Judge: Lee W. Tsao, Case: 23NWCV00597, Date: 2024-09-25 Tentative Ruling

Case Number: 23NWCV00597    Hearing Date: September 25, 2024    Dept: C

GUILLERMO ANZURES v. RONNY ANTONIO MEZA HERNANDEZ, ET AL.

CASE NO.: 23NWCV00597

HEARING:¿ 9/25/24 @ 9:30 A.M. 

#2

TENTATIVE ORDER

Defendant Maria Del Carmen Colon Alamo’s motion for leave to file cross-complaint is GRANTED. Defendant is to file and serve the cross-complaint within 5 days.  

Moving party to give notice.

The motion is unopposed as of September 23, 2024.

Background

This is about a motor collision involving four vehicles. (Complaint.) They are the four parties to this lawsuit. (Complaint.)

Defendant Maria Del Carmen Colon Alamo moves for leave to file a cross-complaint.

Legal Standard

A party against whom a cause of action has been asserted in a complaint can file a cross-complaint 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 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, Defendant asserts comparative indemnity and declaratory relief against the other defendants. (Decl. Kandarian-Stein, ¶ 3, Ex. A.)

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. Defendant Maria Del Carmen Colon Alamo is to file and serve the cross-complaint within 5 days.