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

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

Tentative Ruling - 08/21/2026 Joscelyn Jones

On Defendant Chao Yun Wu’s Ex Parte Application for Leave to File/Serve Cross-Complaint for Indemnity and Contribution, PARTIES ARE TO APPEAR (by Zoom, if they prefer.)

The Court is currently inclined to deny the application. However, the parties may appear to address the following issues.

Wu should be prepared to address what prejudice he will suffer if he is not permitted to serve his Cross-Complaint on the City of Fremont now, only two weeks before trial. Wu should also address why, if he contends the indemnity claim in the Cross-Complaint is a necessary part of this case, he did not serve any discovery related to his Cross-Complaint, or take any action (for example, request entry of the City’s default on the Cross-Complaint) when the City failed to file an Answer or other responsive pleading to the Cross-Complaint within the two years after it was filed.

The City should be prepared to address what prejudice it would suffer if the Court were to allow service of the Cross-Complaint at this time. More specifically, the City should address what issue(s) is raised in Wu’s Cross-Complaint that has not already been the subject of discovery and actively litigated in this case.