What to do when the court has not ruled on a motioin for leave to amend cross-coomplaint that is under submission for more than 3 weeks when trial will be less than 3 weeks?

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What to do when the court has not ruled on a motioin for leave to amend cross-coomplaint that is under submission for more than 3 weeks when trial will be less than 3 weeks?

This is a limited non-jury trial involving breach of (construction) contract and fraud. Before trial date, can I appeal the non-ruling (which meant a denial since motion is not granted) or appeal if court eventually deny the motion?

Asked on February 22, 2013 under Business Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You cannot appeal the denial of the motion to file a cross complaint under the laws of all states until the entire matter is resolved. If the motion is denied, you need to file a petition for a writ of mandate. From what you have written about, I suggest that you consult with an attorney experienced in civil litigation.


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