Judge: Audra Mori, Case: 21STCV30391, Date: 2022-12-16 Tentative Ruling

Case Number: 21STCV30391    Hearing Date: December 16, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

1. Background

On August 17, 2021, Plaintiff Gerardo Antonio (“Plaintiff”) filed this action against defendants Selena Inouye and VCA Inc. (“VCA”), erroneously sued herein as VCA West Los Angeles Animal Hospital, for damages relating to a dog bite incident.  VCA filed its answer on October 25, 2021.   

At this time, VCA seeks to file a cross-complaint against Plaintiff and Marie Antonio-Tanner (“Tanner”) for equitable indemnity, implied indemnity, contribution and declaratory relief.  No opposition has been received, and on December 8, 2022, VCA filed a notice of non-opposition to the motion. 

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.  (CCP § 428.50(c).)

Here, VCA states that the subject incident occurred when Plaintiff was holding his sister Tanner’s dog, who is named Wilson, at the reception desk of an animal hospital when Wilson bit another dog named Theodor.  While Plaintiff tried to free Theodor from Wilson’s grip, Theodor bit him.  VCA asserts that after conducting discovery and its investigation it determined that Plaintiff and Tanner are at fault for the subject dog attack.  VCA asserts that the proposed cross-complaint arises out of the same transaction and events described in the complaint, and that it is bringing this motion in good faith.

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 VCA being granted leave to file the proposed cross-complaint.  Nevertheless, the Court will continue the current February 14, 2023 trial briefly to ensure Plaintiff and Tanner have sufficient time to respond to the cross-complaint and prepare for trial.   

VCA’s motion for leave to file a cross-complaint is granted.  VCA is ordered to file a separate copy of the cross-complaint within five days and to serve the cross-defendants pursuant to Code.  The February 14, 2023 trial date is continued to ______________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse.  The January 31, 2023 Final Status Conference is continued to _______________ at 10:00 a.m. in Department 31.  All discovery and expert cutoff dates are continued to reflect the new trial date.   

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 16^th day of December 2022