Excerpt: ...t made the required affirmative showing of good cause necessary to continue the trial date. (See Cal. R. Ct., Rule 3.1322(a) ["[T]he dates assigned for trial are firm. All parties and their counsel must regard the date set for trial as certain."]; Cal. R. Ct., Rule 3.1322(c) ["[C]ontinuances of trials are disfavored[.]"].) Among other things, the present trial date in this action was set on April 17, 2019, and Defendants have not demonstrated to ...

Excerpt: ...d requiring off-the-clock work. (See, e.g., Complaint, paras. 60, 61.) Plaintiff's Complaint alleges a single cause of action under the Private Attorneys General Act ("PAGA"). Plaintiff's Complaint is brought on behalf of herself, other aggrieved employees, and the State of California. Plaintiff's Complaint seeks civil penalties, attorney fees, and interest from Defendants. (See Complaint, para. 33.) Plaintiff's Complaint does not seek any indivi...

Excerpt: ... CCP sec. 430.10(e); but see Angie M. v. Sup. Ct. (1995) 37 Cal.App.4th 1217, 1227 ["Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been [previously] given."].) "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause...

Excerpt: ...se." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) DEMURRER Defendants demur to each of the FAC's two causes of action brought against the demurring Defendants. The court notes that although the caption on Plaintiff's SAC enumerates three causes of action, the body of the SAC contains onl...

Excerpt: ...nt Anne J. Levesque's mesothelioma. Plaintiff's Complaint, filed on December 1, 2017, pleaded seven causes of action for negligence, strict liability, negligent misrepresentation, fraud by nondisclosure, vicarious liability based on respondeat superior, premise owner/contractor liability, and loss of consortium. The Complaint also demands punitive damages. Defendant now seeks summarily judgment, or, in the alternative, summary adjudication of the...

Excerpt: ...mplaint alleging the same causes of action. A second Amended Complaint was filed on 6/14/2019. Plaintiffs allege that they were working at a construction site when the elevated platform on which they were working collapsed, causing them to fall and sustain serious injuries. It is unclear from the complaint precisely what role the defendants had in causing plaintiffs' injuries, as defendants are not plaintiffs' employer. It appears defendants prov...

Excerpt: ... truck. The complaint was not served on Martinez until 5/10/2019. On 5/15/2019 Martinez filed an answer in pro per. Martinez retained counsel and a verified answer to the complaint for defendant TSTT was filed on 8/28/2019. Defendants TTST and Martinez filed this motion for leave to amend answer on 10/4/2019. The proposed amended answer simply consolidates the respective answers filed by Martinez and TTST. The proposed amended answer is in all ot...

Excerpt: ... accounts. While the injunction is in place, should Defendant wish to make a withdrawal related to his services as medical director or for any other purpose, Defendant must first present the request to the full Board of Directors. Only upon written approval of the full Board of Directors may the withdrawal be made. The court does not impose as a condition of the preliminary injunction a bond or undertaking. (See CCP sec. 529(a).) In deciding whet...

Excerpt: ...of consortium. The Complaint also demands punitive damages. Four of the Complaint's causes of action are brought against the moving Defendant: negligence, strict liability, negligent misrepresentation, and fraud by nondisclosure. Defendant now seeks to summarily adjudicate the causes of action for negligent misrepresentation and fraud by nondisclosure. Defendant also seeks to summarily adjudicate Plaintiffs' request for punitive damages. Defendan...

Excerpt: ...wever, the Court is not convinced that satisfactory amendment in regards to punitive damages is not possible. Accordingly, as to the Moving Defendants, the motion to strike is GRANTED WITH LEAVE TO AMEND. Plaintiffs must file an amended complaint no later than January 2, 2020. "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: . . . [s]trike out any irrelevant, false, or improper matter inserted ...

Excerpt: ...ions in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in te...

Excerpt: ... 430.10(e); but see Angie M. v. Sup. Ct. (1995) 37 Cal.App.4th 1217, 1227 ["Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been [previously] given."].) "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of actio...

Excerpt: ...t made the required affirmative showing of good cause necessary to continue the trial date. (See Cal. R. Ct., Rule 3.1322(a) ["[T]he dates assigned for trial are firm. All parties and their counsel must regard the date set for trial as certain."]; Cal. R. Ct., Rule 3.1322(c) ["[C]ontinuances of trials are disfavored[.]"].) Among other things, the present trial date in this action was set on April 17, 2019, and Defendants have not demonstrated to ...

