ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; MARY JO BORAK et al., Real Parties in Interest. STATE FARM FIRE AND CASUALTY COMPANY, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; MARY JO BORAK et al., Real Parties in Interest, 156 Cal. App. 3d 82

Summary

Petitioner insurers challenged a ruling of respondent superior court in a suit by real parties in interest homeowners against petitioners for failure to pay claims. The ruling was upon the ex parte request for protective order filed by real parties in interest and, inter alia, terminated the deposition of one real party in interest under Cal. Civ. Proc. Code § 2019(d). Real party in interest had been deposed for some days. After a session the parties had agreed to reconvene. Counsel for real parties in interest then told defense counsel that he was seeking a protective order to conclude or suspend the deposition. The clerk issued the protective order terminating the deposition without allowing petitioners to be heard on their opposition to the order. Having stayed the effect of the order, the court issued a writ of mandate annulling the order in its entirety, as it was entered without proper notice and opportunity to be heard to petitioners as required under due process of law. The ...