Judge: Michael Shultz, Case: 24STCV01254, Date: 2025-01-23 Tentative Ruling

Case Number: 24STCV01254    Hearing Date: January 23, 2025    Dept: 40

24STCV01254 Kids Empire Pomona, LLC v. Royal Oak, LP, et al. 

[TENTATIVE] ORDER GRANTING MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT

      This action involves a dispute between Plaintiff (tenant) and the landlord defendants arising from the parties’ lease agreement for commercial real property. Plaintiff alleges that Defendants induced Plaintiff to enter into the lease agreement by using an estimate for common area maintenance expenses that turned out to be false. Plaintiff alleges claims for fraud, rescission, and declaratory relief.

      The landlord defendants request leave to file a cross-complaint against Plaintiff for breach of contract, accounting, breach of guaranty, and declaratory relief, for additional rent that Plaintiff failed to pay. Defendants did not discover these claims until they received Plaintiff’s responses in discovery.

      Plaintiff does not oppose the motion.

      A party against whom a cause of action has been asserted in a complaint may file a cross-complaint setting forth either a cause of action against any of the parties who filed the complaint, or any cause of action he has against a person alleged to be liable, whether or not such person is already a party. (Code Civ. Proc., § 428.10 subd. (b).). Leave to file or amend a cross-complaint may be granted so long as the moving party acted in good faith. The statute is liberally construed to avoid forfeiture. (Code Civ. Proc., § 426.50).

      Plaintiff does not oppose the motion, and there is no evidence of bad faith by the moving parties. Accordingly, the motion is GRANTED. Cross-Complainants are ordered to file its proposed cross-complaint within 10 days.