Judge: Mark C. Kim, Case: 19STCV35469, Date: 2022-08-16 Tentative Ruling

Case Number: 19STCV35469    Hearing Date: August 16, 2022    Dept: S27

1.     Background Facts

Plaintiffs, Ashley and Jason Heard filed this action against Defendants, City of Long Beach and Neutron Holdings, Inc. for damages arising out of a trip and fall that occurred while Plaintiffs were riding Lime (owned by Neutron) scooters.  Plaintiffs filed their complaint on 10/03/19.  Plaintiffs added Urban Commons International dba The Queen Mary as a doe defendant because the incident occurred on its property. 

The City filed an answer on 12/19/19.  All other parties have also appeared, and there are cross-actions pending. 

2.     Motion for Leave to File a Cross-Complaint

The City seeks leave to file a cross-complaint against Neutron for express indemnity and related causes of action, contending it learned, through discovery, that there is an express indemnity agreement in place between Neutron and the City that provides for indemnification in connection with Plaintiffs’ claims. 

The City timely and properly served its moving papers on all parties, including Neutron, on 7/21/22.  Any opposition to the motion was due on or before 8/03/22.  No party has filed opposition to the motion.  Plaintiffs filed a non-opposition to the motion on 8/01/22.  In light of the liberal standard in favor of having all issues between the parties heard in one action, and in light of the lack of opposition, the motion is granted.

The Court notes that it recently vacated the trial and related dates, and that this cross-complaint will not greatly expand the scope of the issues presented between the parties.  There is, therefore, no prejudice to any party as a result of the granting of this motion.

The City is ordered to file a separate copy of the cross-complaint within five days. 

3.     Case Management Conference

The parties are reminded that there is a CMC on calendar concurrently with the hearing on the motion for leave to file a cross-complaint.  The Court asks Counsel to make arrangements to appear at the CMC and hearing on the motion remotely.