Judge: Richard B. Ulmer, Jr., Case: CGC22601020, Date: 2023-07-11 Tentative Ruling
Set for Law and Motion on Tuesday, July 11, 2023 Line 4, DEFENDANT ZHEFEI FU's Motion For Leave To File Cross-Complaint. Defendant's motion for leave to file a cross-complaint is granted. Defendant's motion for leave to file a cross-complaint is brought under CCP 426.50. There is a policy of liberal construction of section 426.50 in order to avoid the forfeiture of causes of action. (Silver Orgs. v. Frank (1990) 217 Cal.App.3d 94, 98.) "A motion to file a cross-complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrated where forfeiture would otherwise result. Factors such as oversight, inadvertence, neglect, mistake or other cause, are insufficient grounds to deny the motion unless accompanied by bad faith." (Id. at p. 98-99.) Bad faith is "not simply bad judgment or negligence, but ratherÂ… the conscious doing of a wrong because of dishonest purpose or moral obliquity; Â… it contemplates a state of mind affirmatively operating with furtive design or ill will. " (Id. at p. 100.) Here, Plaintiff has failed to demonstrate bad faith. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and