Defendant Andres Valdivia’s Motion for Leave to File Cross-Complaint is GRANTED.
Defendant to file the proposed cross-complaint within five (5) days from the date of this Order.
Background
On April 11, 2017, Plaintiff Petros Amamchyan (“Plaintiff”) filed this vehicle-collision action against Defendant Andres Valdivia (“Defendant”). On July 25, 2017, Defendant filed an Answer.
On October 3, 2017, Defendant filed a Motion for Leave to File Cross-Complaint against the driver of Plaintiff’s vehicle, Vagan Gukasyan (“Gukasyan”), who is a nonparty to this action. The proposed cross-complaint asserts causes of action for (1) indemnity, (2) apportionment, and (3) declaratory relief. As of December 26, 2017, no opposition has been filed.
Legal Standard
The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading. (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in
Type
AUTO (Limited Jurisdiction)
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Defendant Andres Valdivia’s Motion for Leave to File Cross-Complaint is GRANTED.
Defendant to file the proposed cross-complaint within five (5) days from the date of this Order.
Background
On April 11, 2017, Plaintiff Petros Amamchyan (“Plaintiff”) filed this vehicle-collision action against Defendant Andres Valdivia (“Defendant”). On July 25, 2017, Defendant filed an Answer.
On October 3, 2017, Defendant filed a Motion for Leave to File Cross-Complaint against the driver of Plaintiff’s vehicle, Vagan Gukasyan (“Gukasyan”), who is a nonparty to this action. The proposed cross-complaint asserts causes of action for (1) indemnity, (2) apportionment, and (3) declaratory relief. As of December 26, 2017, no opposition has been filed.
Legal Standard
The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading. (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in