ROSALIND ARBEL VS. DOMINIC D YIN ET AL
Case Information
Motion(s)
MOTION FOR LEAVE TO File Cross-Complaint
Motion Type Tags
Other
Parties
- Plaintiff: ROSALIND ARBEL
- Defendant: DOMINIC D YIN
- Defendant: THE DOMINIC D YIN REVOCABLE LIVING TRUST
Ruling
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC23604116 - October 6, 2025 Hearing date: October 6, 2025 Case number: CGC23604116 Case title: ROSALIND ARBEL VS. DOMINIC D YIN ET AL Case Number: | | CGC23604116 | Case Title: | | ROSALIND ARBEL VS. DOMINIC D YIN ET AL | Court Date: | | 2025-10-06 09:00 AM | Calendar Matter: | | MOTION FOR LEAVE TO File Cross-Complaint | Rulings: | | On the Law and Motion / Discovery calendar for October 6, 2025, line 3 DEFENDANT DOMINIC YIN INDIVIDUALLY AND AS TRUSTEE OF THE DOMINIC D YIN REVOCABLE LIVING TRUST MOTION FOR LEAVE TO File Cross-Complaint
Defendant Dominic D. Yin's motion for leave to file a 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. The court notes trial is set for November 10. 2025. But no party has opposed this motion or claimed prejudice if it is granted with the trial date in place. Under such circumstances, the court will not infer prejudice. Moving Defendant must file its cross-complaint, substantially identical to Exhibit A to the Wiener Declaration, within five days of entry of this order.
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