SANCHEZ vs CITY OF FREMONT, A GOVERNMENTAL ENTITY, et al.

24CV082581: SANCHEZ vs CITY OF FREMONT, A GOVERNMENTAL ENTITY, et al. 08/19/2026 Hearing on Ex Parte Application for Leave to File/Serve Cross Complaint for Indemnity and Contribution in Department 19

Tentative Ruling - 08/18/2026 Joscelyn Jones

The Hearing on Ex Parte Application for Leave to File/Serve Cross Complaint for Indemnity and Contribution scheduled for 08/19/2026 is continued to 08/24/2026 at 03:00 PM in Department 19 at Rene C. Davidson Courthouse.

The Ex Parte Application by Defendant Chao Yun Wu for Leave to File and Serve Cross- Complaint for Indemnity and Contribution is CONTINUED to August 24, 2026 at 3:00 p.m. in Department 19.

Defendant City of Fremont opposes the application, in part, on the grounds that Wu’s Cross- Complaint (1) fails to allege compliance with the Government Claims Act, and (2) fails to allege a statutory basis for the City’s liability for the claim in the Cross-Complaint.

The Court rejects Wu’s argument that the City should raise those issues in a demurrer or noticed motion. Trial is scheduled for September 9, 2026; there is no time for the City to schedule a properly noticed demurrer or other motion addressing the Cross-Complaint prior to trial.

By no later than August 20, Wu shall file and serve a supplemental brief of no more than five double spaced pages addressing (1) whether Wu is required to allege compliance with the Government Claims Act to assert an indemnity cross-claim against the City, and (2) whether Wu is required to allege a statutory basis for liability on his indemnity cross-claim against the City.

If Wu contends he has complied with the Government Claims Act, he shall attach a copy of the claim he presented to the City with his supplemental brief.

If Wu agrees that he is required to allege a statutory basis for liability on his indemnity crossclaim against the City, Wu shall identify the statutory basis for the City’s liability on the Cross- Complaint.

A courtesy copy of the supplemental brief must be delivered directly to Department 19 no later than 10 a.m. on August 21.