Martin

Plaintiff appeals from a judgment following the sustaining of a demurrer without leave to amend, and from an order denying his application for temporary injunction.

*367 The complaint, filed July 20, 1964, alleged that the defendant here, Noble, was plaintiff in action No. 121476 (the principal action) filed in the same court, seeking to recover damages from Martin, plaintiff in the present action, for injuries allegedly suffered on March 18, 1963; that the nature and extent of the injuries and damages, if any, of Noble, was a substantial issue in the principal action, whose trial was set for August 31, 1964; that Noble, prior to that date, intended to have surgery performed on her neck and to have vertebrae fused; that said surgery would be expensive, painful, and result in some permanent disability; that Noble contended that such surgery was necessarily required because of the accident which gave rise to cause No. 121476; that such surgery was wholly unnecessary; that a delay of the proposed surgery until after the trial of the principal action would in no way prejudice Noble’s physical condition; that should the proposed surgery be carried out prior to said trial and should…