Judge: Lisa R. Jaskol, Case: 22STCV32814, Date: 2023-08-10 Tentative Ruling

Case Number: 22STCV32814    Hearing Date: August 10, 2023    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On October 6, 2022, Plaintiffs Lisa Popovich (“Popovich”) and John Porter (“Porter”) filed this action against Defendants City of Los Angeles (“City”), City of Los Angeles Department of Transportation (“DoT”), MV Transportation, Inc. (“MV”) and HERC Rentals, Inc. (“HERC”) for negligence – breach of common carrier duty of care, negligence, and loss of consortium. Plaintiffs later amended the complaints to include Defendants Derry Fayrel Green, Jr. (“Green”), Herminio Rodriguez (“Rodriguez”) and Michael Duarte. 

On November 15, 2022, MV filed an answer. On December 19, 2022, MV filed a Cross- Complaint against Cross-Defendant HERC for equitable indemnification, comparative indemnity, declaratory relief, equitable apportionment of fault and contribution. MV later amended the Cross-Complaint to include Cross-Defendant Rodriguez. On January 17, 2023, HERC filed an answer. 

On November 18, 2022, HERC filed an answer and a Cross-Complaint against Cross-Defendants MV and Roe defendants for equitable indemnity, partial or comparative indemnity and declaratory relief. HERC amended the Cross-Complaint to include Cross-Defendants City and DoT. On December 19, 2022, MV filed an answer. 

On April 17, 2023, Green filed an answer. On April 18, 2023, Green filed a Cross-Complaint against Cross-Defendant HERC for equitable indemnification, comparative indemnity, declaratory relief, equitable apportionment of fault and contribution. On April 19, 2023, Green amended the cross-complaint to add Rodriguez as a cross-defendant.  On May 22, 2023, Rodriguez and HERC filed an answer. 

On April 21, 2023, the City filed an answer. On April 27, 2023, the City filed a Cross-Complaint against Cross-Defendants HERC and Rodriguez for equitable indemnification, comparative indemnity, declaratory relief, equitable apportionment of fault, contribution and negligence. On May 22, 2023, Rodriguez and HERC filed an answer. 

On May 22, 2023, Rodriguez filed a Cross-Complaint against Cross-Defendants MV, City, Green and DoT for equitable indemnity and partial or comparative indemnity. On June 23, 2023, MV, DoT, City and Green filed an answer. 

On June 7, 2023, DoT filed an answer and a Cross-Complaint against Cross-Defendants HERC and Rodriguez for equitable indemnification, comparative indemnity, declaratory relief, equitable apportionment of fault, contribution and negligence.  On July 11, 2023, HERC and Rodriguez filed an answer. 

On July 27, 2023, the Court found that case numbers 22STCV32814 and 23SMCV00442 are related within the meaning of California Rules of Court, rule 3.300(a). Case number 22STCV32814 is the lead case. 

On May 3, 2023, Green and MV filed motions for leave to file first amended cross-complaints to be heard on August 10, 2023.  No opposition has been filed. 

Trial is scheduled for April 4, 2024. 

PARTIES’ REQUESTS 

          Green and MV request leave to amend their cross-complaints to add claims for negligence. 

LEGAL STANDARD 

          "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code."  (Code Civ. Proc., § 473, subd. (a)(1).)       

"Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order."  (Code Civ. Proc., § 576.) 

DISCUSSION          

Green and MV assert that, through discovery, they have learned that HERC owned the illegally parked truck and trailer involved in the accident. The proposed amendments would add a claim for negligence based on this newly-obtained information. 

The motions are unopposed.  The Court knows of no prejudice that will result if the motions are granted.  The Court grants the motions. 

CONCLUSION         

The Court GRANTS the motion of Defendant and Cross-Complainant Derry Fayrel Green, Jr. for leave to file an amended cross-complaint. Green is ordered to file and serve the First Amended Cross-Complaint within 30 days of the hearing on the motion. 

The Court GRANTS the motion of Defendant and Cross-Complainant MV Transportation, Inc. for leave to file an amended cross-complaint.  MV is ordered to file and serve the First Amended Cross-Complaint within 30 days of the hearing on the motion. 

Moving parties are ordered to give notice of this ruling. 

Moving parties are ordered to file the proof of service of this ruling with the Court within five days.