Judge: Richard Y. Lee, Case: 30-2020-01155865, Date: 2022-11-17 Tentative Ruling

Defendant MDM Scapes, Inc. (“MDM”) moves for leave to file a cross-complaint against Defendant Burkhart Brother’s Construction, Inc. for Declaratory Relief pursuant to Code of Civil Procedure sections 428.10 and 428.50.

Pursuant to Code of Civil Procedure section 428.50, leave to file a cross-complaint may be granted in the interest of justice at any time during the course of an action.

On August 5, 2022, MDM attempted to file the proposed cross-complaint along with its Answer to the Complaint.  (Declaration of Cody J. Franklin, ¶ 4.)  The cross-complaint was rejected due to an improper caption page.  (Ibid.)  When MDM attempted to re-file the cross-complaint with a corrected caption, it was again rejected because MDM’s time to respond to the Complaint had passed and leave to file was required.  (Ibid.)  A copy of MDM’s proposed cross-complaint is attached to the Motion as Exhibit A. 

The Court finds that leave to file MDM’s cross-complaint must be granted in the interest of justice.  Thus, the unopposed Motion is GRANTED.

MDM to file and serve its cross-complaint within 10 days.

MDM to give notice.