Judge: James L. Crandall, Case: 21-1203334, Date: 2022-12-29 Tentative Ruling

Motion for Leave to File Cross Complaint

Defendant Santa Ana Unified School District’s (SAUSD) motion for leave to file a cross-complaint is GRANTED.

“A policy of liberal construction of section 426.50 to avoid forfeiture of causes of action is imposed on the trial court. A motion to file a cross-complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrated where forfeiture would otherwise result. Factors such as oversight, inadvertence, neglect, mistake or other cause, are insufficient grounds to deny the motion unless accompanied by bad faith.” (Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98–99.)

“Permission to file a permissive cross- complaint is solely within the trial court's discretion.” (Crocker Nat. Bank v. Emerald (1990) 221 Cal.App.3d 852, 864.)

The proposed cross-complaint, attached as Exhibit 1 to the Foster Declaration, alleges three causes of action against Defendant Henry T. Nicholas Education Foundation, Inc. (HNEF), based on an alleged indemnity and defense agreement in the Independent Contractor Agreement between SAUSD and HNEF.

The proposed cross-complaint arises from the same transactions or occurrences that are the subject of the complaint.

The motion is unopposed and there is no showing of bad faith.

Therefore, leave to file the proposed cross-complaint is granted.

Moving Party to give notice.

Future hearing dates

5/26/23 – MSC

6/26/23 – Jury Trial