Judge: Daniel M. Crowley, Case: 19STCV43440, Date: 2022-12-14 Tentative Ruling

Case Number: 19STCV43440    Hearing Date: December 14, 2022    Dept: 28

Defendant Tower 12’s Motion for Leave to File Cross-Complaint

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

BACKGROUND

On December 3, 2019, Plaintiff Tiffany Izzo (“Plaintiff”) filed this action against Defendant Tower 12 (“Defendant”) for negligence and premises liability.

On January 30, 2020, Defendant filed an answer.

On October 13, 2022, Defendant filed a Motion for Leave to File Cross-Complaint to be heard on December 14, 2022.

Trial is currently scheduled for July 12, 2023.

PARTY’S REQUESTS

Defendant requests leave to file a Cross-Complaint against Cross-Defendant Michael Schiffman, M.D. (“Schiffman”), for total indemnity, implied partial indemnity, declaratory relief and equitable apportionment.

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 she was on Defendant’s premises when she slipped and fell onto the floor, injuring her wrist. She claims this was due to poor lighting, overcrowding and the slippery walkway. When Plaintiff realized that her wrist was not healing properly, she sought treatment from Schiffman. Schiffman performed surgery on her left wrist. In the process of conducting discovery, Defendant’s experts opined that Schiffman performed two surgeries under the standard of care, resulting in further damages to Plaintiff’s wrist. The Court finds there is good cause to allow leave to file the Cross-Complaint, as it directly involves potential damages.

CONCLUSION

Defendant Tower 12’s Motion for Leave to File Cross-Complaint is GRANTED. Defendant 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.