Is There a Right to Take a Deposition at Any Time ?
In Hays v. Superior Court, supra, 16 Cal. 2d 260 a statute granted a litigant the right to take a deposition at any time.
Based on the facts presented to it, the trial court temporarily denied the plaintiff's right to take the deposition of the defendant.
The Supreme court sustained the trial court, finding that, although the statute in question conferred the right to take the deposition, the right was not absolute but, rather, was "qualified by the existence of the power of the court to exercise a reasonable control over the exercise of such right." (Id. at p. 264.)