Judge: Colin Leis, Case: 24STCV24760, Date: 2025-05-30 Tentative Ruling

Case Number: 24STCV24760    Hearing Date: May 30, 2025    Dept: 74

Cubillo v. M. Preciado Pool Plastering, Inc.

Defendant M. Preciado Pool Plastering, Inc.’s Motion to Strike Gloria Moreno’s Cross-Complaint

BACKGROUND 

This motion arises from a wrongful termination cause of action.

Plaintiff Hugo Cubillo filed a complaint against his employer M. Preciado Pool Plastering, Inc. (Defendant). 

On November 06, 2024, Defendant filed a cross-complaint against Hugo Cubillo and Gloria Moreno primarily alleging intentional misrepresentation and conversion. 

On February 18, 2025, Gloria Moreno (Moreno) filed a cross-complaint against Defendant alleging wrongful termination.

 Defendant moves to strike Moreno’s cross-complaint.  Defendant filed a notice of non-opposition on May 19, 2025.

LEGAL STANDARD

            The Court may strike any irrelevant, false or improper matter in a pleading, or all or any part of a pleading not drawn or filed in conformity with the laws of the state, court rule or order of the Court.  (Code Civ. Proc. § 436.)  A pleading is a demurrer, answer, complaint or cross-complaint.  (Code Civ. Proc. § 435(a)(2).) 

            A cross-complaint may be filed at the same time, or any time before, a defendant answers the Complaint (or cross-complaint).  (Code Civ. Proc., § 428.50, subd. (a).)  A defendant may obtain leave of court to file a cross-complaint after the initial time specified.  (Code Civ. Proc., § 428.50, subd. (c).) 

DISCUSSION

             Defendant moves to strike Moreno’s cross-complaint on the grounds that Moreno failed to seek leave to file the cross-complaint after her answer was filed.  Moreno filed her answer on December 30, 2024.  Moreno then filed her Cross-Complaint on February 18, 2025, but at that point Moreno was obligated to seek leave of court to file the Cross-Complaint. Additionally, Defendant states it has not been served with the Cross-Complaint. Defendant states it learned about the Cross-Complaint only upon discovering it on the Court’s docket on April 20, 2025.  (Govea Decl., ¶ 3.)  The Court grants Defendant’s Motion to Strike.

            Defendant requests that the Court award reasonable attorney’s fees and costs incurred in bringing the motion.  Defendant does not cite authority for recovering attorney’s fees for striking the motion.  Additionally, Defendant does not include a declaration stating what attorney’s fees and costs should be awarded by the Court.  Thus, the Court declines to award attorney’s fees and costs.

CONCLUSION

            The Court grants Defendant’s Motion to Strike Moreno’s Cross-Complaint.

            Defendant to give notice.