Motion for Leave to File Cross-Complaint
Having considered the moving papers, the Court rules as follows. No opposing papers were filed.
BACKGROUND
On October 8, 2019, Plaintiff Elena Martinez (“Plaintiff”) filed a complaint against Defendant States of California Department of Motor Vehicles (“Defendant”). Plaintiff alleges a dangerous condition of public property in the complaint arising from a wall partition falling and striking Plaintiff in a DMV breakroom on November 13, 2018.
On August 4, 2020, Defendant filed a motion for leave to file a cross-complaint pursuant to California Code of Civil Procedure sections 426.50 and 428.50.
On August 7, 2020, the Court advanced the hearing on Defendant’s motion to September 22, 2020.
Trial is scheduled for April 6, 2021.
PARTY’S REQUEST
Defendant asks the Court to grant leave for Defendant to file a cross-complaint against Inter-Con Security Systems, Inc. to allege a breach of contract.
LEGAL STANDARD
California Code of Civil Procedu
Hearing Date
September 22, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Motion for Leave to File Cross-Complaint
Having considered the moving papers, the Court rules as follows. No opposing papers were filed.
BACKGROUND
On October 8, 2019, Plaintiff Elena Martinez (“Plaintiff”) filed a complaint against Defendant States of California Department of Motor Vehicles (“Defendant”). Plaintiff alleges a dangerous condition of public property in the complaint arising from a wall partition falling and striking Plaintiff in a DMV breakroom on November 13, 2018.
On August 4, 2020, Defendant filed a motion for leave to file a cross-complaint pursuant to California Code of Civil Procedure sections 426.50 and 428.50.
On August 7, 2020, the Court advanced the hearing on Defendant’s motion to September 22, 2020.
Trial is scheduled for April 6, 2021.
PARTY’S REQUEST
Defendant asks the Court to grant leave for Defendant to file a cross-complaint against Inter-Con Security Systems, Inc. to allege a breach of contract.
LEGAL STANDARD
California Code of Civil Procedu