Judge: Randall J. Sherman, Case: 2016-00884951, Date: 2022-12-02 Tentative Ruling

Cross-Complainant John Lasso’s Motion for Leave to File Fifth Amended Cross-Complaint is granted.  Cross-Complainant must file his Fifth Amended Complaint as a separate document within one week.  The court orders that the Fifth Amended Cross-Complaint be severed from plaintiff Össur Americas, Inc.’s Third Amended Complaint filed on 10/3/2019 and plaintiff Team Makena, LLC’s First Amended Complaint filed on 10/15/2019 such that the Trial set for January 23, 2023 will involve only plaintiffs’ Amended Complaints, not the Fifth Amended Cross-Complaint.

Cross-Complainant John Lasso’s Motion to Consolidate is denied as to granting a full consolidation of the two subject cases, but is granted as to consolidating the trial of the Fifth Amended Cross-Complaint in Team Makena, LLC vs. Lasso, Case No. 30-2016-00884951, and the trial of the Cross-Complaint in American Express National Bank v. Lasso, Case No. 30-2018-01040337.

The court may, in the furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.  CCP §473(a)(1).  California courts allow great liberality at all stages of the proceeding in permitting the amendment of pleadings to resolve cases on their merits.  IMO Development Corp. v. Dow Corning Corp. (1982) 135 Cal. App. 3d 451, 461.  Cross-Complainant Lasso seeks leave to file a Fifth Amended Cross-Complaint to add JNL Consulting Services, Inc. as a second cross-complainant.  Cross-defendants convincingly argue that they would be prejudiced if they did not have an opportunity to challenge JNL Consulting Services, Inc. as a cross-complainant by demurrer or summary adjudication and take discovery as to the new party.  Severing the Fifth Amended Cross-Complaint, such that its trial will not go forward as currently scheduled on January 23, 2023, should cure that prejudice.  CCP §473(a)(2) provides, “When it appears to the satisfaction of the court that the amendment renders it necessary, the court may postpone the trial.”  CCP §1048(b) provides, “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint.”  Both of these statutes, as well as the provision in CCP §473(a)(1) allowing an amendment “on any terms as may be proper”, apply to these circumstances, justifying the court’s ruling.

On the court’s own motion, the Status Conference set in American Express National Bank v. Lasso for December 16, 2022 is continued to January 23, 2023 at 9:00 a.m., the trial date in the Team Makena, LLC vs. Lasso case.

Moving party Lasso is ordered to give notice of the ruling unless notice is waived.