Judge: Michael E. Whitaker, Case: 21STCV45997, Date: 2023-06-29 Tentative Ruling

Case Number: 21STCV45997    Hearing Date: June 29, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

Plaintiff Angelina Garcia (Plaintiff) sued Defendant Los Angeles County Metropolitan Transportation Authority (MTA) based on injuries Plaintiff alleges she sustained while riding a bus operated by MTA, which was involved in a motor vehicle accident on April 8, 2021. MTA seeks leave to file a cross-complaint against the other driver involved in the accident, Maria Ochoa Pena (Pena). The motion is unopposed. 

ANALYSIS

Per Code of Civil Procedure section 428.10, a party against whom a cause of action is asserted may file a cross-complaint to assert “[a]ny 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, subd. (b).)  A party must obtain leave of court to file a cross-complaint if the party does not file the cross-complaint at the same time as the answer.  The court may grant leave to file a cross-complaint in the interests of justice at any time during the course of the action.  (Code Civ. Proc., § 428.10, subd. (c).) 

Moving Defendant MTA seeks leave to assert claims for implied indemnity, equitable indemnity, apportionment, contribution, and declaratory relief against Pena.  “Undoubtedly, a claim for contribution or indemnity ‘arises out of’ the same transaction or occurrence as the plaintiff's claim.”  (Countrywide Home Loans, Inc. v. Superior Court (1999) 69 Cal.App.4th 785, 799.)

MTA contends that Pena abruptly made an unexpected lane change in front of MTA’s bus. MTA asserts that Pena’s lane change caused the bus operator to hit his brakes which is the cause of Plaintiff’s injuries. Accordingly, the Court concludes it is in the interests of justice to resolve all issues regarding liability and comparative fault for the underlying incident in this action.

CONCLUSION AND ORDER

Therefore, the Court grants MTA’s motion for leave to file a cross-complaint pursuant to Code of Civil Procedure section 428.10, subdivision (b), and orders MTA to file and serve the proposed cross-complaint on or before July 27, 2023. 

Defendant MTA shall provide notice of the Court’s ruling and file  proof of service of such.