Waxman

This is a proceeding in mandate to require the Superior Court for Los Angeles County to grant petitioner’s motion for leave to file a first amended answer and certain counterclaims in the action entitled Dan Gershon v. Ben Waxman, et al., number 854894, now pending in that court.

In February 1965 plaintiff filed a complaint on a promissory note for $10,333.33 executed by the defendants Waxman and Willen. A month later defendants filed their answer, denying liability on the note and pleading, as an affirmative defense, that in September 1963 and in February 1964 they had given plaintiff certain notes secured by deeds of trust, each as evidence of defendants’ “obligation for a loan to be used to purchase a certain parcel of property”; that the note sued on was a part of the interest due on those two notes on April 15, 1964; that the indebtedness represented by the note sued on is “in effect and reality, a part of the initial obligations and indebtedness heretofore referred to under the promissory notes secured by the purchase-money deeds of trust,” and that plaintiff’s only remedy is by foreclosure.

On August 24, 1966, defendant Waxman, petitioner here, moved the trial court for…