Judge: Elaine W. Mandel, Case: 19SMCV01622, Date: 2024-02-22 Tentative Ruling

Case Number: 19SMCV01622    Hearing Date: February 22, 2024    Dept: P

Tentative Ruling

Ryan Ghods v. Coldwell Banker Commercial NRT et al., Case No. 19SMCV01622

Hearing Date February 22, 2024

Kailah Pink’s Motion for New Trial; Permissive Joinder and Civil Complaint

Plaintiff Pink filed a document entitled “Motion for New Trial, Permissive Joinder and Civil Complaint” on January 16, 2024. Substantively, the document is a cross-complaint alleging new causes of action, some of them against parties in Ghods v. Pink, some of them alleged against new defendants.

The document does not include a supporting memorandum of points and authorities, in violation of Cal. Rule of Court 3.1112. It also lacks any citations to relevant authority or argument justifying a new trial. It also fails to comply with the notice requirements in Cal. Rule of Court Rule 3.1600 and Cal. Code of Civ. Proc. §659.

Pink cites the Federal Rules of Civil Procedure in support of her attempt to join new parties and allege new causes of action (see, e.g., Motion pg. 2). This is a California state court case, so the federal rules are inapplicable. She provides no relevant state authority granting her the right to file a new cross-complaint and join new parties after trial has concluded, nor has she moved for or been granted leave to file a new cross-complaint asserting new claims. DENIED. Pink’s purported new cross-complaint is STRICKEN.