Case Number: 19STCV12345    Hearing Date: February 14, 2020    Dept: 27

[TENTATIVE] ORDER RE: MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

On April 9, 2019, plaintiffs Matthew Sherman and Robert Dunne (collectively, “Plaintiffs”) filed this action against defendants George Barnett and Verdegaal Bros., Inc. (collectively, “Defendants”) arising from a July 12, 2018 motor vehicle incident.  Dunne was a passenger in a car operated by Sherman when it collided with a car operated by Barnett and owned by Verdegaal Bros.  Defendants seek leave to file a cross-complaint against Sherman for equitable indemnification, contribution, declaratory relief, and apportionment of fault.  No opposition was filed.

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.  (Code Civ. Proc. § 428.50, subd. (a).)  Otherwise, a party shall obtain leave of court to file any cross-complaint.  Leave may be granted in the interest of justice at any time during the course of the action.  (Code Civ. Proc., § 428.50, subd. (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.  (Code Civ. Proc., § 426.50.)  This subdivision shall be liberally construed to avoid forfeiture of causes of action.

            Defendants argue they have developed this lawsuit, examined the facts, and determined the proposed cross-complaint for equitable indemnification, contribution, declaratory relief, and apportionment of fault is appropriate in good faith.       Based on the foregoing, and the fact that the Motion is unopposed, the Court finds Defendants have acted in good faith and GRANTS leave for Defendants to file a cross-complaint against Sherman and Roes 1-25.  Defendants are ordered to file their proposed Cross-Complaint within 10 days of the date of this Order.

Moving party to give notice.