Judge: William A. Crowfoot, Case: 22AHCV00712, Date: 2023-03-21 Tentative Ruling

Case Number: 22AHCV00712    Hearing Date: March 21, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

On September 22, 2022, Plaintiff Enixdental (HK) Limited (“Plaintiff’) filed this action against defendant Chia Cheng Chin (“Defendant”) and E Tech Dental Lab for breach of contract.  Defendant filed an Answer on October 25, 2022. 

On January 10, 2023, Defendant filed this Motion seeking leave to file a cross-complaint against Plaintiff and Plaintiff’s owner, Michael Chang (“Chang’) for intentional misrepresentation and negligent misrepresentation.  Defendant alleges that he was fraudulently induced into signing a promissory note for defective dental products.  The Motion is unopposed.

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.  (Cal. Civ. Proc. Code § 428.50 (a).)  Any other cross-complaint may be filed at any time before the court has set a date for trial.  (Cal. Civ. Proc. Code § 428.50 (b).)  A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b).  Leave may be granted in the interest of justice at any time during the course of the action.  (Cal. Civ. Proc. Code § 428.50 (c).)  Where the proposed cross-complaint arises out of the same transaction as plaintiff’s claim, the court must grant leave to file the cross-complaint so long as defendant is acting in good faith.  (Cal. Civ. Proc. Code § 426.50.) 

There is no evidence that Defendant is acting in bad faith, and granting leave to file the cross-complaint would be in the interest of justice.  Accordingly, Defendant’s unopposed Motion is GRANTED and Defendant is ordered to file the proposed cross-complaint within 5 days of the date of this Order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Dated this 21st day of March 2023