I dissent. For the reasons stated in my dissenting opinion in McDonough Power Equipment Co. v. Superior Court (1972) ante, page 527 [105 Cal.Rptr. 330, 503 P.2d 1338], I would deny mandate.
Tobriner, J., and Mosk, J., concurred.
The petition of the real party in interest for a rehearing was denied January 24, 1973. Tobriner, J., and Mosk, J., were of the opinion that the petition should be granted.