Fishman v. Fishman

Volkswagenwerk Aktiengesellschaft, a German Corporation (VWAG), properly joined as a defendant in a California action for bodily injuries and loss of consortium, petitions for mandate or prohibition to vacate discovery orders issued by respondent court which would require VWAG to permit inspection of its plant and documentary records, and to give other discovery, in Wolfsburg, West Germany. The dispositive question is whether the orders should be vacated to avoid a violation of West German judicial sovereignty. This unusual and difficult issue may properly be raised by writ petition. (Cf. Board of Dental Examiners v. Superior Court (1976) 55 Cal. App. 3d 811, 815 [127 Cal. Rptr. 865]; Board of Administration v. Superior Court (1975) 50 Cal. App. 3d 314, 324 [123 Cal. Rptr. 530]; Volkswagenwerk Aktiengesellschaft v. Superior Court (1973) 33 Cal. App. 3d 503, 508 [109 Cal. Rptr. 219]; OBrien v. Superior Court (1965) 233 Cal. App. 2d 388, 391-392 [43 Cal. Rptr. 815]; cf. also Witkin, Cal. Evidence (2d ed. 1966) §§ 1050-1051, pp. 958-961; Annot. (1964) 95 A.L.R.2d 1229, 1232-1241, as supplemented.) We conclude that in the circumstances of this action the orders should be vacated.