Motion for Leave to File Cross-Complaint
Moving Party: Defendant The Irvine Company LLC
Responding Party: None
Ruling: Defendant The Irvine Company LLC’s motion for leave to file Cross-Complaint is granted. Defendant’s request for judicial notice is denied as unnecessary.
Leave of court may be granted in the interests of justice at any time during the course of the action for permissive cross-complaints. Cal. Civ. Proc. Code § 428.50(c). If a defendant fails to file a compulsory cross-complaint at the time of filing and serving its answer, whether through oversight, inadvertence, mistake, neglect, or other cause, the court must grant the defendant leave to belatedly file the cross-complaint, as long as the defendant has acted in good faith and has given the plaintiff notice that it is seeking the court’s permission to file the cross-complaint. Id. § 426.50. Section 426.50 is to be liberally construed to avoid forfeiture of causes of action. Id.
Whether Defendants’ cross-complaint is permissive or compulsory, Defendants’ motion is granted under either standard. The trial date in this case is many months away and no prejudice to Plaintiffs has been identified. Moreover, to the extent necessary, Defendant has provided evidence supporting a finding that Defendant acted in good faith. (Chao Decl. ¶¶ 5-7.)
Defendant shall give notice and shall serve and file the cross-complaint attached to the motion by September 21, 2020.
Defendant to give notice.