Judge: Linda S. Marks, Case: 2022-01256157, Date: 2023-07-31 Tentative Ruling

Motion for Leave to File Cross Complaint filed by Chapin Developers on 5/10/23

Defendant Chapin Developers (“Chapin”) seeks leave to file a cross-complaint against Plaintiffs Nina Lee and Kenneth Lee for Breach of Contract and Common Counts. The motion is unopposed.

A party against whom a complaint has been filed may file a cross-complaint asserting a cause of action against the person who filed a complaint against him. (CCP §428.10(a).) If a party against whom a complaint has been filed fails to allege in a cross-complaint any “related” cause of action he has against the plaintiff, such party may not thereafter in any other action, assert against the plaintiff, the “related” cause of action not pleaded. (CCP §426.30(a).) If a person failed to file a compulsory cross-complaint, whether through oversight, inadvertence, mistake, neglect or other cause, he can seek leave to file it at any time during the course of the action. (Code Civ. Proc. § 426.50.) The court “shall” grant leave so long as defendant is acting in good faith. (Id.; see also Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98-99 [even on “eve of trial,” leave to file compulsory cross-complaint is mandatory absent bad faith].) “[A] strong showing of bad faith [must] be made in order to support a denial of the right to file a cross-complaint under this section.” (Sidney v. Superior Court (1988) 198 Cal.App.3d 710, 718.)

Here, the proposed cross-complaint is transactionally related to the main action, and the interests of justice would be furthered by granting leave. (CCP §§ 426.10(c), 426.50.) This is an action to quiet title to property located in Orange, California. The proposed cross-complaint concerns the failure to pay rent for use of the same property. The causes of action in the cross-complaint arise out of the same series of transactions or occurrences as those alleged in the complaint.

Tentative Ruling: The motion for Leave to File Cross Complaint is GRANTED. Defendant is ORDERED to file the proposed Cross-Complaint attached to the Declaration of Stephen G. Hammers as Exhibit 1 without any changes, modifications, or alterations within 10 days.

Moving party to give notice.