Judge: William A. Crowfoot, Case: 24NNCV01893, Date: 2025-02-11 Tentative Ruling

Case Number: 24NNCV01893    Hearing Date: February 11, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

SOUNDCRETE CONTRACTORS, INC.,

                    Plaintiff(s),

          vs.

 

RAAM CONSTRUCTION, INC., et al.,

 

                    Defendant(s).

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      CASE NO.: 24NNCV01893

 

[TENTATIVE] ORDER RE: DEFENDANT RAAM CONSTRUCTION, INC.’S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

 

Dept. 3

8:30 a.m.

February 11, 2025

 

On May 29, 2024, Plaintiff Sound-Crete Contractors, Inc. filed this action against Defendant RAAM Construction, Inc. arising from amounts owed under a construction subcontract. Defendant filed an Answer on August 12, 2024.

On January 2, 2025, Defendant filed this Motion seeking leave to file a cross-complaint against Plaintiff and Roes 1 through 100. The Motion is unopposed.

A party who fails to file a cross-complaint asserting any related cause of action may seek leave from the court to do so at any time during the course of the action. (Code Civ. Proc., §§ 426.30, subd. (a); 426.50.) The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to file the cross-complaint if the party acted in good faith. (Code Civ. Proc., § 426.50.)

Defendant seeks to assert causes of action for breach of contract and negligence arising from Plaintiff’s work installing “gyp-crete” on a project. Defense counsel declares that Defendant’s investigation was ongoing and it was not until later that it became apparent that Plaintiff’s faulty work caused damages far in excess of the amounts claimed by Plaintiff in its Complaint. (Motion, Lindborg Decl., ¶¶ 3-4.)

Plaintiff did not oppose this motion and, according to defense counsel’s declaration, has been conducting discovery based on the allegations of the proposed cross-complaint. (Motion, Lindborg Decl., ¶ 8.) 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.

Dated this 11th day of February 2025

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.