Judge: Stephen I. Goorvitch, Case: 19STCV20941, Date: 2023-11-13 Tentative Ruling

Case Number: 19STCV20941    Hearing Date: November 13, 2023    Dept: 39

Temple of the Arts v. Los Angeles County Metropolitan Transportation Authority, et al.

Case No. 19STCV20941

Defendants’ Motion for Leave to File Cross-Complaint

            Defendants Los Angeles County Metropolitan Transportation Authority (“Metro”), Skanska Traylor Shea, and the City of Beverly Hills (collectively, “Defendants”) seek leave to file a cross-complaint against Steve Bubalo Construction Company.  Per Code of Civil Procedure section 428.10, a party against whom a cause of action is asserted may file a cross-complaint to assert “[a]ny cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.”  (Code Civ. Proc., §428.10, subd. (b).)  A party must obtain leave of court to file a cross-complaint if the party does not file the cross-complaint at the same time as the answer.  The Court may grant leave to file a cross-complaint in the interests of justice at any time during the course of the action.  (Code Civ. Proc., §428.10, subd. (c).)

            The Court has no tentative order on this motion.  The Court would like to discuss the trial date with the parties at the hearing.