What is the test for requiring a defendant to answer questions in a civil action?

California, United States of America


The following excerpt is from Pember v. Superior Court of Kern County, 427 P.2d 167, 58 Cal.Rptr. 567, 66 Cal.2d 601 (Cal. 1967):

'Singer v. Superior Court, 54 Cal.2d 318, 5 Cal.Rptr. 697, 353 P.2d 305 makes it clear that the questions call for answers disclosing facts and not opinions.

'The trial court's refusal to require defendant to answer the questions was an abuse of discretion; there was no sound ground to justify the denial of the request made by plaintiff.' (Pember v. Superior Court, 240 Cal.App.2d 888, 889--890(2, 1b), 50 Cal.Rptr. 24, 25.)

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