Judge: Audra Mori, Case: 20STCV33429, Date: 2023-01-17 Tentative Ruling

Case Number: 20STCV33429    Hearing Date: January 17, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

1. Background

Plaintiff Andre Sebastian Navarro filed this action against Defendant Mrs. Gooch’s Natural Food Markets, Inc. dba Whole Foods Market (“Whole Foods”), erroneously sued as Whole Foods Market Group, Inc. and Whole Foods Market California, Inc., for injuries Plaintiff sustained while at one of Whole Foods’ stores.  Plaintiff alleges that after going into a refrigerator in the deli section and closing the refrigerator door, the door dislodged from its hinges and hit Plaintiff.  Whole Foods filed its answer to the complaint on June 28, 2021.  On November 22, 2022, Plaintiff filed an Amendment to Complaint naming Clima-Tech, LLC (“Clima-Tech”) as Doe 1.  Clima-Tech answered the complaint on December 30, 2022. 

At this time, Whole Foods seeks to file a cross-complaint against Clima-Tech for (1) express indemnity, (2) implied contractual indemnity, (3) equitable indemnity, and (4) declaratory relief.  The motion is unopposed.    

2. Motion for Leave to File Cross-Complaint

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.  (CCP §§ 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.  (CCP §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.  (CCP §§ 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.  §428.50(c).

Here, Whole Foods asserts that it recently discovery Clima-Tech, as third-party vendor, performed inspections, maintenance, and/or repairs on the refrigerators that are the subject of this litigation.  Whole Foods contends that pursuant to an agreement, the maintenance and repairs of the refrigerator doors was the contractual responsibility of Clima-Tech, and that under the agreement, Clima-Tech agreed to indemnify, defend, and hold harmless Whole Foods from any claims arising from the work and services performed by Clima-Tech.  Whole Foods provides that Plaintiff has stipulated to allowing Whole Foods file a cross-complaint.  Further, Whole Foods contends that the filing of the cross-complaint will allow the case to be fully litigated on all issues and would avoid duplicative effort and waste of recourses.  

The complaint and cross-complaint arise from the same incident and should be litigated together.  Furthermore, the motion is unopposed, and no party otherwise claims prejudice in connection with allowing Whole Foods being granted leave to file the proposed cross-complaint.  Nevertheless, the Court will continue the current April 12, 2023 trial briefly to ensure Clima-Tech has sufficient time to respond to the cross-complaint and prepare for trial.  The trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cutoff dates are to be based on the new trial date. 

Whole Foods’ motion for leave to file cross-complaint is granted.  Whole Foods is ordered to file a separate copy of the cross-complaint within five days. 

Moving Defendant Whole Foods 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 17^th day of January 2023