Judge: Lee S. Arian, Case: 21STCV04337, Date: 2024-01-12 Tentative Ruling

Case Number: 21STCV04337    Hearing Date: January 12, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 3, 2021, Plaintiff Pulaski Stringfellow (“Plaintiff”) filed this action against Defendants Owens-Illinois, Inc.; O-I Glass, Inc.; Frontier Transportation, Inc.; and Does 1 to 100, inclusive, for general negligence relating to injuries sustained on February 12, 2019 when a load fell on Plaintiff after opening the trailer door maintained by Defendants.

Defendant Frontier Transportation, Inc. seeks leave to file a Cross-Complaint for equitable indemnity, equitable contribution, and declaratory relief.

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).) Where the proposed cross-complaint arises out of the same transaction as plaintiff’s claim, the court must grant leave to file the cross-complaint so long as defendant is acting in good faith.  Code Civ. Proc., § 426.50.)

Defendant seeks to file a cross-complaint against Ramirez Pallets, Inc. (“Ramirez Pallets”) for equitable indemnity, equitable contribution, and declaratory relief. (Lezon Decl. ¶¶14-17.) Defense counsel learned in ongoing investigation that Ramirez Pallets loaded the pallets into the trailer that allegedly fell out of the trailer and injured Plaintiff. (Id. ¶ 14.) Counsel states that the Cross-Complaint was not filed earlier because Frontier only very recently discovered Ramirez Pallet’s role in potentially causing or contributing to Plaintiff’s alleged injuries. (Id. at ¶ 18.)

The Court finds there is good cause for the proposed cross-complaint and Defendant was acting in good faith in seeking leave to file the cross-complaint at this time. The unopposed Motion for leave to file a cross-complaint is GRANTED. Defendant is ordered to file its proposed cross-complaint within ten (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.  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.

Dated this 12^th day of January 2024