Judge: Lee W. Tsao, Case: 23NWCV02598, Date: 2024-08-15 Tentative Ruling

Case Number: 23NWCV02598    Hearing Date: August 15, 2024    Dept: C

SLAUSON-FISHBURN ASSOCIATES v. LI

CASE NO.:  23NWCV02598

HEARING:  08/15/24

#8

Defendant LI’s unopposed Motion for Leave to File a Cross-Complaint is GRANTED.

Moving Party to give Notice.

No Opposition filed as of August 12, 2024.

This unlawful detainer action was filed on August 11, 2023. Possession is no longer at issue. Defendant LI seeks to leave to file a cross-complaint to state a claim for unlawful lockout.

CCP §428.50 states: “(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 action.”

The Court finds that it would serve the interests of justice to grant Defendant leave to file its proposed Cross-Complaint. It is best to avoid multiplicity or duplicity of actions. The Motion is GRANTED.

Defendant LI is ORDERED to file and serve the Cross-Complaint within 30 days.