Case Name: Jason & Shanna Pacheco v. Henry & Jasmine Gong
Case No.: 2015-1-CV-277367

This is an action primarily alleging a breach of a lease option/purchase agreement concerning real property. Presently before the Court are the following motions: 1) A motion for leave to file a third amended cross-complaint, brought by Defendants/Cross-Complainants Henry and Jasmine Gong (“Gongs”); 2) a demurrer to the Gongs’ operative second amended cross-complaint brought by Plaintiffs/Cross-Defendants Jason and Shauna Pacheco (“Pachecos”), and; 3) A motion to compel further responses to requests for production of documents brought by the Gongs.

The motion for leave to file a third amended cross-complaint is GRANTED. The Court’s prior order of March 24, 2016 stated this is the appropriate method for the Gongs to add new cross-claims, and the Pachecos have not demonstrated they will suffer any actual prejudice from the amendment. The new cross-complaint shall conform to the proposed third amended cross-complaint attached as Exhibit B to the declaration of Naren Chaganti filed with the motion.

The Pachecos’ demurrer to the existing second amended cross-complaint is OVERRULED as MOOT in light of the Court’s ruling granting the motion for leave to file a third amended cross-complaint. This ruling is without prejudice to the Pachecos’ ability to restate any grounds properly stated in this demurrer in any subsequent demurrer to the third amended cross-complaint.

The Gong’s motion to compel further responses to requests for production of documents is DENIED. The Gongs have failed to file the separate statement required for such motions. (See Cal. Rule of Court 3.1345.)