Judge: Lee S. Arian, Case: 22STCV22372, Date: 2023-11-01 Tentative Ruling

Case Number: 22STCV22372    Hearing Date: November 1, 2023    Dept: 27

Tentative Ruling

Judge Lee S. Arian, Department 27

HEARING DATE:     November 1, 2023                             TRIAL DATE:  January 8, 2024

CASE:                                Latoya Perry v. The Vons Companies, Inc.

CASE NO.:                 22STCV22372

MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT

MOVING PARTY:               Defendant The Vons Companies, Inc.

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On July 11, 2022, Plaintiff Latoya Pery filed this action against Defendant The Vons Companies, Inc. for injuries sustained while on Defendant’s premises.  Plaintiff alleges she tripped and fell on a wood pallet that collapsed under her.

On October 6, 2023, Defendant filed this motion for leave to file a cross-complaint against proposed Cross-Defendants Mondelez International, Inc., Mondelez International Holdings, Inc., and Mondelez Global LLC, for breach of contract, express and implied indemnity, contribution and apportionment, and declaratory relief.   

The motion is unopposed.[1]

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

Defendant states proposed Cross-Defendants and Defendants have an agreement which obligates Cross-Defendants to defend against Plaintiff’s personal injury claims.  However, after tendering defense and immunity pursuant to their agreement, Cross-Defendants have not responded.  As such, Defendant contends it is in the interests of justice that leave be granted to file a cross-complaint. 

Because 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 The Vons Companies, Inc, is ordered to file the attached proposed cross-complaint within 10 days of this order.

Moving party to give notice. 

Dated:   November 1, 2023                                      ___________________________________

                                                                                    Lee S. Arian

                                                                                    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.