Judge: Robert P. Dahlquist, Case: 37-2023-00009916-CU-PO-NC, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - January 12, 2024

01/12/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00009916-CU-PO-NC RUPPERT VS. ERICKSON-HALL CONSTRUCTION CO. [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to File Cross Complaint, 12/15/2023

Defendant Erickson-Hall Construction Co.'s motion for leave to file a cross-complaint (ROA # 60) is granted. The cross-complaint shall be filed and served by no later than January 22, 2024.

The court has carefully considered the arguments presented by both parties. The court finds that the interests of justice will be served by permitting the cross-complaint to be filed. See CCP § 426.50; see also Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98–99 ['A policy of liberal construction of section 426.50 to avoid forfeiture of causes of action is imposed on the trial court.']. The court is not persuaded that the defendant acted in bad faith in failing to bring this cross-complaint at the time the answer was filed. Id. at 98-99 [courts have no discretion to deny absent findings of bad faith based on substantial evidence].

Therefore, the motion for leave to file a cross-complaint is granted.

Carlsbad Unified School District may challenge the cross-complaint, and assert any defenses, by way of an answer, demurrer, other motions and at trial.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, January 12, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of January 12, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

Calendar No.: Event ID:  TENTATIVE RULINGS

3048082