Judge: Maurice A. Leiter, Case: 24STCV04028, Date: 2024-11-19 Tentative Ruling

Case Number: 24STCV04028    Hearing Date: November 19, 2024    Dept: 54

Hearing Date: November 19, 2024

Department 54, Judge Maurice A. Leiter

Motion for Leave to File Cross-Complaint

Moving Party: Defendants Rampart Property Management, Inc., Melanie Clark and John Clark

Responding Party: None

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

DEFENDANTS 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.) 

Defendants move to file a cross-complaint against third-party Ziggy Kaiser. In the underlying complaint, Plaintiff alleges second degree burns from a mislabeled shower. Defendants, who manage the unit, assert that Ziggy Kaiser wrongfully sublet the unit to Plaintiff without their knowledge. These facts arise out of the same events as the underlying complaint.

Defendants’ motion for leave to file a cross-complaint is GRANTED.