| Case | County / Judge | Motion | Ruling | Date |
|---|
MOTION FOR LEAVE TO File Cross-Complaint
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC25629704 - May 15, 2026 Hearing date: May 15, 2026 Case number: CGC25629704 Case title: YULIYA I. TANGIYEVA VS. DONALD DI BASILIO ET AL Case Number: | | CGC25629704 | Case Title: | | YULIYA I. TANGIYEVA VS. DONALD DI BASILIO ET AL | Court Date: | | 2026-05-15 09:00 AM | Calendar Matter: | | MOTION FOR LEAVE TO File Cross-Complaint | Rulings: | | On the Law & Motion / Discovery calendar for May 15, 2026, line 9. DEFENDANTS DONALD DI BASILIO, KIET TRINH'S MOTION FOR LEAVE TO File Cross-Complaint.
Defendant Kiet Trinh's unopposed Motion to File Cross-Complaint is GRANTED. Leave to file a cross-complaint "may be granted in the interest of justice at any time during the course of the action." (Code of Civil Procedure section 428.50(c).) "A motion to file a cross-complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrated where forfeiture would otherwise result. Factors such as oversight, inadvertence, neglect, mistake or other cause, are insufficient grounds to deny the motion unless accompanied by bad faith." (Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 99.) Good cause appearing, the court grants Moving Defendant leave to file the proposed cross-complaint. Moving Defendant must file its cross-complaint, substantially identical to Exhibit A to the Shem Declaration, within ten days of entry of this order. Moving counsel is instructed to correct its caption; it currently states counsel is representing Trinh and DiBasilio, which created some unnecessary confusion in adjudicating this motion. Moving Defendant is ordered to prepare a proposed order which repeats the above text verbatim and email it to contestdept302tr@sftc.org prior to the time set for hearing.
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.
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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) | |