Judge Lee S. Arian, Case Number: 21STCV41379, Date: 2023-11-28 Tentative Ruling

On November 10, 2021, Linda Stitt (“Plaintiff”) filed this action against Defendant New Group-Gardena, LLC. (“New Group”) and DOES 1 to 30 (collectively “Defendants”) arising from an injury caused by an alleged dangerous condition on Defendant’s property located at or about 1230 W. Redondo Beach Blvd., Gardena, CA 90247. Defendant filed a General Denial on March 6, 2023.

On June 29, 2023, Defendant AAA Electrical & Communications Inc. DBA AAA Property Services DBA AAA Companies (“AAA Property Services”) filed this Motion seeking leave to file a cross-complaint against All Star Janitorial Services, Inc. fka Star Janitorial Services (“All Star Janitorial”). The Motion is unopposed.

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.)

Defendant AAA Property Services argues that its claims against All Star Janitorial relate to the injuries Plaintiff allegedly sustained in the subject incident. Specifically, AAA Property Services contends it had contracted out maintenance and cleaning services to All Star Janitorial for the Gardena property at the center of this lawsuit. Further, AAA Property Services contends that the contract between it and All Star Janitorial contains an indemnification provision. (Mot., 2;5-7.) Thus, because of the indemnification provision, Defendant AAA Property Services claims All Star Janitorial shares liability for the incident if AAA Property Services is found liable.

Defendant’s Motion is unopposed, and Defendant has demonstrated that bringing All Star Janitorial into the action through a cross-complaint is in the interest of justice.

Defendant’s Motion is GRANTED and Defendant is ordered to file its cross-complaint against All Star Janitorial within 5 court days of the date of this Order.

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.

Hon. Lee S. Arian

Judge of the Superior Court