Consolidated cases:
Superior Court Case No. 18CECG03766/lead case
Motion: By Defendant/Cross Complainant Ron Cook and
Plaintiff/Cross Defendant Prosperity Farms, LLC for leave to file
a cross complaint
Tentative Ruling:
To grant. The moving party is granted 20 days leave from the date of this order to file their cross complaint.
Explanation:
A cross complaint is compulsory if it arises out of the same transaction or occurrences as the causes of action stated in the complaint. (Code of Civil Proc., § 426.10, subd. (c); Code of Civil Proc., § 426.30; Currie Medical Specialties, Inc. v. Bowen (1982) 136 Cal.App.3d 774, 777.) Absent bad faith, the court shall permit a party to file a compulsory cross complaint at “any time during the course of the action” – even on the eve of trial. (Code of Civ. Proc., § 426.50; Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98-99.)
Here, the moving party contends the cross complaint is premised on
circumstances surrounding the same agreemen
Hearing Date
October 16, 2020
Type
06 Unlimited - Breach of Contract/Warranty
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Consolidated cases:
Superior Court Case No. 18CECG03766/lead case
Motion: By Defendant/Cross Complainant Ron Cook and
Plaintiff/Cross Defendant Prosperity Farms, LLC for leave to file
a cross complaint
Tentative Ruling:
To grant. The moving party is granted 20 days leave from the date of this order to file their cross complaint.
Explanation:
A cross complaint is compulsory if it arises out of the same transaction or occurrences as the causes of action stated in the complaint. (Code of Civil Proc., § 426.10, subd. (c); Code of Civil Proc., § 426.30; Currie Medical Specialties, Inc. v. Bowen (1982) 136 Cal.App.3d 774, 777.) Absent bad faith, the court shall permit a party to file a compulsory cross complaint at “any time during the course of the action” – even on the eve of trial. (Code of Civ. Proc., § 426.50; Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98-99.)
Here, the moving party contends the cross complaint is premised on
circumstances surrounding the same agreemen