22CV019079: GAYTON vs BAXTER, et al.
05/25/2023 Hearing on Motion for Leave to File a Cross-Complaint filed by Huan Deng
(Defendant) + in Department 22

Tentative Ruling - 05/09/2023 Jeffrey Brand


The Motion for Leave to File a Cross-Complaint filed by Huan Deng, David Baxter on
05/03/2023 is Granted.

Defendants’ unopposed Motion for Leave to File Cross-Complaint is GRANTED. Defendants
must file the proposed Cross Complaint, attached as Exhibit F to the Hall Declaration, within 10
days of this Order.

Defendants’ unopposed Request for Judicial Notice is GRANTED.

BACKGROUND

On October 5, 2022, Plaintiff filed a personal injury complaint against Defendants David Baxter
and Huan Deng. Plaintiff alleges he was injured by a tree limb which fell from a tree on
Defendants’ property when a garbage truck made contract with the tree. (Complaint, ¶ 7.)
Defendants answered on December 12, 2022.

On May 3, 2023, Defendants filed a Motion for Leave to File Cross-Complaint. Defendants
subseq