Judge Lee S. Arian, Case Number: 21STCV41733, Date: 2023-11-28 Tentative Ruling

On November 15, 2021, Cesar Palacios (“Palacios”) and Desiree Martinez (“Martinez”) (collectively “Plaintiffs”) filed this action against Defendants Robert Joseph (“Joseph”) and See’s Candy Shops (“See’s Candy") (collectively “Defendants”) arising from a motor vehicle collision that allegedly occurred during Joseph’s course of employment with See’s Candy.

Defendants denied the allegations in their Answer to the Complaint on January 11, 2022.

On March 23, 2023, Defendants filed this Motion seeking leave to file a cross-complaint against nonparties Tony White (“White”), Kristen Dantonio (“Dantonio”), and Plaintiff Palacios on the grounds that there is good cause for Defendants to bring causes of actions for indemnity and contribution after new information was revealed. 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.)

Defendants argue that their claims against White, Dantonio, and Palacios relate to the spinal injuries Plaintiffs allegedly sustained in the subject incident. Defendants contend the subject incident occurred on July 1, 2020. After filing the answer and upon taking Palacios’ deposition on March 3, 2023, Defendants learned additional information supporting the liability of the non-parties for the subject incident that had not been previously disclosed. (Memo. Points & Authorities 3;17-26.) In light of this new information, it is in the interest of justice to allow Defendants to file a cross-complaint bringing the non-parties into the action and raising claims against Plaintiff Palacios.

Accordingly, Defendants’ Motion is GRANTED and Defendants are ordered to file their proposed cross-complaint 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.

Dated this 28h day of November 2023

Hon. Lee S. Arian

Judge of the Superior Court