Judge: Stephen I. Goorvitch, Case: 21STCV31560, Date: 2023-05-23 Tentative Ruling

Case Number: 21STCV31560    Hearing Date: May 23, 2023    Dept: 39

Angelus Waterproofing & Restoration, Inc. v. Shangri-LA Construction, L.P., et al.

Case No. 21STCV31560

Motion for Leave to File Cross-Complaint

            Plaintiff Angelus Waterproofing and Restoration, Inc. (“Plaintiff”), a subcontractor, allegedly was hired by Shangri-La Construction L.P. (“SLC”), a general contractor, to construct a portion of the work for a project involving the installation of sheet metal/sloping/caulking of cracks and walls/deck coating. Plaintiff alleges that it was not paid the contracted price of $89,700 for the work. 

Now, SLC seeks leave to file a cross-complaint for breach of contract and declaratory relief against Plaintiff.  The motion is not opposed.  Previously, the Court continued the trial date.  Specifically, the Court noted: 

“There were heavy rains in late 2022 to early 2023, resulting leaks in different areas of the project and a failure of traffic coating. (Declaration of Paul A. Breucop, ¶ 8.) On or about March 27, 2023, Defendants’ expert concluded that the leaks were caused by excessive amounts of moisture seeping through the concrete due to, in part, improper application of waterproofing coatings. (Id., ¶ 9.)  Not only are these new developments supporting a trial continuance, judicial economy favors addressing all of the claims in one litigation, as opposed to requiring Defendants to file a separate case.”

(Court’s Minute Order, dated April 11, 2023.)  Based upon the foregoing, the Court orders as follows:

1.         SLC’s motion for leave to file a cross-complaint is granted.

2.         SLC shall file its cross-complaint within ten (10) days.

3.         SLC shall provide notice and file proof of such with the Court.