Judge: Lee S. Arian, Case: 21STCV29289, Date: 2024-01-10 Tentative Ruling

Case Number: 21STCV29289    Hearing Date: January 10, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On August 9, 2021, Plaintiff Troy Coe II (“Plaintiff”) filed this motor vehicle negligence action against Defendants Lyft, Inc., Fernando Olaya, Min Yong Kim, and Michael Peretz. On April 27, 2023, Plaintiff substituted Defendant Braazo Pizza, Inc. for Doe 1. On July 10, 2023, Plaintiff substituted Defendant Braazo Pizza for Doe 2.

On June 9, 2023, Defendant Luis Fernando Olaya (erroneously sued as Fernando Olaya) (“Defendant”) filed the instant motion for leave to file a Cross-Complaint. The motion is unopposed.

II.          LEGAL STANDARD

Code of Civil Procedure § 428.10 provides the following:

A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following:

(a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Part 3.

(b) Any cause of action he has 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 his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.

(Code Civ. Proc., § 428.10.)

After the trial date has been set, a party seeking to file a cross-complaint must obtain leave of court. (Code Civ. Proc., § 428.50(b).) Leave may be granted in the interest of justice at any time during the course of the action. (Id., § 428.50(c).) Indeed, where a cause of action would otherwise be lost, leave to amend is appropriate even if the party was negligent in not moving for leave to amend earlier. “The legislative mandate is clear. A policy of liberal construction of section 426.50 to avoid forfeiture of causes of action is imposed on the trial court. A motion to file a cross-complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrated where forfeiture would otherwise result.” (Silver Organizations, Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98-99.)

III.        DISCUSSION

Defendant Olaya proposes filing a Cross-Complaint containing causes of action for (1) Equitable Comparative Indemnity Apportionment of Fault, (2) Total Equitable Indemnity, (3) Equitable Implied Indemnity, and (4) Declaratory Relief, as to recently added Defendant Braazo Pizza, the other named defendants, and potential Roe defendants. Defendant asserts that Braazo Pizza, Inc. was allegedly the employer of Defendant Kim at the time of the incident.

Based on the foregoing, the Court finds it is in the interests of justice to allow Defendant to file the Cross-Complaint for indemnity and declaratory relief against the newly added Defendant.

IV.         CONCLUSION

Accordingly, the unopposed Motion is GRANTED.

Moving party is ordered 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 10th day of January 2024