Rosen

In an action entitled Lippert Inc. v. Al Rosen, number WEC 5920, pending in the respondent court, the court denied the motion of defendant Rosen for an order imposing sanctions pursuant to Code of Civil Procedure, section 2019, subdivision (g). Rosen has petitioned this court for a writ of mandate commanding the respondent court to desist from the trial of that action until further order of this court and commanding the respondent court to impose sanctions against plaintiff according to law. We issued an alternative writ on petitioner’s showing of probable abuse of discretion by the respondent court. (West Pico Furniture Co. v. Superior Court, 56 Cal.2d 407, 415 [ 15 Cal.Rptr. 119 , 364 P.2d 295 ].)

The Facts

In October 1964 the plaintiff, real party in interest here, filed its complaint for damages based on alleged fraud and breach of contract by defendant Rosen, petitioner here. The gist of the complaint is that in May 1964 petitioner, herein referred to as Rosen, executed an “Assignment oe All Rights” to the real party in interest, herein referred to as Lippert, whereby he sold and transferred to Lippert a certain original story and screenplay entitled “Troubled Waters,” for…