Judge: Cherol J. Nellon, Case: 23STCV06723, Date: 2024-02-08 Tentative Ruling

Case Number: 23STCV06723    Hearing Date: February 8, 2024    Dept: 14

Rudski v. IB Construction

Case Background

Plaintiffs allege they hired Defendants to renovate a house in Silver Lake, but that Defendants did a poor job, requiring Plaintiffs to hire a second contractor.

On March 28, 2023, Plaintiffs filed their Complaint for (1) Breach of Written Contract, (2) Breach of Implied Warranty, and (3) Breach of Oral Contract against Defendants IB Construction (“IBC”), David Balmas (“David”), Ishak Balmas (“Ishak”), Asaf Balmas (“Asaf”), and DOES 1-25.

On June 16, 2023, Defendants David, Ishak, and Asaf filed their respective Answers.

On August 7, 2023, the default of Defendant IBC was entered.

            No trial date has yet been set.

Instant Motion

            Defendants David and Ishak now move this court for an order permitting them to file a Cross-Complaint.

Decision

            The motion is GRANTED. Defendants are to file their Cross-Complaint by February 15, 2024.

            The motion is unopposed. The lack of an opposition operates as a concession that the motion has merit. See California Rules of Court Rule 3.1113(a); see also Rule 3.1320(f); Herzberg v. County of Plumas (2005) 133 Cal.App.4^th 1, 20.