Judge: Richard Y. Lee, Case: 30-2019-01100745, Date: 2022-08-25 Tentative Ruling

Defendants Brian Saylin, Lindsey L. Swisher; Law Offices of Saylin & Swisher (collectively “Defendants”), apply to the Court for an Order granting leave to file a cross-complaint against Plaintiff Sylvia Klingler.

Pursuant to Ca. Code Civ. Proc. §428.10(a), a party against whom a cause of action has been asserted in a complaint may file a cross-complaint setting forth “Any cause of action he has against any of the parties who filed the complaint” against him.

Additionally, Ca. Code Civ. Proc.§426.50 provides:

“A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.”

In this instance, Defendants seek leave to file a cross-complaint to recover their unpaid legal fees. [See Decl. of Wilcox ¶4, Ex. A.] Defendants’ cross-complaint is related to and arises out of the attorney-client relationship which is the subject of Plaintiff’s Complaint. [Id. ¶2.]

Therefore, the unopposed Motion for Leave to File  Cross-Complaint is GRANTED.

Cross-Complaint to be separately filed within 10 days.

Defendants to give notice.