Judge: Melissa R. Mccormick, Case: Phillips v. Najarian, Date: 2022-09-29 Tentative Ruling

Defendants Mark Thomas Najarian, Thomas Vincent Najarian, and Andrea Najarian’s Motion for Leave to File Cross-complaint

Defendants Mark Thomas Najarian, Thomas Vincent Najarian, and Andrea Najarian move for leave to file a cross-complaint against plaintiff Sadie Phillips.  For the following reasons, defendants’ unopposed motion is granted.

Leave of court may be granted in the interests of justice at any time during the course of the action for permissive cross-complaints.  Cal. Civ. Proc. Code § 428.50(c).  If a defendant fails to file a compulsory cross-complaint at the time of filing and serving its answer, whether through oversight, inadvertence, mistake, neglect, or other cause, the court must grant the defendant leave to belatedly file the cross-complaint, as long as the defendant has acted in good faith and has given the plaintiff notice that it is seeking the court’s permission to file the cross-complaint.  Id. § 426.50.  Section 426.50 is to be liberally construed to avoid forfeiture of causes of action.  Id.

Whether defendants’ cross-complaint is permissive or compulsory, defendants’ motion is granted under either standard.  The trial is scheduled for June 5, 2023, and thus is several months away.  Moreover, to the extent necessary, defendants have provided evidence supporting a finding defendants have acted in good faith with respect to the motion.  Araujo Decl. ¶¶ 3-5; see also Brief at 4:11-17

Defendants to give notice and to file and serve the cross-complaint attached to the Araujo Declaration as Exhibit A by October 10, 2022.