Excerpt: ...ding actively discouraging meal breaks, and requiring off-the-clock work. (See, e.g., Complaint, paras. 60, 61.) Plaintiff's Complaint alleges a single cause of action under the Private Attorneys General Act ("PAGA"). Plaintiff's Complaint is brought on behalf of herself, other aggrieved employees, and the State of California. Plaintiff's Complaint seeks civil penalties, attorney fees, and interest from Defendants. (See Complaint, para. 33.) Plai...

Excerpt: ...) on the grounds that Plaintiffs failed to timely file an amended complaint, failed to seek leave of court to do so after the permitted time expired, and failed to provide the Court with a valid reason for the delay. (See Ntc. of Mtn., p. 2; Def.'s Memo., pp. 3-4.) Defendants have submitted evidence that Plaintiffs failed to timely file their SAC after Defendants' demurrer to the First Amended Complaint ("FAC") was sustained, and that Plaintiffs'...

Excerpt: ... equitable grounds even if statutory relief is unavailable." (Rappleyea v. Campbell (1994) 8 Cal. 4th 975, 981.) "One ground for equitable relief is extrinsic mistake-a term broadly applied when circumstances extrinsic to the litigation have unfairly cost a party a hearing on the merits." (Id.; see also Weitz v. Yankosky (1966) 63 Cal. 2d 849, 854-855.) In order to receive equitable relief for extrinsic mistake, the moving defendant must meet thr...

Excerpt: ...ial Interrogatory No. 19; Special Interrogatories, Set Three, Special Interrogatory No. 20; Special Interrogatories, Set Three, Special Interrogatory No. 21; and Special Interrogatories, Set Three, Special Interrogatory No. 22. The further responses must be served within 30 days from the date of service of notice of entry of this Order, as modified for method of service under Code of Civil Procedure section 1013. Defendant's primary argument in o...

Excerpt: ...duled for January 27, 2020. As noted in the moving papers, a motion for summary adjudication generally must be heard at least 30 days before trial. (See CCP sec. 473c(a)(3).) However, the Court for good cause can order otherwise. (See id.) Here, the Court finds several reasons constituting good cause for allowing the hearing on the motion for summary adjudication to be heard less than 30 days before trial. Defendants have provided evidence that t...

Excerpt: ...l, causing injury. Plaintiff subsequently brought this action against Defendant, who he alleges owns and operates the Altamont Landfill. Plaintiff's Complaint alleges three causes of action against Defendant - negligence, premises liability, and negligence per se - each of which sound in negligence and carry the elements of duty, breach, causation, and damages. Defendant now moves for summary judgment, arguing all of the Complaint's causes of act...

Excerpt: ... closing arguments made at trial readily support the jury's findings against defendant on the issues of whether substantial evidence supports the jury's verdict, and whether the specific amounts of damages awarded by the jury were excessive. In addition, the Court rejects defendant's assertions that new trial is warranted due to purported errors of law, orders of the court, or claimed abuses of discretion and irregularities in the proceedings, wh...

Excerpt: ...Defendant argues the Courts of the State of Alaska would be a better jurisdiction for Plaintiff's claims to be heard. "Forum non conveniens is an equitable doctrine invoking the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere." (Investors Equity Life Holding Co. v. Schmidt (2011) 195 Cal.App.4th 151...

Excerpt: ...d to be heard in January of 2020. By providing an ample amount of time to amend, the Court is attempting to allow Plaintiffs the opportunity to prepare, file, and serve a single amended complaint that takes into account each of the orders on the various motions to strike, including this motion and the other pending motions. This action arises out of an alleged incident that occurred on a moving walkway installed at a supermarket by the Moving Def...

Excerpt: ...rosecuting Plaintiff as part of People of the State of California v. Harrison, Alameda County Superior Court case no. A132658 (the "Criminal Case"), which resulted in Plaintiff's conviction in 2011. Specially, in this civil action, Plaintiff alleges the Moving Defendants' prosecutorial conduct in the Criminal Case has violated Plaintiff's rights to a fair trial, due process, and a constitutional right to a speedy trial. The Moving Defendant now s...

