Judge: Nathan R. Scott, Case: Lofts on L Street v. Clippinger, Date: 2022-09-16 Tentative Ruling

Motion to Compel

Plaintiff The Lofts on L Street LLC’s motion to compel is granted.

Defendant Clippinger Investment Properties Inc. shall comply with its 3/21/22 response by producing all documents its possession, custody, or control that are responsive to plaintiff’s requests for production (set one) no later than 9/25/22.  (See Code Civ. Proc., § 2031.320, subd. (a); see also 8/19/22 Chapin decl. ¶¶ 14-18; 9/13/22 Chapin decl. ¶¶ 3-4.)

Defendant shall pay $4,238.50 in discovery sanctions to plaintiff.

Motion for Leave to Amend

Cross-complainant Robert Clippinger’s motion for leave to amend is granted.  (Code Civ. Proc., §§ 426.50, 473, subd. (a)(1); Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761 [leave liberally granted]; Silver Organizations Ltd. v. Morton Frank (1990) 217 Cal.App.3d 94, 99 [leave “must” be granted absent bad faith].)   

Defendant shall have leave to separately e-file the proposed amended cross-complaint (Gilchrest decl. Ex. 3) within 5 days, which shall be deemed served upon filing.

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

Plaintiff contends defendant unduly delayed in seeking leave to amend to add a compulsory cross-claim, but fail to show defendants acted in bad faith.  (See Silver Organizations, supra, 217 Cal.App.3d at p. 99.) 

Plaintiff’s remaining challenges to the amended cross-complaint are better addressed later.  (See Atkinson, supra, 109 Cal.App.4th at p. 761.) 

Thus, trial is continued to 1/13/22 at 11:30 am, with the new trial date governing discovery and motions only on the newly added claim.

Clippinger shall give notice of all rulings.