Judge: Michelle C. Kim, Case: 21STCV03338, Date: 2023-08-17 Tentative Ruling

Case Number: 21STCV03338    Hearing Date: March 13, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

THOMAS BERMAN, 

Plaintiff(s), 

vs. 

 

CITY OF LOS ANGELES, ET AL., 

Defendant(s). 

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Case No.: 21STCV03338 

 

[TENTATIVE] ORDER DENYING WITHOUT PREJUDICE MOTION FOR LEAVE TO FILE CROSS-COMPLAINT 

 

Dept. 31 

1:30 p.m. 

March 13, 2024 

 

Plaintiff Thomas Berman filed this action against defendants City of Los Angeles and Does 1 through 100 for damages arising from an alleged dangerous condition of public property. Plaintiff filed amendments to complaint, naming Los Angeles Department of Water & Power as Doe 1, Northwest Excavating, Inc. as Doe 2, Skansa, Inc. as Doe 3, Skansa USA, Inc. as Doe 4, and Regional Connector Constructors, Inc. as Doe 5.  

Regional Connector Constructors, Inc. (“RCC”) filed its Answer to Plaintiff’s complaint on December 5, 2022. RCC now seeks leave to file a cross-complaint. 

However, before proceeding on the merits of the motion, RCC must first cure a procedural defect. RCC’s Notice of motion seeks “leave to file a cross-complaint for negligence, equitable indemnity, apportionment of fault and declaratory relief against cross-defendant, Mohammed Jahanfar (“Mr. Jahanfar”), and FOES 1 through 25.” (Notice, 2:1-3.)  Based on the moving papers and the proposed cross-complaint attached as Exhibit E, the Court surmises that the intention of RCC is to file a cross-complaint against co-defendant Northwest Excavating, Inc., and not against Mr. Jahanfar. The Notice is materially different not only in identifying the party against whom RCC seeks to bring a cross-complaint, but also the causes of action.  

 

Accordingly, the motion is denied without prejudice as to RCC re-filing the motion and curing the above-noted deficiency.  

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 12th day of March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court