Judge: Lee W. Tsao, Case: 20STCV21816, Date: 2023-08-24 Tentative Ruling

Case Number: 20STCV21816    Hearing Date: March 27, 2024    Dept: C

SKINNER v. DOWNEY UNIFIED SCHOOL DISTRICT, ET AL.

CASE NO.:  20STCV21816

HEARING:  3/27/24

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TENTATIVE ORDER

Defendant Downey Unified School District, Jack Williams, Thomas Nunley, and James Bashman’s motion for leave to file cross-complaint is GRANTED.

The motion is unopposed as of March 27, 2024.

Moving party to give notice.

This is about a fight that occurred among students at Downey High School. Defendants Downey Unified School District, Jack Williams, Thomas Nunley, and James Bashman move for leave to file a cross-complaint against Nick Kelly, Jallen Grey, and ROES 1 through 10. Jack Williams, Thomas Nunley, and James Bashman are football coaches at Downey High School. Nick Kelly and Jallen Grey are the students purportedly involved in the fight.

Legal Standard

A defendant can cross-complain against a codefendant or third person not yet a party to the action only if the cause of action asserted “(1) arises out of the same transaction, occurrence, or series of transactions or occurrences [set forth in the complaint] … or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause [of action] brought against him.” (Code Civ. Proc., § 428.10, subd. (b).) Leave may be granted in the interest of justice at any time during the action. (Code Civ. Proc., § 428.50.)

Leave to File Cross-Complaint

Here, Defendants assert equitable indemnity, comparative indemnity, contribution, and declaratory relief in the proposed cross-complaint arising out of the underlying action. (Decl. Hylton, ¶ 2.)

Because the causes of action asserted arise out of the same occurrence as the original action, the Court grants leave to file the cross-complaint.

The motion is GRANTED.