Dunzweiler v. Superior Court

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 action was filed against petitioner and his wife seeking damages for personal injuries resulting from an automobile accident. The complaint alleged that…