Judge: Richard S. Whitney, Case: 37-2020-00031801-CL-BC-CTL, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 02, 2024

05/03/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Limited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2020-00031801-CL-BC-CTL CHILLAR VS MURRAY [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: CROSS-DEFENDANTS R6 ENTERPRISES, LLC AND JOSEPH TENERIELLO'S UNOPPOSED MOTION FOR LEAVE TO FILE CROSS-COMPLAINT is GRANTED.

Cross-Defendants R6 ENTERPRISES, LLC and JOSEPH TENERIELLO ('Cross-Defendants') seek to file a cross-complaint against Southern California Construction & Restoration ('SCCR'). Failure to file an opposition to the motion indicates the other parties' acquiescence that the motion is meritorious. (L.R.

2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) It is undisputed the proposed cross-complaint 'arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against' the defendants in this action. (Code Civ. Proc., § 428.10(b).) A policy of liberal construction of section 426.50 to avoid forfeiture of causes of action is imposed on the trial court. 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.

(Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98–99.) No party has shown Cross-Defendants acted in bad faith. The unopposed motion is granted.

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