California Court of Appeal Clarifies Right of a Party to Oppose Summary Judgment Motions - Even Without Cross-Claims

August 06, 2025 — Haight Brown & Bonesteel LLP
The Court of Appeal, Fourth Appellate District, Division Two (Riverside) in RND Contractors, Inc. v. Superior Court (2025) issued a significant published decision. The California Court of Appeal addressed a previously unsettled question: can a co-defendant oppose another defendant’s motion for summary judgment when the plaintiff does not oppose it and no cross-claims exist between the defendants? The Court answered yes, holding that a party may oppose a motion for summary judgment if it is adverse to the moving party—even in the absence of cross-claims. The case arose from a construction site collapse that resulted in injury for one worker and the death of another. The plaintiffs sued multiple defendants, including the structural engineer and the steel framing contractor. The plaintiffs later declined to oppose the engineer’s summary judgment motion. However, the steel framing contractor and another defendant opposed the motion, arguing that the engineer’s negligent design contributed to the collapse. The trial court refused to consider their opposition, ruling that the two defendants lacked standing without a cross-claim against the structural engineer, and granted summary judgment. The Court of Appeal reversed, holding this refusal was error. Read the full story...
Reprinted courtesy of Haight Brown & Bonesteel LLP