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EICHLER HOMES OF SAN MATEO, INC. v. SUPERIOR COURT

Docket No. S.F. 20691.

55 Cal.2d 845 (1961)

361 P.2d 914

13 Cal. Rptr. 194

EICHLER HOMES OF SAN MATEO, INC. (a Corporation), Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; L.C. SMITH COMPANY (a Corporation) et al., Real Parties in Interest.

Supreme Court of California. In Bank.

May 22, 1961.

Attorney(s) appearing for the Case

David Freidenrich and Leonard Ware for Petitioner.

No appearance for Respondent.

Mullin & Cost, Hugh Mullin, Wagstaffe, Daba & Hulse and Paul De Mare for Real Parties in Interest.

SCHAUER, J.

Petitioner seeks mandate to compel the superior court to grant petitioner's motion to amend a "Third Amended Complaint" in accord with a proposed "Second Amendment to Plaintiff's Third Amended Complaint." Respondent court, instead of permitting the amendment in the manner requested by petitioner, granted petitioner leave "to file new and separate cause of action, incorporating the matters involved in the requested amendment." We have concluded that petitioner...

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