Tentative Ruling: Plaintiff filed a complaint against defendants on May 24, 2018, involving an oral contract between the parties. Defendants filed their answer on July 18, 2018.
Defendants now request leave of court to file a cross-complaint against plaintiff involving the same oral contract. A Case Management Conference has been set for October 19, 2019, as no trial has been schedule.
Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court’s tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally-deficient motion. Based solely upon defendants’ failure to comply with Local Rule 3.3.7, the Motion for Leave to File a Cross-Complaint would be denied without prejudice.
However, in the interests of justice and judicial economy, the Court reaches the merits.
CCP section 428.50 requires that: (c) A party sha
Hearing Date
September 26, 2019
For full print and download access, please subscribe at https://www.trellis.law/.
Tentative Ruling: Plaintiff filed a complaint against defendants on May 24, 2018, involving an oral contract between the parties. Defendants filed their answer on July 18, 2018.
Defendants now request leave of court to file a cross-complaint against plaintiff involving the same oral contract. A Case Management Conference has been set for October 19, 2019, as no trial has been schedule.
Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court’s tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally-deficient motion. Based solely upon defendants’ failure to comply with Local Rule 3.3.7, the Motion for Leave to File a Cross-Complaint would be denied without prejudice.
However, in the interests of justice and judicial economy, the Court reaches the merits.
CCP section 428.50 requires that: (c) A party sha