17CV42160
CROSS-DEFENDANT’S MOTION FOR RECONSIDERATION
OF ORDER GRANTING LEAVE TO THE FOURTH AMENDED
CROSS-COMPLAINT
Cross-Defendant moves for reconsideration of the order granting leave to file a Fourth
Amended Cross-Complaint.
The Fourth Amended Cross-Complaint (filed January 22, 2024) was filed to include as
parties all Tryon family members in title to the subject real property. These persons were
added to the lawsuit “as a technical matter.” The latest cross-complaint was filed after a
January 19, 2024, hearing where the Court granted leave to file the Fourth Amended
Cross-Complaint. Cross-defendant argues for reconsideration of this ruling because
cross-complainant had inexcusably delayed the request, that actual prejudice to the
parties exists, and procedurally that facts in support of the motion were improperly
included in the reply brief instead of the moving pleadings.
In ruling on the request to grant leave to file a Fourth Amended Cross-Complaint, the
court ga