Robinson

This is an appeal by defendants Estrin and Garbns from an order made by the lower court vacating its previous order dismissing the action and also from the order granting plaintiff permission to file an amended complaint. The appeal on the ground last mentioned has been dismissed ( 98 Cal. App. 365 [ 276 Pac. 1036 ]).

Plaintiff filed her complaint in the court below claiming damages for alleged personal injuries against the Southland Produce Company and the Liberty Produce Company, corporations. An answer was filed by Liberty Produce Company, “a partnership”, and “Nick Estrin and Phillip Garbus, doing business under the firm name and style of Liberty Produce Company”, in which among other denials was one denying the alleged corporate existence of the Liberty Produce Company. At the trial plaintiff dismissed as to the Southland Produce Company, and, calling the court’s attention to the answer of defendants, asked leave to amend by striking out the word “corporation” and inserting instead the word “partnership”. This was objected to by counsel for the answering defendants, and after some argument and introduction of evidence on the question of ownership of the truck alleged to have…