Daum

Petitioner seek a writ of mandate to compel the respondent court to permit them to file a second amended complaint in an action on a contract.

On September 21, 1960, petitioners and the real parties in interest entered into a contract whereby petitioners were to act as the exclusive agent in the negotiation and procurement of long-term leases of commercial sites in Yuba Plaza Shopping Center, a new development under the ownership of the real parties in interest. Under the contract, payment for petitioners' performance was conditioned on the accrual of Yuba Plaza’s right to payment of the first rental payment under each of the leases and the procurement, whether by petitioners or not, of a construction loan and long-term loan to cover the on-site construction costs of the shopping center.

In July 1963 petitioners filed a complaint against Yuba Plaza et al., for the amount owing as a result of petitioners’ performance in negotiating certain long-term leases and obtaining a commitment for a long-term lease.

The superior court in January 1964 sustained defendants’ demurrer “without leave to amend until such time as the conditions precedent in the contract between the parties have…