Judge Mark E. Windham, Case Number: 24STLC02545, Date: 2024-07-08 Tentative Ruling

Judge: Mark E. Windham, Case: 24STLC02545, Date: 2024-07-08 Tentative Ruling

Case Number: 24STLC02545 Hearing Date: July 8, 2024 Dept: 26

Robertson’s Ready Mix, Ltd. v. Apex Design Concrete, Inc., et al.

MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

(CCP § 428.50)

TENTATIVE RULING:

Defendant Shuyuan Zhang’s Motion for Leave to File Cross-Complaint is GRANTED. THE PROPOSED CROSS-COMPLAINT IS TO BE FILED AND SERVED WITHIN 20 DAYS OF THIS ORDER.

ANALYSIS:

On April 8, 2024, Plaintiff Robertson’s Ready Mix, Ltd. (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Shuyuan Zhang (“Defendant Zhang”) and others. Defendant Zhang filed the instant Motion for Leave to File Cross-Complaint on May 9, 2024. No opposition has been filed to date.

Discussion

Code of Civil Procedure section 428.50 provides:

“(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 the action.”

(Code Civ. Proc., § 428.50.) Defendant Zhang moves for leave to file a cross-complaint against Plaintiff, and Defendants Apex Design Concrete LLC and Calixto Andrew Franco III. The Motion is brought on the grounds that the cross-complaint arises out of the same incident that gives rise to the Complaint. (Motion, Deng Decl., p. 2:4-12.) Based on the supporting declaration and lack of any opposition, the Court finds that leave to file a cross-complaint is in the interests of justice.

Conclusion

Defendant Shuyuan Zhang’s Motion for Leave to File Cross-Complaint is GRANTED. THE PROPOSED CROSS-COMPLAINT IS TO BE FILED AND SERVED WITHIN 20 DAYS OF THIS ORDER.

Moving party to give notice.