Barba

Mandate to compel the respondent court to set aside its judgment dismissing petitioners’ complaint and to grant permission to amend the complaint and pretrial order.

Petitioners are plaintiffs in an action numbered 806878 filed on October 26, 1962, in the respondent court entitled “Marcos Barba and Bonifacio Romero Plaintiffs vs Arrow Chevrolet Co. and Caryl N. Lehman Defendants.”

Although the defendant Arrow Chevrolet, Inc., a corporation, was not properly named in the complaint, it filed its answer under its true name and will, therefore, be referred to herein under its true corporate name.

The action is for damages for personal injuries alleged to have been sustained as the result of an automobile accident which occurred on October 29, 1961, on a public highway in the County of Los Angeles. It appears from the pleadings that at the time of the accident, plaintiff Marcos Barba was operating a 1958 Chevrolet automobile in which plaintiff Bonifacio Romero was riding as a passenger, and that the Barba vehicle came in contact with the automobile owned by the defendant Arrow Chevrolet, Inc., which was then being operated by the defendant Caryl N. Lehman.

The first cause of action…