Judge: Michael E. Whitaker, Case: 22SMCV01213, Date: 2023-09-18 Tentative Ruling

Case Number: 22SMCV01213    Hearing Date: September 18, 2023    Dept: 207

TENTATIVE RULING

MOTION

Plaintiff Kamran Setareh (“Plaintiff”) sued Defendants Iraj Kanani (Kanani) and Iranian Jewish Senior Center[1] (“IJSC”) for intentional infliction of emotional distress, civil assault, civil battery, and elder abuse, on the basis of a verbal and physical altercation that occurred on IJSC’s premises on April 26, 2021, while Plaintiff was visiting his father at IJSC. 

IJSC seeks leave to file a cross-complaint against Plaintiff and Plaintiff’s brother, Mehrdad Setareh, on the basis that they are guarantors on an outstanding balance owed related to their mother’s residence at the facility from April 16, 2019 to December 15, 2020.  The motion is unopposed.

ANALYSIS

A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following:

(a)   Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Part 3.

(b)   Any 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.)

(a)   A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint.

(b)   Any other cross-complaint may be filed at any time before the court has set a date for trial.

(c)   A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.

(Code Civ. Proc., § 428.50.)

IJSC has not demonstrated that Plaintiff’s and Mehrdad Setareh’s guaranty on their mother’s account balance stemming from her residency at the facility from 2019-2020 “arises out of the same transaction, occurrence, or series of transactions or occurrences” as the verbal and physical altercation that allegedly occurred against Plaintiff on IJSC’s premises in 2021 while Plaintiff was visiting his father.  Nor has IJSC demonstrated that the source of its claims for breach of guaranty, open book account, or account stated are “the subject of the cause brought against” it in this action. 

Thus, pursuant to Code of Civil Procedure section 428.10, IJSC’s proposed unrelated cross-claims against Mehrdad Setareh, a nonparty to the existing action, are procedurally improper.

CONCLUSION AND ORDER

For the reasons stated, the Court denies IJSC’s motion for leave to file the proposed cross-complaint in this action. 

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