Judge: Marcella O. Mclaughlin, Case: 37-2022-00040622-CU-FR-CTL, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - May 23, 2024

05/24/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2022-00040622-CU-FR-CTL WHITE VS JUNKIN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to File Cross Complaint, 04/25/2024

Defendants' motion for leave to file cross-clams is GRANTED.

A. 'A motion to file a cross-complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrated[.]' Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 99. Bad faith implies the ''conscious doing of wrong because of dishonest purpose or moral obliquity'' and involves a state of mind ''affirmatively operating with furtive design or ill will.'' Id. at 100 (quoting Pugh v. See's Candies, Inc. (1988) 203 Cal.App.3d 743, 764).

In this case, although it appears that defendants have been aware of the potential cross-claims for some time, the court is not persuaded that such conduct amounts to 'bad faith.' See Wittenberg v. Bornstein (2020) 51 Cal.App.5th 556, 564 ('The compulsory cross-complaint statute is designed to prevent 'piecemeal litigation.''); 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.').

Defendants must file and serve the cross-complaint by June 3, 2024.

B. '[A]ny 'surprise' that may be visited on a party due to a belated motion pursuant to section 426.50 may be mitigated by postponement or other conditions to prevent injustice.' Silver, 217 Cal.App.3d at 101. Here, plaintiff argues, and the court agrees, that there should be a trial continuance so that the parties may conduct discovery regarding the newly asserted cross-claims. Accordingly, the trial date is hereby continued to November 22, 2024 at 9:00 a.m. in Dept. 72.

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