Judge: Sandy N. Leal, Case: 2022-01287057, Date: 2023-08-24 Tentative Ruling

Motion for Leave to File Cross Complaint

Defendant Kelsey Connors’ Unopposed Motion to File her Cross-Complaint is GRANTED. (Code Civ. Proc. § 426.50.)

Code Civ. Proc. § 426.50 states: “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.”

A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (Code Civ. Proc. § 428.50(a).) Any other cross-complaint may be filed at any time before the court has set the first trial date.  (Code Civ. Proc. § 428.50(b).)  

A party shall obtain leave of court to file any cross-complaint except when one is filed within the time specified in subdivision (a) or (b).  (Code Civ. Proc. § 428.50(c).)  Leave of court may be granted “in the interests of justice” at any time during the course of the action.  (Code Civ. Proc. § 428.50(c).) 

A Cross-Complaint is compulsory if the causes of action arise out of the “same transaction, occurrence, or series of transactions or occurrences as the cause of action ... in (the) complaint.” (Code Civ. Proc. § 426.10(c).)

Here, both the underlying Complaint and the proposed Cross-Complaint pertain to the same car accident. Thus, the factual and legal issues are logically related.  Thus, the proposed Cross-Complaint is compulsory.

There is no Opposition to the Motion.

Accordingly, the Court GRANTS Defendant Kelsey Connors’ Unopposed Motion to File her Cross-Complaint.

Defendant Kelsey Connors to file her Cross-Complaint attached as Exhibit A within 15 days of this order.

Defendant Kelsey Connors to give notice.