Judge: Lynne M. Hobbs, Case: 21STCV05658, Date: 2023-10-20 Tentative Ruling
Case Number: 21STCV05658 Hearing Date: October 20, 2023 Dept: 30
GREG BEDROSSIAN vs WESTFIELD, LLC, et al.
Re: Motion for Leave to File a Cross-Complaint
Ruling:
Defendant Costco Wholesale Corporation’s Motion to Leave to File the Cross-Complaint is GRANTED. Defendant Costco Wholesale Corporation is ordered to file and serve its cross-complaint within 5 calendar days from the issuance of this order. Cross-defendants shall have 30 days to file and serve their responsive pleading to the Cross-Complaint. Moving party is ordered to provide notice.
Rationale:
The Court finds that Costco’s proposed cross-complaint arises out of the same action and occurrence as Plaintiff’s underlying action of premise liability. Costco’s proposed cross-complaint seeks a determination of who is responsible for maintaining the area of the fall under the lease. It is in the interest of justice for the parties to resolve the indemnity issue in the current litigation as opposed to filing a separate lawsuit after the underlying trial is concluded. WVO will suffer no prejudice if the issues are resolved in a single trial because the parties have already been aware of this potential dispute since the beginning of litigation. Further, the parties will have substantial time to conduct more discovery if needed before the trial set for May 6, 2024.
