Defendant Derek G. Leason’s unopposed Motion for leave to file Cross-Complaint is GRANTED.
Defendant’s Cross-Complaint submitted on August 14, 2019 must be filed as a separate document. Defendant must serve the cross-complaint according to Code.
Under California Code of Civil Procedure section 426.50, a party who fails to plead a cross-complaint through “oversight, inadvertence, mistake, neglect, or other cause” may be granted leave to file the cross-complaint if the party “acted in good faith”. Additionally, a defendant to file a cross-complaint against the plaintiff on any subject matter (CCP § 428.10(a)), or against any party if the cross-complaint arises from the “same transaction, occurrence, or series of transactions or occurrences”. (CCP § 428.10(b).)
Here, Defendant argues that his cross-complaint arises from a series of transactions or occurrences that are logically related, but there are no facts in his cross-complaint or motion to support his assertion. Therefore, the cross-
Hearing Date
November 14, 2019
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Defendant Derek G. Leason’s unopposed Motion for leave to file Cross-Complaint is GRANTED.
Defendant’s Cross-Complaint submitted on August 14, 2019 must be filed as a separate document. Defendant must serve the cross-complaint according to Code.
Under California Code of Civil Procedure section 426.50, a party who fails to plead a cross-complaint through “oversight, inadvertence, mistake, neglect, or other cause” may be granted leave to file the cross-complaint if the party “acted in good faith”. Additionally, a defendant to file a cross-complaint against the plaintiff on any subject matter (CCP § 428.10(a)), or against any party if the cross-complaint arises from the “same transaction, occurrence, or series of transactions or occurrences”. (CCP § 428.10(b).)
Here, Defendant argues that his cross-complaint arises from a series of transactions or occurrences that are logically related, but there are no facts in his cross-complaint or motion to support his assertion. Therefore, the cross-