Judge: Maurice A. Leiter, Case: 23STCV30671, Date: 2025-02-27 Tentative Ruling

Case Number: 23STCV30671    Hearing Date: February 27, 2025    Dept: 54

Hearing Date: February 27, 2025

Department 54, Judge Maurice A. Leiter

Motion for Leave to File Cross-Complaint

Moving Party: Defendant Lehrer Architects LA, Inc.

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.) 

This a construction defect action. Defendant Lehrer moves for leave to file a cross-complaint for indemnity and contribution against the general contractor and the general contractor’s former general partners, as well as any other parties who were involved with the alleged construction issues. The Court will allow leave to file a cross-complaint.

Defendant's motion is GRANTED.