Judge: Kerry Bensinger, Case: 22STCV07909, Date: 2023-05-26 Tentative Ruling

Case Number: 22STCV07909    Hearing Date: May 26, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 26, 2023                         TRIAL DATE:  September 1, 2023

CASE:                                Adrineh Esaian v. Glendale Columbus, LLC, et al.

CASE NO.:                 22STCV07909 

MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT

MOVING PARTY:               Defendants, Glendale Columbus, LLC and Trumark Services, Inc.

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On March 4, 2022, Plaintiff, Adrineh Esaian, filed this action against Defendants, Glendale Columbus, LLC, and Trumark Services, Inc., for general negligence and premises liability.  Plaintiff alleges that she suffered injuries when her foot got caught in a gap in the concrete as she was leaving her aunt, Anjel Eissian’s home at 1346 N. Columbus Avenue, Glendale, California 91202.

On December 29, 2022, Defendants filed this motion seeking leave to file a cross-complaint against proposed Cross-Defendants, Aden Ghazarian, Homayek Ghazarimoghaddam, and Anjel Eissian for implied indemnity, equitable indemnity, express indemnity, breach of contract, contribution, apportionment of fault, and declaratory relief.   

The motion is unopposed.

II.        LEGAL STANDARD 

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

Defendants argue leave should be granted to file a cross-complaint because Defendants entered into a residential lease agreement with proposed Cross-Defendants for the rental of the premises 1346 N. Columbus Avenue, Apt./Unit 1 in Glendale, California.  Under the lease agreement, proposed Cross-Defendants agreed to indemnify Defendants for liability arising from personal injuries or property damaged caused or permitted by Cross-Defendants their guests, and/or invitees.  (See Gilligan Decl., Ex. A, Residential Lease Agreement.)  Additionally, Defendants tendered their indemnity defense to the proposed Cross-Defendants, which has not been accepted.  As such, Defendants contend proposed Cross-Defendants are necessary and appropriate parties to this action. 

Defendants demonstrate that they seek leave to file a cross-complaint in good faith.  Further, as the motion is unopposed, the Court finds no prejudice will result if leave is granted to file a cross-complaint.

IV.       CONCLUSION

            The motion for leave to file a cross-complaint is GRANTED.  Defendants, Glendale Columbus, LLC and Trumark Services, Inc., are ordered to file the proposed cross-complaint within 10 days of this order.

Moving party to give notice. 

Dated:   May 26, 2023                                                ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            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.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.