INSOURCE EMPLOYER SOLUTIONS, vs EXPERT STAFFING WEST, A CALIFORNIA CORPORATION
Motion for Leave to File a Cross-Complaint
Motion type
Parties
Attorneys
Ruling
2025CUCL051800: INSOURCE EMPLOYER SOLUTIONS, vs EXPERT STAFFING WEST, A CALIFORNIA CORPORATION 08/19/2026 in Department 20 Motion for Leave to File a Cross-Complaint
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With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling, you may email Courtroom20@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of sending an email. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. If you are the moving party and do not advise the Court that you submit on the tentative, or you do not appear at the hearing, the Court may deny your motion irrespective of the tentative.
Unless stated otherwise at the hearing, if a formal order is required but not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d), and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. ______________________________________________________________________________
Motion: Defendant Expert Staffing Wests (Defendant) Motion for Leave to File a Cross-Complaint
Tentative: Defendants unopposed Motion for Leave to File a Cross-Complaint is GRANTED. Defendant shall file and serve its proposed cross-complaint attached as Exhibit 4 to the declaration of Robert A. Kashfian on Plaintiff on or before August 28, 2026, and shall effect service upon the additional cross-defendants no later than 30 days after filing in accordance with Rule of Court, rule 3.110 (c).
The legislative mandate is clear. A policy of liberal construction of section 426.50 to avoid forfeiture of causes of action is imposed on the trial court. 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, 98-99).
2025CUCL051800: INSOURCE EMPLOYER SOLUTIONS, vs EXPERT STAFFING WEST, A CALIFORNIA CORPORATION
There is no evidence of bad faith. The Court finds that the interests of justice will be served, and good cause exists to grant the motion and allow the filing of the proposed cross-complaint pursuant to Code of Civil Procedure sections 426.50, 428.10 and 428.50.
Defendant shall give notice.
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