Judge: Maurice A. Leiter, Case: 22STCV06085, Date: 2023-08-11 Tentative Ruling

Case Number: 22STCV06085    Hearing Date: February 13, 2024    Dept: 54

Hearing Date: February 13, 2024

Department 54, Judge Maurice A. Leiter

Motion for Leave to File Cross-Complaint

Moving Party: Defendant Shmuel Erde

Responding Party: None

T/R:      DEFENDANT’S MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT IS GRANTED.

DEFENDANT TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

“A party who fails to plead a cause of action. . . whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any time during the course of the action.  The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith.  This subdivision shall be liberally construed to avoid forfeiture of causes of action.”  (CCP § 426.50.) 

Defendant Erde moves for leave to file a cross-complaint against former Defendant Balboa LLC, Plaintiff Cartwright, and Dolores Golden. Defendant asserts the cross-complaint is necessary because the cross-defendants have not responded to discovery. Defendant also points to the Court’s rulings on Defendant’s motion to join Balboa and motion for reconsideration in which the Court noted that Defendant would have to seek leave to file a cross-complaint to allege claims against Balboa.

The Court will allow leave to file a cross-complaint. Defendant has provided a copy of the proposed cross-complaint and the Court has received no opposition to the motion.

Defendant’s motion is GRANTED.