TENTATIVE RULING
Nucco's motion for leave to file a cross-complaint is GRANTED.
Preliminary Matters
Nucco's objections, asserted in its reply brief, to the entirety of Catharine Brown and John Howard's declarations and exhibits are overruled.
Discussion
Nucco initiated this action by filing a petition for dissolution of corporation against NNM. NNM filed a cross-complaint against Nucco and others.
Nucco, which is a member of NNM, now moves for leave to file a member derivative cross-complaint on behalf of NNM. NNM opposes.
A party who fails to plead a cause of action "whether through oversight, inadvertence, mistake, neglect, or other cause," may seek leave to amend to assert such cause at any time. CCP § 426.50. Leave to amend should be liberally granted. Id. For the Court to deny leave on the basis of bad faith, the opposing party must present substantial evidence. Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 100 (bad faith is defined as generally as actual or
Hearing Date
December 17, 2020
Category
Civil - Unlimited
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TENTATIVE RULING
Nucco's motion for leave to file a cross-complaint is GRANTED.
Preliminary Matters
Nucco's objections, asserted in its reply brief, to the entirety of Catharine Brown and John Howard's declarations and exhibits are overruled.
Discussion
Nucco initiated this action by filing a petition for dissolution of corporation against NNM. NNM filed a cross-complaint against Nucco and others.
Nucco, which is a member of NNM, now moves for leave to file a member derivative cross-complaint on behalf of NNM. NNM opposes.
A party who fails to plead a cause of action "whether through oversight, inadvertence, mistake, neglect, or other cause," may seek leave to amend to assert such cause at any time. CCP § 426.50. Leave to amend should be liberally granted. Id. For the Court to deny leave on the basis of bad faith, the opposing party must present substantial evidence. Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 100 (bad faith is defined as generally as actual or