Excerpt: ...ready amended its pleading once as a matter of right. (See CCP sec. 472.) Nonetheless, the Court now deems the SAC filed, as of October 15, 2019. As the SAC is the operative pleading, ILTS LLC's demurrer to the FAC is MOOT. ILTS LLC shall respond to the SAC, by answer, demurrer, or other procedural device permitted by the Code of Civil Procedure, no later than December 5, 2019. The Court does not reach the substantive arguments of the present dem...

Excerpt: ...se of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true. . . ." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593...

Excerpt: ...Trust (Dated August 20, 1997) is DISMISSED. STANDARD OF LAW FOR DEMURRER "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996; see also CCP sec. 438 [discussing motions for judgment on the pleadings]; Cloud v. Northrup Grumman Corp. (1998) 67 Cal.App.4th 995, 999 [same].) The Court must determine "whether the complaint alleges facts sufficient to state a c...

Excerpt: ...ther, it is QUASHED. Tri-Center Health Center may produce its records related to Plaintiff in regards to August 13, 2018. Plaintiff has filed an action against Defendants alleging various causes of action related to injuries related to an allegedly defective food product she claims was sold to her by Defendants. In her First Amended Complaint ("FAC"), among other allegations, Plaintiff alleges, after purchasing the food product from Defendants sh...

Excerpt: ...response to the Tenth Cause of Action or additional affirmative defenses related to the Tenth Cause of Action. Defendant is not permitted, at this time, to amend any other portion of her previously-filed Answer. "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause o...

Excerpt: .... . . ." Defendant has not filed any opposition to the motion or made any argument contesting Plaintiff's right to recover principal in the amount of $2,898.00. (See CCP sec. 438.) Should Defendant submit a late-filed opposition, the Court exercises its discretion to disregard any such late-filed document. (Cal. R. Ct., Rule 3.1300(d).) Plaintiff's motion is GRANTED WITHOUT LEAVE TO AMEND. Although the motion also seeks costs pursuant to the Memo...

Excerpt: ... rough approximation of plaintiff's total recovery and the settlor's proportionate liability, the amount paid in settlement, . . . a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial, . . . the financial conditions . . . of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants." (Tech-Bilt, Inc. v. Wo...

Excerpt: ...e policy favoring leave to amend is strong. (See Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761.) Here, the main purposes of Plaintiffs' proposed amendment is to assert an affirmative defense based on waiver and estoppel. (See Dec. K. Jones, para. 7.) Trial in this matter is set for October 13, 2020, almost one year away. While Plaintiffs accuse Defendant of delay, the amount of time between the initial Answer and the filing of this mo...

Excerpt: ...ing OE3 as the ACMEA Union; (c) representing OE3 as the current representative of AMCA members regarding the terms and conditions of employment; (d) representing ACMEA and ACMEA members regarding corporate affairs, elections, and terms and conditions of employment, other than the notice of transfer of files and preservation of deadlines during the transfer; (e) obstructing ACMEA's demand to turn over files regarding representation of ACMEA member...

Excerpt: ...(See CCP sec. 430.10(e), (f).) "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true. . . ." (Del E. ...

Excerpt: ...ing leave to amend is strong. (See Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761.) Here, the main purpose of Plaintiffs' proposed amendment is to add a cause of action for retaliation alleging she was forced to resign a faculty position by Defendant in retaliation for seeking to enforce her rights. Plaintiff does not seek to add additional defendants to the action. Trial in this matter has not yet been scheduled. Given the length of t...

Excerpt: ... the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true . . . ." (Del E. Webb Corp. v. Structural Materials Co. (1981) 1...

Excerpt: ...e liability, the amount paid in settlement, . . . a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial, . . . the financial conditions . . . of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants." (Tech-Bilt, Inc. v. Woodward-Clyde and Assocs. (1985) 38 Cal. 3d 488, 499.) The Court finds the settlem...

Excerpt: ...endant's counsel 38.8 megabytes of digital images containing over 148 files of business records responsive to the request for production of documents at issue in this motion. (See Dec. C. Brose in Opp. to Motion to Compel Further Resp. to Doc. Prod., filed 10/17/2019 ["Dec. C. Brose"], para. 1, Exh. C.) This production was verified and was in addition to 1,100 pages of documents earlier served in this action. (Id. at para. 6.) Puzzlingly, Defenda...

