Judge: Craig Griffin, Case: Thomson v. City of Fullerton, Date: 2023-05-15 Tentative Ruling

The unopposed Motion for Leave to File a Cross-Complaint filed by Defendants, Sifi Network Fullerton, LLC and City of Fullerton (collectively, “Defendants”) is GRANTED.  (Code Civ. Proc., §§ 428.10(b); 428.50(c).)

The proposed cross-complaint asserts an equitable indemnity claim against third party Corbel Communications Industries, LLC.  Defendants may cross-complain against any person from whom they seek equitable indemnity, and defendants need only allege that the harm for which they are being sued is attributable, at least in part, to the cross-defendant.  (American Motorcycle Ass’n v. Superior Court (1978) 20 Cal.3d 578, 607; Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group June 2022 Update) § 6:529.)  “Cross complaints for comparative equitable indemnity would appear virtually always transactionally related to the main action.”  (Time for Living, Inc. v. Guy Hatfield Homes/All American Develop. Co. (1991) 230 Cal.App.3d 30, 38.)

The moving papers sufficiently establish that it would be in the “interest of justice” to grant leave to file the cross-complaint because it would resolve all related issues in the same case and would not affect the substantial rights of the parties.  (See City of Hanford v. Superior Court (1989) 208 Cal. App. 3d 580, 587.)

Defendants offer a reasonable excuse for why the cross-complaint was not filed earlier.  (Gaddini Decl., ¶ 5.)  Lastly, the motion is unopposed; thus, there is no indication that the parties will be prejudiced by the filing of the cross-complaint.

Accordingly, the motion is GRANTED.  Defendants are to separately file the proposed cross-complaint within 5 days.

Counsel for Defendants to give notice.