Sarkisian

There was pending in respondent court a certain action in which Jack Sarkisian, incorrectly named as a respondent in this proceeding, was plaintiff and S. A. Sarkisian, petitioner herein, was defendant. This action, during its progress in respondent court, suffered various vicissitudes, the character of all of which it is not necessary here to delineate. Suffice it to say that such proceedings were had that on October 25, 1932, the action came on for trial on a third amended complaint and the answer thereto. Objection was made to the admissibility of evidence in the cause on the ground that the third amended complaint did not state a cause of action. The objection was sustained, a mistrial was declared and the cause was ordered off calendar. Thereafter plaintiff filed notice of motion, supported by affidavits, for leave to file a fourth amended complaint, tendering with his motion a copy of the proposed pleading. This motion came on for hearing on November 10, 1932, and such proceedings were had that on that date respondent court refused leave to file the new pleading for the reason that it stated no cause of action, and at the same time granted a motion made by defendant,…