Judge: Marcella O. Mclaughlin, Case: 37-2022-00035051-CU-PO-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - January 11, 2024

01/12/2024  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00035051-CU-PO-CTL DI GIOVANNI VS COUNTY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to File Cross Complaint, 11/16/2023

The unopposed motion for leave to file a cross-complaint is GRANTED. Code Civ. Proc. §§ 428.10(b), 428.50(c).

The court deems the lack of opposition to the motion to be a concession as to the merits of the motion.

SDSC Local Rule 2.1.19(B). Moreover, the court finds that the interests of justice will be served by permitting the County to file its proposed cross-complaint against John Scudder. See Time for Living, Inc. v. Guy Hatfield Homes/All American Develop. Co. (1991) 230 Cal.App.3d 30, 39 ('[A] cross-complaint for comparative equitable indemnity is almost by definition transactionally related to the claims asserted by the plaintiff, because a claim for equitable indemnity depends on the allegation that the same harm for which plaintiff seeks to hold defendant liable is properly attributable, at least in part, to the acts of the cross-defendant.'); see also Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047 ('[J]udicial policy favors resolution of all disputed matters in the same lawsuit.').

The County must file and serve the cross-complaint by January 22, 2024.

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