| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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MOTION FOR LEAVE TO File Cross-Complaint Pursuant To Code Of Civil Procedure Section 426.50 Or In The Alternative Code Of Civil Procedure Section 428.50
Set for Law and Motion/Discovery Calendar on Thursday, April 16, 2026, Line 8. Defendants Rajesh Khanna, RNN, LLC and RK Management Consultants, Inc.'s unopposed Motion for Leave to File Cross-Complaint Pursuant To Code Of Civil Procedure Section 426.50 Or In The Alternative Code Of Civil Procedure Section 428.50 is GRANTED.
A party who fails to plead a cause of action may ask the court for leave to file a cross-complaint at any time during the action. (Code of Civil Procedure section 426.50.) The court shall grant the motion unless the opposing party can demonstrate that the party which failed to plead the cause of action acted in bad faith. (Id.) Section 426.50 is liberally construed to avoid forfeiture of causes of action. (Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 99.) Factors such as oversight, inadvertence, neglect, mistake, etc. are insufficient grounds to deny the motion unless accompanied by bad faith. (Id.)
Good cause appearing, the court grants Moving Defendants leave to file a cross-complaint substantially identical to Exhibit 1 to their motion. Defendants must file their cross-complaint within 15 days of this order. Prior to the time set for hearing, Moving Defendants shall lodge by email to contestdept302tr@sftc.org a proposed order repeating the above verbatim.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |
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