DUNZWEILER v. SUPERIOR COURT

Docket No. 25858.

267 Cal.App.2d 569 (1968)

73 Cal. Rptr. 331

WALTER RUDOLPH DUNZWEILER, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; JOHNNIE A. HOUFF et al., Real Parties in Interest.

Court of Appeals of California, First District, Division One.

November 22, 1968.


Attorney(s) appearing for the Case

Low & Ball and David B. Lynch for Petitioner.

No appearance for Respondent.

William D. Corbett for Real Parties in Interest.


MOLINARI, P.J.

The question presented on this appeal is whether the respondent superior court abused its discretion by denying petitioner leave to file a cross-complaint in an action for damages for personal injuries and property damage. We have concluded that the court did abuse its discretion under the circumstances hereinafter set forth, and that a peremptory writ of mandate should issue to compel the filing of the proposed pleading.

On April 14, 1967 an...

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