Judge: Daniel M. Crowley, Case: 22STCV13573, Date: 2023-02-15 Tentative Ruling

Case Number: 22STCV13573    Hearing Date: February 15, 2023    Dept: 28

Defendant United Parcel Service Inc’s Motion for Leave to File Cross-Complaint

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

BACKGROUND

On April 22, 2022, Plaintiff Lionel Charles Williams (“Plaintiff”) filed this action against Defendants Terrance Demond Luckett (“Luckett”) and United Parcel Service Inc. (“UPS”) for motor vehicle and general negligence. Plaintiff later amended the complaint to include Defendants Antoine Kim Ellis (“Ellis”) and Water Tree LLC (“WT”).

On May 20, 2022, UPS filed an answer.

On December 1, 2022, UPS filed a Motion for Leave to File a Cross-Complaint to be heard on February 15, 2023.

Trial is currently scheduled for October 20, 2023.

PARTY’S REQUESTS

UPS request leave to file a Cross-Complaint against Cross-Defendants Luckett, WT and Ellis for equitable indemnity, implied indemnity, comparative indemnity, declaratory relief and contribution.

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 was injured in a motor vehicle accident involving two other vehicles. One of the vehicles was driven by Luckett—Plaintiff alleges that UPS is liable as Luckett’s alleged employer and as the owner of the subject vehicle. According to a CHP report, Ellis is the registered owner of said vehicle. Luckett later provided a statement that he was working as an independent contractor for WT at the time of the incident.

Upon receiving this information, UPS timely requested leave to file a cross-complaint against the relevant parties. The Court finds there is good cause to allow leave to file the Cross-Complaint, as UPS acted quickly, and it is based upon facts and parties already included in the base complaint. These parties have also yet to appear in this action, indicating there is no prejudice to their inclusion now.

CONCLUSION

Defendant United Parcel Service Inc’s Motion for Leave to File Cross-Complaint is GRANTED. UPS 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.