Judge: William Y. Wood, Case: 37-2023-00032978-CU-PO-NC, Date: 2024-06-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - June 20, 2024

06/21/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00032978-CU-PO-NC RAWSON VS CITY OF OCEANSIDE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to File Cross Complaint, 04/16/2024

Defendant Vista Green Valley, LP's motion for leave to file a cross-complaint (ROA # 53) is granted.

The cross-complaint shall be filed and served by no later than July 1, 2024.

The Court has carefully reviewed and considered the arguments presented by both parties and finds that the interests of justice will be served by permitting the cross-complaint to be filed. See CCP § 426.50; see also Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98–99 ['A policy of liberal construction of section 426.50 to avoid forfeiture of causes of action is imposed on the trial court.'].

Moreover, the Court is not persuaded that the Defendant acted in bad faith in failing to bring this cross-complaint at the time the answer was filed (Id. at 98-99 [courts have no discretion to deny absent findings of bad faith based on substantial evidence]) or that Defendant's proposed declaratory relief claim against the Department of Housing and Community Development 'is a tangential regulatory dispute.' See Motion (ROA # 53), Exhibit A, ¶¶ 38, 40, 44, 45, 46 and 101.

Therefore, the motion for leave to file a cross-complaint is granted.

This minute order constitutes the Court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, June 21, 2024. If no party appears at the hearing, this tentative ruling will become the order of the Court as of June 211, 2024. If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the Court and each other of their intention not to appear, though this notice is not required.

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