Judge: Michael Small, Case: BC404638, Date: 2023-12-13 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: BC404638    Hearing Date: December 13, 2023    Dept: 57

Plaintiffs' bifurcation motion is granted.  That the Plaintiffs' case against the Broker Defendants was long ago consolidated with the Plaintiffs' case against Williams does not mean that bifurcation for purposes of trial of the case against the Broker Defendants, which is ready to go to trial, is improper today.  The Court is persuaded by Plaintiffs' arguments that bifurcation of the two cases is proper at this time.

Plaintiffs' demurrer to Williams's cross-complaint is overruled.  In the Court's view, the allegations in the cross-complaint are sufficient to support Williams's claims for fraud against the Plaintiffs.  Those allegations are based on knowing misrepresentations that Williams says were made to her by Paul Benjamin, whom Williams asserts was acting as the Plaintiffs' agent when the misrepresentations were made.

Plaintiffs' motion to strike the cross-complaint of Williams is denied.  Whether Williams was required to seek leave to file the cross-complaint at the time that she moved (successfully) to vacate the Plaintiffs' default judgment and obtained leave to file an answer to Plaintiffs' complaint against her is academic.  The Court would grant Williams leave to file the cross-complaint were she formally to ask for leave now.  In the Court's view, it would be a waste of time and resources at this point in this very old case to make Williams file a motion for leave to file a cross-complaint.