DGDG 18, LLC vs. EBONAE WEBB-POSEY

Case No. CU25-08730

Motion to Strike Cross-Complaint

C.C.P. §436(b) authorizes the court on motion to “Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.”

A cross-complaint may be filed by a party named as a defendant by a complaint (or as a cross-defendant in a cross-complaint) filed in that same action. C.C.P. §428.10.

EBONAE WEBB-POSEY (“WEBB-POSEY”) filed a cross-complaint in an action in which no complaint was ever filed against her.

That alone would justify the court’s striking of the cross-complaint, but there is more.

Absent grounds for revoking of any contract, an agreement in writing to submit disputes to arbitration is enforceable. C.C.P. §1281.

WEBB-POSEY signed the written purchase agreement, and in fact was the party who initiated arbitration of her claims, which later grew to include the cross-claims of DGDG against her.

Any pleading filed after the parties agreed to arbitration, and submitted to arbitration, is improper.

When a claim is submitted to arbitration, and an arbitration award is issued, a party can either petition the court to confirm the award as a judgment under C.C.P. §1285, or petition the court to vacate the award under C.C.P. §1286.2.

Thus, for multiple reasons, WEBB-POSEY’s filing of a cross-complaint is improper, and is hereby stricken in its entirety, without leave to amend.

Parties are to appear for the Case Management Conference set for the same date and time as hearing on this motion. The court intends to set a hearing date for the crosspetitions filed as to confirmation or vacating of the arbitration award.

HORACE FLOYD vs. ERIC TAGGESELL; ET AL.