Judge: Elaine W. Mandel, Case: 23SMCV00429, Date: 2025-02-24 Tentative Ruling

Case Number: 23SMCV00429    Hearing Date: February 24, 2025    Dept: P

Tentative Ruling

Tabibian v. The Bungalow Santa Monica, Case no. 23SMCV00429

Hearing date February 24, 2025

Defendants’ Motion for Leave to File Cross-Complaint

Plaintiffs Arsham Tabibian and Mohammed Ali sue defendants The Bungalow Santa Monica and Ocean Avenue LLC for assault, battery, IIED and negligence claims after plaintiffs were allegedly assaulted by a security guard at the Bungalow’s premises. Defendant Ocean Avenue moves for leave to file a cross-complaint against third-party Global Threat Solutions; the alleged employer of the unidentified guard. The motion is unopposed. Ocean Avenue offers the declaration of counsel Laura Ryan.

Permission to allow a party to file a cross-complaint rests in the sound discretion of the trial court. Orient Handel v. United States Fid. & Guar. Co. (1987) 192 Cal.App.3d 684, 701. A defendant may file a cross-complaint against a third party if the cause of action asserted arises out of the same transaction, occurrence or series of transactions or occurrences as set forth in the complaint. Cal. Code Civ. Pro. §428.10. Cal. Code Civ. Proc. §428.50(c) allows a cross-complaint may be filed at any time "in the interests of justice.”

Plaintiff does not oppose the motion. Decl. Ryan para. 15. Ocean Avenue seeks express and equitable indemnity on the grounds the guard that assaulted plaintiffs was hired by Global. Decl. Ryan para. 13. Ocean tendered its defense to Global 9/18/24 and has received no response, necessitating the cross-complaint. Decl. Ryan paras. 9-11.

The basis of the cross-complaint arises from the same incident that the complaint arises from. The interests of justice require allowing Ocean to file its cross-complaint. GRANTED.