Judge: Mark E. Windham, Case: 23STLC03340, Date: 2024-04-10 Tentative Ruling

Case Number: 23STLC03340    Hearing Date: April 10, 2024    Dept: 26

MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT

(CCP §§ 428.10, 429.10(b), and 428.50(c).)

TENTATIVE RULING: GRANT

Southern California Edison Company’s Motion for Leave to File a Cross-Complaint is GRANTED.

Background

            Cristian Radulescu (Plaintiff) filed a Complaint on May 22, 2023 against Southern California Edison (Defendant) alleging one cause of action for negligence after an electrical pole fell on Plaintiff’s truck on January 13, 2022. (Complaint, ¶¶ 3 and 8.) The motion now before the Court is Defendant’s Motion for Leave to File a Cross-Complaint (the Motion). The Motion is unopposed.

Discussion

Legal Standard

A cross-complaint may be filed by anyone against whom a complaint or cross-complaint has been filed. (CCP § 428.10.) The cross-complaint may be filed at any time before the Court has set a date for trial. (CCP § 428.50(b).) If the proposed cross-complaint is permissive, leave of court may be granted "in the interest of justice" at any time during the course of the action. (Code Civ. Proc. § 428.50 (c).)

Analysis

            Defendant requests leave to file a cross-complaint because Defendant has reason to believe that there exist third parties who bear liability, specifically: (1) the City of Commerce, (2) Kafil Construction, (3) Bruce Johan Kafil, and (4) Lotus LA LLC. (Motion, 3:8-9.) Defendant argues that granting the Motion is in the interests of justice because it will help avoid additional litigation and discovery expense. Moreover, the cross-claims that Defendant is proposing arise from the same incident alleged in Plaintiff’s Complaint. Finally, Defendant has reason to believe that the aforementioned third parties may be liable in a similar incident that occurred on the same date at the same location. (See Declaration of Chelsea T. Ner, ¶ 6.) Therefore, the Motion is granted.         

Conclusion

            Accordingly, Southern California Edison Company’s Motion for Leave to File a Cross-Complaint is GRANTED.

Moving party to give notice.