Judge: Melvin D. Sandvig, Case: 22CHCV00856, Date: 2023-04-17 Tentative Ruling

Case Number: 22CHCV00856    Hearing Date: April 17, 2023    Dept: F47

Dept. F47

Date: 4/17/23

Case #22CHCV00856

MOTION FOR  LEAVE TO FILE A CROSS-COMPLAINT

Motion filed on 1/18/23.

MOVING PARTY: Defendants Amy Jam and Moshen Haddad

RESPONDING PARTY: Plaintiff Ha Hoang Nguyen

NOTICE: ok

RELIEF REQUESTED: An order granting Defendants leave to file a Cross-Complaint against Plaintiff.

RULING: The motion is granted.  Defendants are ordered to separately file the Cross-Complaint which is attached to the motion as Exhibit 1.

This action arises out of a dispute between Plaintiff Ha Hoang Nguyen (Plaintiff) and Defendants Amy Jam (Jam) and Moshen Haddad (Haddad) (collectively, Defendants) regarding the rights to real property located at 20516 Shelley Lane, Porter Ranch, California 91326 (the Property).  On 10/12/22, Plaintiff filed this action against Defendants for: (1) Breach of Contract, (2) Fraud, (3) Unjust Enrichment and (4) Declaratory Relief.  On 11/17/22, Defendants filed their Answer to the Complaint. 

On 1/18/23, Defendants filed and served the instant motion seeking an order granting Defendants leave to file a Cross-Complaint for: (1) Breach of Contract and (2) Unjust Enrichment against Plaintiff.  Plaintiff has not opposed the motion. 

Defendants cross-claims against Plaintiff arise out of the same transaction or occurrence as the claims in Plaintiff’s complaint.  As such, the proposed cross-complaint is compulsory.  See CCP 426.30(a).  If a defendant fails to file a cross-complaint at the time the answer is filed, the defendant may thereafter seek leave of court to do so.  See CCP 426.50.  Relief must be granted to file a compulsory cross-complaint unless bad faith of the moving party is shown.  Id.; Silver Organizations Ltd. (1990) 217 CA3d 94, 98-100.

Here, there is no evidence of bad faith on the part of Defendants.  Therefore, the motion is granted.