Judge: Maurice A. Leiter, Case: 22STCV35224, Date: 2024-01-16 Tentative Ruling

Case Number: 22STCV35224    Hearing Date: January 16, 2024    Dept: 54

Hearing Date: January 16, 2024

Department 54, Judge Maurice A. Leiter

Motion for Leave to File Cross-Complaint

Moving Party: Cross-Defendant KKR Investment Properties, LLC

Responding Party: None

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

CROSS-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.) 

This is a habitability action. Cross-Defendant KKR, a former owner of the subject premises, moves for leave to file a cross-complaint against Viren Iswhwarlal Patel and Jaynti Patel, who leased the premises during KKR’s ownership. KKR asserts the Patels were responsible for maintaining the premises pursuant to their commercial lease. KKR seeks indemnity and contribution from the Patels. The Court will allow leave to file a cross-complaint.

Cross-Defendant's motion is GRANTED.