Judge: Audra Mori, Case: 21STCV32869, Date: 2022-07-26 Tentative Ruling

Case Number: 21STCV32869    Hearing Date: July 26, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

1. Background

Plaintiff Jesus Rendon filed this action against Defendant Jason Tran (“Tran”) for damages arising from a motor vehicle accident.  Tran filed his answer on December 21, 2021.   

At this time, Tran seeks to file a cross-complaint against proposed cross-defendant Aaron Anthony Esperano, Jr. (“Esperano”) for indemnity, contribution, apportionment of fault, and declaratory relief.  The court has not received an 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.  §428.50(c).

Here, Tran asserts that this action arises from a three-car accident, and that after a compete and through review of the files provided to defense counsel, counsel has determined that Tran has claims against Esperano regarding liability for the subject accident.  Tran argues that the cross-complaint is related to the current action, and that he did not initially file the cross-complaint due to oversight and inadvertence. 

The complaint and cross-complaint arise from the same incident and should be litigated together.  There is no evidence Tran has been dilatory in seeking to file the cross-complaint.  Furthermore, the court finds no party will be prejudiced by the filing of the cross-complaint, as trial is not currently scheduled until March 7, 2023. 

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

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 26^th day of July 2022