Judge: Anne Hwang, Case: 21STCV32388, Date: 2024-03-22 Tentative Ruling

Case Number: 21STCV32388    Hearing Date: March 22, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

On September 1, 2021, Plaintiff Maya Sebastian (“Plaintiff”) filed a complaint against Defendants First Church of the Nazarene of Pasadena, Sunrise Preschool, and Does 1 to 50 for negligence and premises liability after an alleged slip and fall.

On June 29, 2023, Plaintiff filed an amendment to the complaint, substituting Allstate Building and Office Maintenance, Inc. as Doe 1.

On August 25, 2023, Defendant First Church of the Nazarene of Pasadena, individually and dba Sunrise Preschool, filed a cross complaint against Allstate Building and Office Maintenance, Inc. and Roes 1 to 50 for implied contractual indemnification, equitable indemnification, and declaratory relief.

On September 20, 2023, Allstate Building and Office Maintenance, Inc. (“Allstate”) answered the cross complaint.

             Allstate now moves for leave to file a cross complaint against First Church of the Nazarene of Pasadena, individually and dba Sunrise Preschool, for indemnity and declaratory relief. No opposition has been filed.

LEGAL STANDARD

A cross-complaint against any of the parties who filed the initial complaint or cross-complaint against the cross-complainant must be filed before or at the same time as the answer to the initial complaint or cross-complaint, which answer must be filed within 30 days of service of the complaint or cross-complaint.  (Code Civ. Proc. §§ 412.20(a)(3), 428.50(a), 432.10.)  Any other cross-complaint may be filed at any time before the court has set a trial date.  (Code Civ. Proc. §428.50(b).)   

If a party fails to file a cross-complaint within the time limits described above, he or she must obtain permission from the court to file the cross-complaint.  (Code Civ. Proc., §§ 426.50, 428.50(c).)  Leave to file a mandatory cross-complaint must be granted absent bad faith. (Silver Organizations, Ltd. v. Frank (1990) 217 Cal.App.3d 94, 99.)  Leave to file a permissive cross-complaint need only be granted in the interest of justice. (Code Civ. Proc., § 428.50(c).) The court must grant leave to file a mandatory cross-complaint so long as the defendant is acting in good faith.  (Code Civ. Proc., § 426.50.) 

A party against whom a cause of action has been asserted in a complaint or cross complaint may file a cross complaint setting forth “(a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him” or “[a]ny cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.” (Code Civ. Proc. § 428.10.)

DISCUSSION

Plaintiff alleges that she slipped in a bathroom on liquid caused by a mounted air freshener. Allstate contracted with Sunrise Preschool for maintenance and cleaning but assigned the contract to another party. The assignees deny installing or maintaining the air freshener.   Allstate alleges that Sunrise Preschool was aware of the air freshener and is liable. Since the cross-complaint is based on the incident underlying this case, it results out of the same occurrence. Therefore, the Court finds the interests of justice would be served by allowing Allstate to file the cross complaint.

CONCLUSION AND ORDER

Accordingly, the Court GRANTS Defendant Allstate Building and Office Maintenance, Inc.’s motion for leave to file a cross-complaint. Allstate is ordered to file and serve its proposed cross-complaint within ten (10) days of the date of this Order.

Moving party shall provide notice of the Court’s order and file a proof of service of such.