KUNAU VS. CITY OF REDDING, ET AL.

CASE NUMBER: 24CV-0205953 Tentative Ruling on Motion for Leave to File Cross-Complaint: Defendant/Cross-Defendant City of Redding moves for leave to file a Cross-Complaint against Defendant/Cross-Complainant Sysco Sacramento, Inc. Sysco Sacramento, Inc. filed a limited opposition that does not oppose the merits of the motion, but seeks a continuance of the September 10, 2026 trial date should the motion be granted. The City of Redding argues that a continuance is not necessary. Although Plaintiff Cody Kunau was served with the Motion and Opposition, Plaintiff did file a response.

Cross-complaints are to be filed at the same time as the Answer. However, a party may obtain leave of Court to file a cross-complaint at any time. Leave may be granted in the interest of justice. CCP § 428.50. Allowing the City of Redding to file the proposed Cross-Complaint is in the interest of justice. Sysco Sacramento, Inc.’s request for a continuance is reasonable.

The motion is GRANTED. A proposed Cross-Complaint was not lodged, therefore, the City of Redding will need to file the Cross-Complaint. The City of Redding is granted ten days leave to file the Cross-Complaint. The September 10, 2026 trial date is vacated. Discovery will remain open and all discovery deadlines will be based on the new trial date. The parties are ordered to meet and confer prior to the hearing regarding proposed dates for trial and appear to set a new trial date. The City of Redding provided a proposed Order that will be modified to reflect the Court’s ruling.

MCCLOSKEY VS. CITY OF REDDING, ET AL.