Judge: Kerry Bensinger, Case: 19STCV31959, Date: 2023-04-20 Tentative Ruling

Case Number: 19STCV31959    Hearing Date: April 20, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.    BACKGROUND

On September 9, 2019, plaintiff Danny Ignacio Ortega filed this action against defendants Ohm Nightclub, Chinese Theatres, LLC (“Chinese Theatres”) (sued as “Chinese Theater Investments, LLC”), H&H Retail Owner, LLC (“H&H”) (erroneously sued as CIM/H&H Retail, L.P.”) and John Doe.  Plaintiff alleges that while he was on the dance floor at 6801 Hollywood Blvd., #433, in Hollywood, California, John Doe, a security guard put Plaintiff into a chokehold and escorted outside.  On August 24, 2022, H&H filed a cross-complaint against Andrews International, Inc. (“AI”) and Creative Entertainment Concepts, Inc. (“CEC”).

On Marcy 24, 2023, Chinese Theatres (hereinafter, “Defendant”) filed this Motion seeking leave to file a cross-complaint against H&H, AI, and CEC for indemnity and contribution. 

The Motion is unopposed.

II.  LEGAL PRINCIPLES

A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint asserting any cause of action against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in the cross-complaint arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him.  (Code Civ. Proc. § 428.10, subd. (b)(1).) 

A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint.  (Code Civ. Proc. § 428.50, subd. (a).)  Any other cross-complaint may be filed at any time before the court has set a date for trial.  (Code Civ. Proc. § 428.50, subd. (b).)  A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b).  Leave may be granted in the interest of justice at any time during the course of the action.  (Code Civ. Proc. § 428.50, subd. (c).)  A party who fails to plead a cause of action, 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.  (Code Civ. Proc. § 426.50.)

III.                APPLICATION

          Defendant argues his claims against H&H, AI, and CEC relate to the same incident that allegedly caused Plaintiff’s injuries.  CEC owned Ohm Nightclub and CEC was a tenant of H&H.  H&H, in turn, hired AI to provide security services at the building complex where Ohm Nightclub was located.  By filing a cross-complaint, Defendant seeks to apportion liability for Plaintiff’s injuries among tortfeasors who could be jointly and severally liable to Plaintiff.  (See Shepherd Decl.)  Defendant argues that the motion is timely because recent investigations of the facts lead Defendant to believe that the propose cross-defendants are jointly and severally liable.  Defendant further argues that none of the parties or proposed cross-defendants will be prejudiced if Defendant is granted to leave to file a cross-complaint because discovery is still ongoing and there is sufficient time to prepare for trial.

          Defendant’s Motion is unopposed. 

IV. CONCLUSION

Defendant Chinese Theatres, LLC’s Motion is GRANTED.  Defendant is ordered to file the proposed cross-complaint within 10 days of the date of this Order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.

    Dated this 20th day of April 2023