No Cross-Complaint Needed - Court of Appeal Clarifies Co-Defendants May Oppose Each Other’s Summary Judgment Motions Without a Cross-Complaint
October 27, 2025 —
Haight Brown & Bonesteel LLPOn September 29, 2025, the Second District Court of Appeal issued an opinion in Bean v. City of Thousand Oaks (B338497), holding that a co-defendant with an adverse interest can oppose a motion for summary judgment without having filed a cross-complaint against the moving party.
Plaintiff Bonnie Bean tripped and fell on a raised section of sidewalk in front of a Ventura County residence. She sued both the City of Thousand Oaks and Gina Goode, the owner of an adjacent property, alleging that tree roots from Goode’s yard caused a sidewalk defect.
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