Excerpt: ...opposition to this motion to compel its deposition. On October 17, 2019, Romesh Inc. did file a declaration in opposition to a separate pending motion to compel, but that declaration did not specifically address the deposition at issue here. (See Dec. C. Brose in Opp. to Motion to Compel Further Resp. to Doc. Prod., filed 10/17/2019 ["Dec. C. Brose"].) Accordingly, in the absence of any information to the contrary, the Court presumes Romesh Inc.'...

Excerpt: ... of action alleges that within the last four years Defendant became indebted to Plaintiff on an open book account for money due, and count 2 of the second cause of action alleges that within the last four years Defendant became indebted to Plaintiff because an account was stated in writing between the parties in which it was agreed that Defendant was indebted to Plaintiff. (Complaint, para. CC-1(a)(1), (2).) In the instant motion, Plaintiff intro...

Excerpt: ... Tejon Real Estate, LLC v. Los Angeles (2014) 223 Cal.App.4th 149, 156 [holding that a demurrer is properly sustained where a plaintiff "fail[s] to adequately plead exhaustion of administrative remedies."].) Here, Plaintiff admits the administrative process is ongoing in his FAC. (See FAC, para. 88 [discussing the "pending administrative proceedings"].) Administrative exhaustion is jurisdictional. (Campbell v. Regents (2005) 35 Cal. 4th 311, 321....

Excerpt: ...ted service. Service of summons can be completed by substituted service, whether the party to be served is an individual or an entity. (See CCP sec. 415.20.) However, if the party to be served is an individual, the plaintiff must demonstrate reasonable diligence in attempting personal service first, before substituted service on that defendant can be effective. (See CCP sec. 415.20(b).) Here, Defendant has submitted evidence that it is not a corp...

Excerpt: ...iff's request is DENIED AS MOOT. The parties appear to be in agreement that further responses to these interrogatories were served shortly prior to or on the same day as Dr. Ereso's opposition to this motion. (See Pltf.'s Reply, p. 1; Def.'s Sep. St.) If Plaintiff remains unsatisfied with Defendant's responses and further responses to these interrogatories, Defendant must first make attempts to reinitiate the meet and confer and Informal Discover...

Excerpt: ...ndant's current responses to Form Interrogatory 17.1 to be incomplete (and possibly evasive) in that they are not responsive to the interrogatory and the requests for admissions that were actually posed. The interrogatory and corresponding requests for admission ask Defendant to state all facts regarding whether pilot salaries and pilot benefits had been invoiced "at cost" or "marked up." Defendant's responses merely reference certain sections of...

Excerpt: ...e demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties." Here, on October 2, 2019, Plaintiff elected to file and serve a First Amended Complaint ("FAC") rather than oppose Defendant's pending Demu...

Excerpt: ...n his motion, Plaintiff seeks a protective order under section 2025. 420, arguing he himself is not competent to testify, due to the injuries he suffered in the incident that is the subject of this lawsuit. Therefore, Plaintiff argues, the Court should issue an order preventing or limiting the other parties' ability to depose him. Evidence Code section 701(a) provides that "[a] person is disqualified to be a witness if he or she is: (1) Incapable...

Excerpt: ... to determine the order of proof in the interests of judicial economy." (Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504.) "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial . . . of any . . . issues . . . ." (CCP sec. 1048(b).) The "court may, when the convenience of witnesses, the ends of justice, or the economy and ef...

Excerpt: ...ction 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $2,500.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health and Safety Code section 25249.7(b); and (E) and the allocation of any additional settlement payments to Plaintiff is in the public interest as set forth in Code of Regulations, title 1...

Excerpt: ... face of the challenged pleading or from any matter of which the court is required to take judicial notice." (CCP § 438(d).) A defendant may only make this motion if "the defendant has already filed his or her answer to the complaint and the time for the defendant to demur to the complaint has expired." (CCP § 438(f)(2).) While Code of Civil Procedure section 438 includes various time limits for raising the motion, it is generally understood th...

Excerpt: ...rch or theories, which is never discoverable], is not discoverable unless the court determines that denial of discovery will unfairly prejudice the party seeking discovery in preparing that party's claim or defense or will result in an injustice." Here, the parties agree, or at least do not actively dispute, that the purported surveillance video of June 9, 2018, which was taken at the direction of Defendants' attorneys as part of their preparatio...

