Cohen

Petitioners seek a writ of mandate direct-Petitioners ing the court below to allow an amendment to a complaint for wrongful death.

Petitioners, as the alleged sole heirs of Joshua Cohen, filed a complaint for wrongful death on February 10, 1964 against the Southern Pacific Company, a corporation, Southern Pacific General Hospital, Northwestern Pacific Railroad Company and fifty Does. On March 31, 1964 Southern Pacific filed an answer to the complaint. Thereafter, on April 21, 1964, a demurrer and motion to strike were interposed by Northwestern. When the demurrer and motion to strike came on for hearing on May 7, 1964 the trial court permitted petitioners to file an amendment to the complaint and then overruled the demurrer with 10 days leave granted to Northwestern to answer. On May 15, 1964 Northwestern demurred to the complaint and the amendment thereto, and moved to strike the amendment on the ground that it was untimely under Code of Civil Procedure section 472. On June 4, 1964, pursuant to an order entered in the minutes, the trial court granted the motion to strike and sustained the demurrer with 30 days leave to amend the complaint. On June 8, 1964 a formal order was…