Judge: Nathan R. Scott, Case: Handorf v. Data Technologies, Date: 2022-07-29 Tentative Ruling

Defendants Data Technologies Inc. and Jeffrey C. Kane’s motion for leave to file cross-complaint is granted.  (See Code Civ. Proc., § 428.50, subd. (c); Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 99-100.)


Defendants shall have leave to separately e-file their proposed cross-complaint within 5 days, which shall be deemed served upon filing.


Separate e-filing is critical to ensure the cross-complaint is properly indexed in the court’s electronic filing system.


Plaintiff has not shown bad faith.  (See Silver, supra, 217 Cal.App.3d at pp. 99-100.)  His challenges to the cross-complaint’s legal sufficiency are better handled at a later stage.  (Cf. Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761 [amended complaint].)


Defendants shall give notice.