Judge: Kerry Bensinger, Case: 22STCV28222, Date: 2023-10-09 Tentative Ruling

Case Number: 22STCV28222    Hearing Date: October 9, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 9, 2023                                 TRIAL DATE:  February 27, 2024

CASE:                                Norma Gallardo Garcia v. City of Inglewood

CASE NO.:                 22STCV28222

MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT

MOVING PARTY:               Defendant City of Inglewood

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On August 30, 2022, Plaintiff, Norma Gallardo Garcia, initiated this action against Defendant, City of Inglewood, for injuries Plaintiff sustained when she fell into a hole next to an electrical vault on Defendant’s premises at 125 N. Ash Ave., Inglewood, CA, 90301. 

On August 22, 2023, Defendant filed this motion seeking leave to file a cross-complaint against proposed cross-defendants Southern California Edison and Alicia M. Garcia for indemnity, contribution, 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

A.  Judicial Notice

Defendant requests judicial notice of City of Inglewood Municipal Code section 10-20. 

The unopposed request is granted.  (Evid. Code, 452, subd. (b).)

B.  Leave to File Cross-Complaint

Defendant argues leave should be granted to file a cross-complaint because discovery and investigation of the incident suggests proposed cross-defendants are liable for Plaintiff’s injuries.   Defendant went to the alleged site of the incident—125 Ash Avenue—and determined that the electrical vault was not located there.  Rather the electrical vault was located at 113 N. Ash Ave. in front of the home owned by Alicia M. Garcia.  Further, the hole which caused Plaintiff’s injuries is adjacent to an electrical vault owned, operated and/or maintained by Southern California Edison. (See Declaration of Deborah Lee-Germain.) As such, Defendant contends it is in the interests of justice that leave be granted to file a cross-complaint. 

The Court finds Defendant has acted in good faith and sought timely leave to file the proposed cross-complaint.  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 unopposed motion for leave to file a cross-complaint is GRANTED.  Defendant City of Inglewood is ordered to file the attached proposed cross-complaint within 5 court days of this order.

Moving party to give notice. 

Dated:   October 9, 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.