Judge: Elaine W. Mandel, Case: 23SMCV00429, Date: 2024-02-20 Tentative Ruling

Case Number: 23SMCV00429    Hearing Date: February 20, 2024    Dept: P

Tentative Ruling

Arsham Tabibian et al. v. The Bungalow Santa Monica et al., Case No. 23SMCV00429

Hearing Date February 20, 2024

Defendant Ocean Avenue LLC’s Motion for Leave to File Cross-Complaint (UNOPPOSED)

Plaintiffs Arsham Tabibian and Mohammed Ali allege they were assaulted by a security guard employed by defendants the Bungalow Santa Monica and Ocean Avenue LLC. Ocean Avenue moves for leave to file a cross-complaint for indemnity, contribution, and declaratory relief against ATF Private Security, an entity they allege employed the guard directly.

A cross-complaint against a third party (i.e. a permissive cross-complaint) may be filed without leave any time before trial is set. Cal. Code of Civ. Proc. §428.50(b). Once trial has been set, leave of the court is required to file a permissive cross-complaint, and may be granted in the interest of justice at any time during the action. Id. (c).  

Trial has not been set in this matter, and the proposed cross-complaint is not a compulsory cross-complaint against the plaintiff. Therefore, leave of the court is not required to file it. Even if leave were required here, it would be readily granted since doing so would serve the interest of justice, there is no opposition to the motion and no evidence of prejudice to any party.

GRANTED.