Excerpt: ...e section 473(b). (See CCP sec. 473(b) ["The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect [and such application] shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken."...

Excerpt: ...mplaint is DENIED. DEMURRER Cross-Defendants have demurred to the Cross-Complaint's sixth cause of action for "tort of another," and only to that cause of action. "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) ...

Excerpt: ... tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial not...

Excerpt: ...ndment of any pleading. . . ." (CCP sec. 576.) The policy favoring leave to amend is strong. (See Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761.) Here, the main purpose of Oakland Unified's proposed amendment is to add to the FACC as cross- defendants: (1) Gateway Insurance Company, Inc., doing business as Alano Insurance Company, Inc. ("Alano"), and (2) Michael G. Jordan, an individual. Alano is allegedly an insurer who has or had a ...

Excerpt: ...led until it is updated to comply with this Court's prior orders. Plaintiff received leave to amend her Complaint, and indeed was ordered to do so, pursuant to the demurrer and motion to strike of Defendant Burger King Corporation ("BK"), which were set for hearing in this Court on June 6, 2019. The First Amended Complaint that Plaintiff proposes as part of the present Motion, which she prepared prior to the hearing date on BK's demurrer and moti...

Excerpt: ...this matter . . . and must motion the court to dismiss without prejudice." Dismissal of the Entire Action without prejudice was entered on May 8, 2019. Based on the foregoing, Defendant's motion to compel is DROPPED. Defendant's request for monetary sanctions is DENIED. Even if the request for sanctions could survive the dismissal of the entire action, which Defendant has not argued, the Court finds the circumstances of the dismissal, which was s...

Excerpt: ...ode section 3294(b), as discussed below. Should Plaintiff find it appropriate to add additional causes of action to help support its claims for punitive damages, that is permissible under this order; however, without a separate order from the Court, Plaintiffs may not add causes of action unrelated to punitive damages or new defendants. This action arises out of an alleged incident that occurred at a construction site at 3093 Broadway in Oakland,...

Excerpt: ...ndant County's demurrer to Plaintiff's First Amended Complaint ("FAC") on January 24, 2019 and granted leave to amend within 10 court days "following service of th[e] order as modified for method of service by CCP section 1013." (Order Sustaining Demurrer of 1/24/2019, p. 4.) The Order was then served by mail on February 7, 2019. (See Dec. Serv. By Mail re: Order After Hearing Re: of 1/24/2019, dated 2/7/2019.) In addition, Defendant County serve...

Excerpt: ...r the permitted time expired, and failed to provide the Court with a valid reason for the delay. Defendant has submitted evidence that Plaintiffs failed to timely file their FAC after Defendant's demurrer to the SAC was sustained, filing the FAC at least one week too late. (See Barlev Dec., para. 9; Def.'s Memo., p. 2:13- 20.) In response, Plaintiffs do not argue the FAC was timely filed, but instead attempt to persuade the Court to use its discr...

Excerpt: ...ear to have complied with this Court's Case Management Order of April 27, 2018 to utilize best efforts to obtain new counsel. Defendant failed to appear with counsel at the Case Management Conference of June 14, 2018. Defendant failed to appear at all at the Case Management Conference of October 3, 2018. According to Plaintiff's evidence, Defendant has failed and refused to provide available deposition dates for Defendant's chief executive. Defen...

Excerpt: ...r the Song-Beverly Consumer Warranty Act ("Song-Beverly Act"), "[a]ny buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contract may bring an action for the recovery of damages and other legal and equitable relief." (Civ. Code sec. 1794(a).) "If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover...

Excerpt: ...r the Song-Beverly Consumer Warranty Act ("Song-Beverly Act"), "[a]ny buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contract may bring an action for the recovery of damages and other legal and equitable relief." (Civ. Code sec. 1794(a).) "If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover...

Excerpt: ...e action." (CCP sec. 428.50(c); see also CCP sec. 428.10 [setting forth the types of causes of action that can be asserted in a cross-complain].) Here, the interests of justice do not support allowing Defendant to file a cross- complaint at this time. Defendant seeks to add third parties to the action as cross- defendants. (See Exh. A to Tong Dec.) "A greater showing of 'interest of justice' is required to obtain leave to file a cross-complaint a...