Judge: Craig Griffin, Case: "JP23 Hospitality Company, Inc. v. Velasquez", Date: 2022-12-05 Tentative Ruling

Defendant Samantha Velasquez’s (“Velasquez”) unopposed Motion for Leave to Amend Answer and File a Cross-Complaint is GRANTED.

Regarding the request for leave to amend the answer, Velasquez has complied with the procedural requirements of Cal. Rules Ct., rule 3.1324 and has shown that the amendments would be in furtherance of justice.  (Declaration of M. Lance Kennix ¶ 1-3; Declaration of Samantha Velasquez ¶ 1-2; see also, CCP § 473(a)(1); Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.)

Regarding the request for leave to file a cross-complaint, the moving papers sufficiently establish that it would be in the “interest of justice” to grant leave to file the cross-complaint because it would resolve all related issues in the same case and would not affect the substantial rights of the parties.  (See City of Hanford v. Superior Court (1989) 208 Cal. App. 3d 580, 587.)  The proposed cross-complaint arises out of the same general set of facts as alleged in Plaintiff’s Complaint.  Both involve Velasquez’s claims that she was sexually assaulted at Plaintiff’s restaurant in August 2021.  Thus, the requirements of Code Civ. Proc., §§ 426.50 and 428.10(b) are met.

Accordingly, the motion is GRANTED.

Velasquez is to separately file the Amended Answer and the Cross-Complaint (attached as Exhibits 2 and 3 to ROA 77, respectively) within 5 days.

Moving party to give notice.