Judge: Audra Mori, Case: 20STCV09378, Date: 2023-01-30 Tentative Ruling

Case Number: 20STCV09378    Hearing Date: January 30, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Callie Belo (“Plaintiff”) filed this action against Defendant Bloomingdale’s Inc. (“Bloomingdale’s”) and Does 1-20 alleging causes of action for negligence and premises liability.  Plaintiff alleges that while she was shopping at Bloomingdale’s store an entire display collapsed on her.  Plaintiff has filed an Amendments to Complaint naming Stanly Fixtures Acquisition, LLC (“Stanly Fixtures”) as Doe 1 and Dillmeier Enterprises, Inc. (“Dillmeier”) as Doe 2.  

As relevant here, on December 9, 2021, Stanly Fixtures filed its answer to Plaintiff’s complaint.  On August 3, 2022, Stanly Fixtures filed the instant motion for leave to file a cross-complaint against Dillmeier for express indemnity, equitable indemnity, contribution, and total indemnity. 

On November 2, 2022, Dillmeier filed its answer to Plaintiff's complaint, and also filed a cross-complaint against Bloomingdale’s, Stanly Fixtures, and Consolidated Contractors.  Stanly Fixtures then filed its answer to Dillmeier’s cross-complaint and filed a cross-complaint against Dillmeier.

Therefore, because Stanly Fixtures already filed a cross-complaint against Dillmeier in response to Dillmeier’s cross-complaint, (CCP §§ 428.10, 428.50), the instant motion is moot.  Indeed, Stanly Fixtures’ proposed cross-complaint filed with the motion for leave is largely identical to Stanly Fixtures’ cross-complaint filed on November 21, 2022.

            The motion for leave to file the cross-complaint is taken off calendar as moot.

Moving Defendant is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 30^th day of January 2023