Judge: Lisa R. Jaskol, Case: 21STCV40650, Date: 2024-02-02 Tentative Ruling
Case Number: 21STCV40650 Hearing Date: February 2, 2024 Dept: 28
Having considered the moving, opposition, and reply papers, the Court rules as follows.
BACKGROUND
On
November 4, 2021, Plaintiffs Traveon Cason (“Cason”) and Klem Banner (“Banner”)
filed this action against Defendants Brandon Weise (“Defendant”) and Does 1-20 for
motor vehicle tort.
On
January 26, 2022, Defendant filed an answer.
On October 19, 2023, Defendant filed a motion for leave to file a cross-complaint to be heard on February 2, 2024. On January 19, 2024, Plaintiffs filed an opposition. On January 30, 2024, Defendant filed a reply.
Trial is currently scheduled for May 28, 2024.
PARTIES’ REQUESTS
Defendant requests leave to file a cross-complaint against Cross-Defendant Todd Osman (“Osman”) for implied equitable indemnity, comparative contribution, equitable indemnity, and declaratory relief.
Plaintiffs ask the Court to deny the motion.
LEGAL STANDARD
Code of Civil Procedure section 426.30 provides:
“(a) Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross-complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded.
“(b) This section does not apply if either of the following are established:
“(1) The court in which the action is pending does not have jurisdiction to render a personal judgment against the person who failed to plead the related cause of action.
“(2) The person who failed to plead the related cause of action did not file an answer to the complaint against him.”
(Code Civ. Proc., § 426.30.)
Code of Civil Procedure section 426.50 provides:
“A party who fails to plead a cause of action subject to the requirements of this article, 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. This subdivision shall be liberally construed to avoid forfeiture of causes of action.”
Code of Civil Procedure section 428.10 provides:
“A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following:
“(a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Part 3.
“(b) Any cause of action he has 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 his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.”
(Code Civ. Proc., § 428.10.)
Code of Civil Procedure section 428.50 provides:
“(a) 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.
“(b) Any other cross-complaint may be filed at any time before the court has set a date for trial.
“(c) 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.)
DISCUSSION
In their complaint, Plaintiffs allege that on November 25, 2019, at Manchester Boulevard and Hindry Avenue in Inglewood, California, Defendant negligently operated a vehicle, negligently employed the persons who operated a vehicle in the course of their employment, negligently owned a vehicle that was operated with their permission, and/or negligently entrusted his vehicle, causing Plaintiffs’ injuries.
In his motion, Defendant argues that, through discovery, he learned that Osman’s negligent conduct caused Plaintiffs’ alleged injuries in whole or in part. Although the complaint alleges that Defendant’s negligence caused the accident, Defendant asserts that Osman was at fault.
Plaintiffs argue the motion is untimely because Defendant testified about Osman’s involvement in the accident at Defendant’s August 24, 2022 deposition but did not file this motion until October 19, 2023. Defendant responds that he could not request leave to file a cross-complaint against Osman until he engaged in further discovery because Plaintiffs’ written discovery responses did not mention a third driver in their descriptions of how the accident occurred.
Defendant’s
claims for contribution, indemnity, and declaratory
relief against Osman are based on the same alleged facts that support
Plaintiff’s claims against Defendant.
The Court finds that Defendant has acted in good faith. The Court grants Defendant leave to file a
cross-complaint against Osman in the interest of justice.
CONCLUSION
The Court GRANTS Defendant Brandon Weise’s motion for leave to file a cross-complaint against Cross-Defendant Todd Osman for implied equitable indemnity, comparative contribution, equitable indemnity, and declaratory relief. Defendant Brandon Weise is ordered to file and serve the cross-complaint within 30 days of the hearing on this motion.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file the proof of service of this ruling with the Court within five days.