California, United States of America
The following excerpt is from Brown v. Superior Court, 180 Cal.App.3d 701, 226 Cal.Rptr. 10 (Cal. App. 1986):
The only California case touching upon this issue is Zonver v. Superior Court (1969) 270 Cal.App.2d 613, 76 Cal.Rptr. 10. Zonver is a divorce case in which the husband objected on Fifth Amendment grounds to some of the wife's interrogatories regarding his sexual liaison with his bookkeeper. Wife countered that the husband had waived the privilege by filing his objections a few days late. However, unlike the case at bench, husband's [180 Cal.App.3d 709] counsel had filed a declaration which could serve as the basis for granting relief from default. Zonver concluded that by considering the merits of husband's self-incrimination claim, the trial court had impliedly excused the default. In a footnote, Justice Kaus' opinion stated: "We assume without deciding that the time limits of section 2030 subdivision (a) of the Code of Civil Procedure are applicable even if objections are based on constitutional grounds." (Id., at p. 623, fn. 6, 76 Cal.Rptr. 10) That is the question here.
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