Judge: John C. Gastelum, Case: 21-01216234, Date: 2022-09-27 Tentative Ruling

Motion For Leave to File Cross Complaint

Ruling:  Off Calendar – no hearing will be held.   Defendant’s UNOPPOSED motion for leave to file a cross-complaint is GRANTED. 

A defendant in an action may file a cross-complaint against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause(s) of action in the cross-complaint arises out of the same transaction, occurrence, or series of transactions or occurrences as the complaint, or asserts a claim, right, or interest in a controversy that is the subject of the complaint.  (Code Civ. Proc., § 428.10, subd. (b).)  Such a cross-complaint may be filed at any time before the court has set a trial date; thereafter, leave of court is required.  (Id., § 428.50, subds. (b), (c).)  The court may grant leave to file such cross-complaint in the interest of justice at any time during the course of the action.  (Id., § 428.50, subd. (c).)

Defendant seeks leave to file a cross-complaint against Cynthia Elizabeth Flores.  In support of the motion, he filed a declaration from his attorney, Beth Hurley.  Hurley states:  (1) the motor vehicle accident occurred on August 29, 2019; (2) Plaintiff Teebi alleges that she suffered injuries to her back, neck, chest, face, and shoulders as a result; (3) in Plaintiff Teebi’s November 20, 2021 responses to discovery requests, she disclosed that, on September 29, 2021, she was involved in another accident in which Flores rear-ended her and that the second accident aggravated her neck injury from the August 2019 accident; and (4) according to the traffic incident report of the September 2021 accident, Plaintiff Teebi sustained injury to her head, neck, shoulders, and back.  [ROA 48, Hurley decl., ¶ 1-5]

While the September 2021 accident involving Flores and Plaintiff Teebi occurred after the August 2019 accident alleged in the complaint, it is related to the August 2019 accident in that Defendant alleges Flores is responsible for Teebi’s injuries.

Defendant to file the cross-complaint within 5 DAYS of notice of ruling.

Defendant to give notice.