ANATOLIY LEBEDINSKIY v. PATRICK JOHN BOAL and JUAN MORALES PEREZ

Case No. CU25-00920

BOAL’s Motion for Leave to File Cross-Complaint

Defendant PATRICK JOHN BOAL (“BOAL”) moves for leave to file a cross-complaint against Plaintiff ANATOLIY LEBEDINSKIY.

Code of Civil Procedure section 428.10, subdivision (a) permits a party against whom a cause of action has been asserted in a complaint to file a cross-complaint against the initially complaining parties. Code of Civil Procedure section 428.50 allows a crosscomplaint against an initially complaining party to be filed after the cross-complaining party has answered the initial complaint only if the cross-complaining party obtains leave of court. BOAL has answered Plaintiff’s complaint against him and thus needs leave of court to file a cross-complaint against Plaintiff.

Where a proposed cross-complaint against an initial party is “compulsory,” meaning that it is asserted against the initial party and arises out of the same series of transactions or occurrences as the initial party’s complaint and therefore must be filed lest the would-be cross-complainant lose his right to assert his claims, leave to file the cross-complaint “shall” be granted “upon such terms as may be just to the parties” if the would-be crosscomplainant has “acted in good faith.” (Code Civ. Proc., §§ 426.10, 426.30, 426.50.)

A “permissive” cross-complaint, on the other hand, is one against a new party or one where the proposed claims do not relate to the same series of events as the initial party’s complaint, and is given leave for filing only in the court’s discretion. (Code Civ. Proc., § 428.50, subd. (c) [“interests of justice” standard]; Orient Handel v. United States Fid. & Guar. Co. (1987) 192 Cal.App.3d 684, 701.)

BOAL’s proposed cross-complaint relates to the same transactions or occurrences as Plaintiff’s complaint. BOAL alleges claims for indemnity and contribution related to the same motor vehicle collision underlying Plaintiff’s complaint. Challenges to the legal sufficiency of a proposed cross-complaint’s claims are matters for demurrer, not the motion for leave, which shall be granted absent bad faith. Plaintiff does not demonstrate bad faith on BOAL’s part in seeking leave.

BOAL’s motion for leave to file a cross-complaint is granted.

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