Judge: Lee S. Arian, Case: 23STCV30442, Date: 2024-05-17 Tentative Ruling

Case Number: 23STCV30442    Hearing Date: May 17, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION FOR LEAVE TO FILE CROSS COMPLAINT 

Hearing Date: 5/17/24 

CASE NO./NAME: 23STCV30442 MEGAN NICHOLE WIGGINS vs PENNY BRENNER 

Moving Party: Defendants Penny and Mark Brenner

Responding Party: Unopposed

Notice: Sufficient 

Ruling: MOTION FOR LEAVE TO FILE CROSS COMPLAINT IS GRANTED

As judicial policy generally supports the resolution of all disputed matters between parties, leave to amend or leave to cross-complain is typically granted liberally. (See Kolani v. Gluska (1998) 64 Cal.App.4th 402, 412.) The Court may, however, deny such leave if there is demonstrated prejudice to the opposing party, such as trial delays, loss of critical evidence, or increased preparation costs. (Id.) 

On December 13, 2023, Plaintiff filed this motor accident claim arising from a six-vehicle collision. Defendants Penny Brenner and Mark Brenner move the Court for leave to file a cross-complaint against Defendant Ryan Kessler, alleging he was the primary cause of the accident. No opposition was filed.

Defendants' request comes shortly after the complaint was filed, so there would be minimal trial delay, loss of evidence, or increased preparation costs. The cross-complaint arises from the same transaction or occurrence as the original complaint, and no opposition alleging prejudice was filed. Defendants also attached a copy of the cross-complaint to the motion. All statutory requirement has been met and therefore, Defendants' motion for leave is granted. Defendants are granted leave to file their cross-complaint within the next 10 days.

PLEASE TAKE NOTICE: 

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion.