We issued our alternative writ to review the ruling for the reasons stated in California Accounts, Inc. v. Superior Court (Rosen, Real Party in Interest), Cal.App., 123 Cal.Rptr. 304 filed concurrently with this opinion.
Code of Civil Procedure section 1987, subdivision (a), states the manner of service of a subpena. Subdivision (b) of section 1987 provides for a notice to appear as a substitute for a subpena in the case of parties of record to a civil action and similarly situated persons. Subdivision (c) of section 1987 states in part:
Code of Civil Procedure section 1013 provides that where 'notice or other paper' is served by mail, service is complete when the document is posted but 'if, within a given number of days after such service, a right may be exercised, or an act is to be done by the adverse party, the time within which...
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