Defendants City of Stockton and the City Council of Stockton (“Defendants”) filed a Motion to File a First Amended Cross-Complaint (“FAXC”). This Court finds that it would be an abuse of discretion to deny the Defendants’ motion to file the FAXC where there has been an insufficient showing of undue prejudice to the Plaintiff. Therefore, the Motion to file the FAXC is GRANTED. Defendants shall file the FAXC within 20 days of service of this ruling.
I. PROCEDURAL HISTORY OF THE CASE:
On September 20, 2019, Plaintiff filed his initial complaint for breach of contract, and violations of the California Public Records ACT (“CPRA”) and the Ralph M. Brown Act (“Brown Act”). On May 28, 2020 and July1, 2020, Defendants filed two demurrers to Plaintiff’s initial Complaint. This Court overruled both demurrers on August 28, 2020 and ordered Defendants to file a verified answer within 30 days of service of the Court’s order. Before Defendants filed their answer, both parties stipulated to Plaintif
Hearing Date
March 30, 2021
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Defendants City of Stockton and the City Council of Stockton (“Defendants”) filed a Motion to File a First Amended Cross-Complaint (“FAXC”). This Court finds that it would be an abuse of discretion to deny the Defendants’ motion to file the FAXC where there has been an insufficient showing of undue prejudice to the Plaintiff. Therefore, the Motion to file the FAXC is GRANTED. Defendants shall file the FAXC within 20 days of service of this ruling.
I. PROCEDURAL HISTORY OF THE CASE:
On September 20, 2019, Plaintiff filed his initial complaint for breach of contract, and violations of the California Public Records ACT (“CPRA”) and the Ralph M. Brown Act (“Brown Act”). On May 28, 2020 and July1, 2020, Defendants filed two demurrers to Plaintiff’s initial Complaint. This Court overruled both demurrers on August 28, 2020 and ordered Defendants to file a verified answer within 30 days of service of the Court’s order. Before Defendants filed their answer, both parties stipulated to Plaintif