Judge: Cherol J. Nellon, Case: 19STCV09485, Date: 2023-04-18 Tentative Ruling

Case Number: 19STCV09485    Hearing Date: April 18, 2023    Dept: 28

Defendant Ameron Pole Products LLC’s Motion for Leave to File Cross-Complaint

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On March 19, 2019, Plaintiff Salvador Ocampos (“Plaintiff”) filed this action against Defendants County of Los Angeles (“County”), City of Walnut Park (“Walnut Park”) and City of Huntington Park (“Huntington Park”) for premises liability.

On May 20, 2019, Plaintiff filed the FAC. Plaintiff later amended the complaint to include Defendants Southern California Edison Company (“SCE”), Ameron Pole Products LLC (“APP”) and Foddrill Construction Corporation (“FCC”).

On July 24, 2019, the Court dismissed Huntington Park, with prejudice, pursuant to Plaintiff’s request. On June 23, 2022, the Court dismissed FCC, with prejudice.

On June 17, 2020, the County filed an answer. On June 11, 2020, the County filed a Cross-Complaint against Cross-Defendant SCE for indemnity, express indemnity, breach of contract, apportionment of fault and declaratory relief. The County later amended the complaint to include APP, FCC, Roberto Sanchez Gomez (“Gomez”), Julio Cesar Anzadula (“Anzadula”) and The Diamond Bus Company, LLC (“DBC”). On August 26, 2020, SCE filed an answer. On December 28, 2020, APP filed an answer. On May 2, 2022, the Court dismissed the County and the County’s cross-complaint, without prejudice.

On August 7, 2020, SCE field an answer and a Cross-Complaint against Cross-Defendant APP for total equitable indemnity, apportionment of fault, declaratory relief and express contractual indemnity. SCE later amended the Cross-Complaint to include Cross-Defendant Gomez, Anzadula, FCC and DBC. On October 14, 2020, APP filed an answer. On July 6, 2022, FCC filed an answer.

On January 18, 2023, APP filed a Motion for Leave to File a Cross-Complaint to be heard on April 18, 2023.

Trial is currently scheduled for June 12, 2023.

PARTY’S REQUESTS

APP requests leave to file a Cross-Complaint against Cross-Defendants FCC for comparative indemnity, implied indemnity, contribution and declaratory relief.

LEGAL STANDARD

CCP § 426.50 provides “A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.”

DISCUSSION

Plaintiff’s complaint alleges that Plaintiff fell on a sidewalk due to a hold in the ground; APP was not the owner or occupier of the subject premises, but instead is alleged to have performed work here resulting in the hole. FCC was added to another defendant’s Cross-Complaint in March 2022. Following FCC’s answer in June 2022, APP conducted discovery into FCC. APP has since discovered information that indicates FCC was the entity working at the scene immediately prior to Plaintiff’s injury.

Upon receiving this information, APP timely requested leave to file a cross-complaint against FCC. The Court finds there is good cause to allow leave to file the Cross-Complaint, as APP acted quickly, and the cross-complaint is based upon facts and parties already included in the existing complaint and cross-complaints. Discovery has already been ongoing into these claims, indicating a lack of prejudice upon approval. The Court grants the motion.

CONCLUSION

Defendant Ameron Pole Products LLC’s Motion for Leave to File Cross-Complaint is GRANTED. APP is ordered to file and serve the Cross-Complaint within 30 days of the hearing on this motion.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.