YULIYA I. TANGIYEVA VS. DONALD DI BASILIO ET AL
MOTION FOR LEAVE TO File Cross-Complaint
Motion type
Parties
Ruling
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.
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