Judge: Gregory Keosian, Case: 21STCV33121, Date: 2024-03-28 Tentative Ruling

Case Number: 21STCV33121    Hearing Date: March 28, 2024    Dept: 61

Defendant Gardens Crematory’s Motion for Leave to File Cross-Complaint is GRANTED.

Defendant to give notice.

I.                   Motion for Leave to File Cross-Complaint

“A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. Any other cross-complaint may be filed at any time before the court has set a date for trial.” (Code Civ. Proc., § 428.50(a)–(b).) A cross-complaint filed outside either of the aforementioned times requires leave of court, which may be granted “in the interest of justice at any time during the court of the action.” (Code Civ. Proc., § 428.50(c).)

A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.

(Code Civ. Proc., § 426.50.) Leave to file a cross-complaint may also be granted “in the interest of justice at any time during the course of the action.” (Code Civ. Proc. § 428.50, subd. (c).)

Defendant The Gardens Crematory, Inc. (Gardens) moves for leave to file a cross-complaint against Defendants Michael Anthony Brass, Families First Funeral Services, and Shon-tai Burton, as well as third party Snyder’s Care Center, for indemnity, contribution, apportionment, and declaratory relief. (Motion at p. 2; Exh. A.) Gardens argues that in the course of discovery it has learned that Defendant Brass and third-party Snyder had mishandled the remains at issue from September through December 2020, as revealed during Brass’ deposition in October 2023, and Snyder’s declaration submitted  in December 2023. (Coleman Decl. ¶¶ 6, 8.) Gardens delayed filing this cross-complaint due to a scheduled mediation on November 17, 2023, at which the parties failed to reach a settlement. (Coleman Decl. ¶ 7.)

Gardens has shown good cause for seeking leave to file a cross-complaint and reasonable promptness in doing so. No party has opposed the motion.

The motion is therefore GRANTED.