Trindade

Two automobiles collided December 21, 1969, causing injuries to their respective drivers Fernando Trindade, here the petitioner, and Bruce Jacolick, here the real party in interest. Jacolick timely commenced a damage action for personal injuries alleged to have been proximately caused by Trindade’s negligence. Thereafter, and on or about April 28, 1972, upon leave of court following a contested motion therefor, Trindade filed an additional pleading captioned “Cross-Complaint,” seeking damages against Jacolick for personal injuries alleged to have been proximately caused by the latter’s negligence in the accident.

It will be seen that the cross-complaint was filed more than two years after the cause of action on which it was based arose. The statute of limitations on an action for injuries “caused by the wrongful act or neglect of another’’ is one year. (Code Civ. Proc., § 340, subd. 3.)

Jacolick’s general demurrer to the cross-complaint was sustained by the superior court without leave to amend, on the ground that the cause of action therein stated was barred by the one-year statute of limitations.

We issued our alternative writ of mandate for the purpose of inquiring…