Case Number:
22SMCV00237
Hearing Date:
April 6, 2023
Dept:
207
Background
Plaintiff Bank of America, N.A. (Plaintiff) brings this action against Defendants Paul Guez and Elizabeth Strauss Guez (Defendants) to collect amounts alleged owed to Plaintiff pursuant to a credit agreement. Defendants now seek leave of Court to file a Cross-Complaint against Plaintiff to assert causes of action for breach of contract and conversion stemming from actions taken by Plaintiffs predecessor-in-interest. Plaintiff opposes Defendants motion.
Legal Standard
Motions for leave to file a Cross-Complaint are governed by Code Civ. Proc. § 428.50, which provides:
(a)
A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint.
(b)
Any other cross-complaint may be filed at any time before the court has set
Hearing Date
April 06, 2023
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Case Number:
22SMCV00237
Hearing Date:
April 6, 2023
Dept:
207
Background
Plaintiff Bank of America, N.A. (Plaintiff) brings this action against Defendants Paul Guez and Elizabeth Strauss Guez (Defendants) to collect amounts alleged owed to Plaintiff pursuant to a credit agreement. Defendants now seek leave of Court to file a Cross-Complaint against Plaintiff to assert causes of action for breach of contract and conversion stemming from actions taken by Plaintiffs predecessor-in-interest. Plaintiff opposes Defendants motion.
Legal Standard
Motions for leave to file a Cross-Complaint are governed by Code Civ. Proc. § 428.50, which provides:
(a)
A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint.
(b)
Any other cross-complaint may be filed at any time before the court has set