Shelton

Petitioners, husband and wife, who originally filed their joint complaint in respondent court seeking individually general and special damages proximately resulting from injuries suffered as a result of an automobile accident on March 6, 1973, now seek a peremptory writ of mandate ordering the trial court, which has denied their motion to that end, to permit them to amend their complaint to include, with respect to each, an amendment to claim damages for loss of consortium. (See Rodriguez v. Bethlehem Steel Corp. (1974) 12 Cal.3d 382, 408 [ 115 Cal.Rptr. 765 , 525 P.2d 669 ].) They claim that each spouse, having made timely claim and having joined with the other in the complaint for personal injuries arising out of the same automobile accident, should be permitted to amend, although the one-year period of limitation from the time of the accident expired before the right to damages of such nature was even recognized in this state, before claim for such damages was filed with the public entities involved, and before it was the subject of any pleading before the court. We issued an alternative writ of mandate to review the question involved because it appeared that there was…