Judge: John C. Gastelum, Case: 20-01125066, Date: 2022-12-06 Tentative Ruling

Motion for Leave to File Cross Complaint

Ruling: Off Calendar – no hearing will be held.  Defendants Peter Bassi, Christopher Bassi, Issab Construction, LLC and Issab LLC (“Defendants”) move for an order granting Defendants leave to file their proposed Cross-Complaint against Plaintiff Timothy B. Adle (“Plaintiff”). 

When a party fails to file a compulsory cross-complaint at the time of answering the complaint, whether through oversight, inadvertence, mistake, neglect, or other cause, that party may seek leave to file a cross-complaint at any time during the course of the action.  (Code Civ. Proc., § 426.50.)  “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.”  (Ibid.)

The proposed Cross-Complaint includes causes of action for Breach of Contract; Breach of the Implied Covenant of Good Faith & Fair Dealing; Unjust Enrichment; Promissory Fraud; Intentional Misrepresentation; and Fraudulent Concealment.  It alleges that Defendants paid over $650,000.00 in medical costs on Plaintiff’s behalf as part of an oral agreement to pay for Plaintiff’s medical expenses and provide a $4,000/month living stipend for his injuries from the January 30, 2014 fall underlying Plaintiff’s action.  It further alleges that Plaintiff breached the oral agreement by neglecting to follow medical advice despite being advised that there was an increased risk of complications and amputation.  In particular, Plaintiff allegedly continued to smoke cigarettes, use methamphetamine, and failed to appear for necessary medical care. 

The Motion is unopposed and there is no evidence of bad faith on the part of Defendants.  Thus, the Court GRANTS the Motion.

Defendants to file and serve their Cross-Complaint within five days.

Defendants to give notice.