2016-00204441-CU-BT

Folsom Ready Mix-Anderson, LLC vs. Randy David Barnes

Nature of Proceeding: Motion to File 2nd Amended Cross-Complaint

Filed By: Cozens, Philip

Defendants and Cross-Complainants Randy Barnes and Central Valley CDL Services, LLC’s Motion for Leave to File Second Amended Cross Complaint is GRANTED.

On Dec. 6, 2016, Plaintiffs Folsom Ready-Mix Anderson LLC and Folsom Ready-Mix, Inc. filed their verified complaint in this action. That complaint alleges 10 causes of action against the defendants Randy Barnes, Jeri F. Barnes and Central Valley CDL Services, LLC: the 1st for conversion of assets from Folsom Ready Mix – Anderson, the 2nd for conversion of assets from Folsom Ready Mix, Inc., the 3rd for breach of fiduciary duty, the 4th for negligence, the 5th for constructive fraud, the 6th for conspiracy to defraud, the 7th for unjust enrichment, the 8th for imposition of constructive trust, the 9th for specific performance and the 10th for injunctive relief.

On January 25, 2017, Defendants Randy Barnes, Jeri F. Barnes and Central Valley CDL Services, LLC filed their Answer to the Plaintiffs’ complaint.

On October 11, 2017, defendants and cross-complainants Randy Barnes and Central Valley CDL Services, LLC filed their original Cross-complaint, naming as cross-defendants Folsom Ready-Mix Anderson LLC and Folsom Ready-Mix, Inc. and adding a new party cross-defendant Scott Silva. No leave of court was requested.

On Nov. 13, 2017, following meet and confer with plaintiffs/cross-defendants’ counsel, defendants and cross-complainants Randy Barnes and Central Valley CDL Services, LLC filed their First Amended Cross-complaint. Again, no leave of court was requested.

On Dec. 19, 2017, the Court granted the motion to strike by plaintiffs/cross defendants of both the original Cross-complaint filed October 11, 2017 and the First Amended Cross-complaint filed Nov. 13, 2017, for failure to comply with C.C.P., sec. 428.50.

Counsel for Randy Barnes and Central Valley CDL Services, LLC has now requested leave of Court file a Second Amended Cross-complaint.

The motion is opposed by Plaintiffs Folsom Ready-Mix Anderson LLC and Folsom Ready-Mix, Inc. on the grounds that moving counsel has been dilatory and is acting in bad faith as the allegations of the Second Amended Cross-complaint are contradicted by facts disclosed in discovery. The Court declines to make that determination on the record before it. No clear prejudice has been shown. Any request for additional discovery by plaintiffs and cross-defendants shall be brought by separate motion.

A judge may grant leave to file a cross-complaint in the interest of justice at any time during the course of the action. Code of Civil Procedure sections 428.50, 428.10.

Defendants and cross-complainants shall submit an original Second Amended Cross-complaint to the Court for filing, and serve the Second Amended Cross-complaint on all parties, not later than Monday, Feb. 5, 2018. The responsive pleadings shall be due filed and served 30 days thereafter (35 days if service is by mail.)