Judge: Joel L. Lofton, Case: 21AHCV00066, Date: 2022-09-07 Tentative Ruling

Case Number: 21AHCV00066    Hearing Date: September 7, 2022    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      September 7, 2022                              TRIAL DATE:  January 10, 2023

CASE:                         HOLLYWOOD BRIDGE INC. v. SITEAWESOME, INC. YUJUN XIAO; XU CHEN; MANHUA LIN; and DOES 1-20.

CASE NO.:                 21AHCV00066

MOTION FOR LEAVE TO A CROSS-COMPLAINT

MOVING PARTY:              Defendant Siteawesome, Inc.

RESPONDING PARTY:     No response filed,

SERVICE:                             Filed August 10, 2022

RELIEF REQUESTED

            Defendant Siteawesome, Inc. (“Moving Party”) requests leave to file a cross-complaint against Plaintiff Hollywood Bridge Inc.

BACKGROUND

            This case arises out of Plaintiff Hollywood Bridge Inc.’s (“Plaintiff”) claim that Defendants Siteawesome, Inc., Yujun Xiao, Xu Chen, and Manhua Lin failed to deliver the 35,000 Brightway Nitrile Exam Gloves Plaintiff ordered. Plaintiff alleges that it paid Defendants $252,000 for the gloves but did not receive the gloves and was only refunded $83,966.27.

            Plaintiff filed this complaint on November 3, 2021, alleging three causes of action for (1) breach of contract, (2) common counts, and (3) fraud.

TENTATIVE RULING

            Moving Party’s motion for leave to file a cross-complaint is GRANTED.

            Moving Party is ordered to file its cross-complaint within 5 days of this order.

LEGAL STANDARD

            “(a) 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. [¶] (b) Any other cross-complaint may be filed at any time before the court has set a date for trial. [¶] (c) A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.” (Code of Civil Procedure section 428.50.)

DISCUSSION

            Moving Party seeks leave to file a cross-complaint against Plaintiff to allege two causes of action for (1) breach of contract and (2) common counts. Moving Party seeks to allege that Plaintiff breached the agreement between the parties by rejecting the delivery of gloves in bad faith and caused Moving Party to lose profits and damages in fees. Moving Party asserts its claim is based on the same underlying transaction and is a compulsory counterclaim.

            Moving Party explains that it did not file a cross-complaint or a motion for leave to file a cross-complaint earlier because its previous counsel failed to conduct discovery to prepare for trial. Moving Party also seeks to add Plaintiff’s principals, Yufu Cheng and Aiping Fang, as alter ego cross-defendants. (Cheng Decl. ¶ 4.)

            Plaintiff did not oppose the present motion.

CONCLUSION

            Moving Party’s motion for leave to file a cross-complaint is granted.

            Moving Party is ordered to file its cross-complaint within 5 days of this order.

Dated:   September 7, 2022                            ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org