Judge: Jon R. Takasugi, Case: BC700148, Date: 2022-10-11 Tentative Ruling

Case Number: BC700148    Hearing Date: October 11, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Monfort’s motion for leave to amend the cross-complaint is GRANTED.

On 3/1/2017, American Technologies, Inc. (ATI) initiated this action against Carolyn Lowd Daniels and Bleaker Daniels. The complaint is for 1) breach of contract; 2) common count; 3) violation of civil code § 8800; and 4) foreclosure of mechanic lien. 

On 11/17/2017, Cross-Complainants the Daniels filed a Cross-Complaint. On January 26, 2018, Cross-Complainants filed a First Amended Cross-Complaint against ATI, Clinton Monfort, Jehovany Berraza, TBG Construction Company (TBG), Tiara Imperial Homeowners Association, U.S.A.A. Insurance, and Mercury Insurance Group. 

            On 3/15/2017, Clinton Monfort (Monfort) filed a cross-complaint for indemnity against TBG.

            On 12/1/2021, counsel for Monfort agreed at the final status conference (FSC) to dismiss TBG from the cross-complaint for indemnity.

            On 6/16/2022, the Court set aside Monfort’s dismissal of TBG on the grounds that counsel mistakenly agreed to dismiss TBG in error.

            Now, Monfort moves for leave to amend.

            The motion is unopposed.

Discussion

            Monfort requests leave to amend to modify the case number on the cross-complaint. As filed, the cross-complaint contains two case numbers—this case number (BC700148) and the case number of the initial limited action filed by ATI which was later transferred to the general jurisdiction court. After Monfort’s multiple requests for the entry of default were rejected, the Clerk explained that Monfort needs a single case number on the cross-complaint.

            Given the nature of Monfort’s request, the fact that it is timely, and the fact that the motion is unopposed, the Court finds the grounds for leave to amend are met.

            Based on the foregoing, Monfort’s motion for leave to amend the cross-complaint is granted.

It is so ordered.

Dated:  October    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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