Judge: David A. Hoffer, Case: 30-2021-1233367, Date: 2022-11-07 Tentative Ruling
Defendant/Cross-Complainant 27 Diamonds, Inc.’s (“27D”) unopposed Motion for Leave to File a Cross-Complaint (“Motion”) is GRANTED.
Pursuant to Civ. Proc. Code § 426.50, the court shall grant leave for a party to file a cross-complaint so long as the party seeking leave acted in good faith. Here, 27D alleges that it discovered an unpaid invoice that is the basis for its cross-complaint after 27D filed its answer to plaintiff Gerald Lau’s (“Plaintiff”) First Amended Complaint (“FAC”). The claims in the cross-complaint are compulsory as they arise out of the same transactions as those alleged in the FAC. (Civ. Proc. Code § 426.10.) The court finds the Motion is proper in order to ensure that all related claims between the parties are litigated in one action.
Thus, the Motion is granted. 27D is ordered to file and serve its cross-complaint, attached as Exhibit 1 to the Motion, within three-days of the hearing. Responsive pleadings are due pursuant to code.
27D is ordered to give notice of this ruling.