Judge: Michelle C. Kim, Case: 21STCV10223, Date: 2023-09-27 Tentative Ruling

Case Number: 21STCV10223    Hearing Date: September 27, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

TERRILL D. POINTER, as successor-in-interest to GWENDOLYN POINTER, 

Plaintiff(s), 

vs. 

 

CHUKA FOODS INC. DBA DENNY'S 

RESTAURANT, ET AL., 

Defendant(s). 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No.: 21STCV10223 

 

[TENTATIVE] ORDER GRANTING MOTION FOR LEAVE TO FILE CROSS-COMPLAINT 

 

Dept. 31 

1:30 p.m. 

September 27, 2023 

 

I. Background 

Plaintiff, Terrill D. Pointer, as successor-in-interest to Gwendolyn Pointer, (“Plaintiff”), filed this action against Defendants, Chuka Foods Inc. d/b/a Denny’s Restaurant (“Chuka Foods”) and All Ways Steam Cleaning (“All Ways”) for injuries related to a slip and fall.  

At this time, Chuka Foods seek leave to file a cross-complaint against All Ways for implied indemnity and contributory negligence. Any opposition to the motion was due on or before September 14, 2023; none have been filed.  

 

II. Motion for Leave to File Cross-Complaint  

A cross-complaint against any of the parties who filed the initial complaint or cross-complaint against the cross-complainant must be filed before or at the same time as the answer to the initial complaint or cross-complaint, which answer must be filed within 30 days of service of the complaint or cross-complaint.  (CCP §§ 412.20(a)(3), 428.50(a), 432.10.)  Any other cross-complaint may be filed at any time before the court has set a trial date.  (CCP §428.50(b).)    

If a party fails to file a cross-complaint within the time limits described above, he or she must obtain permission from the court to file the cross-complaint.  (CCP §§ 426.50, 428.50(c).)  Leave to file a mandatory cross-complaint must be granted absent bad faith. (Silver Organizations, Ltd. v. Frank (1990) 217 Cal.App.3d 94, 99.)  Leave to file a permissive cross-complaint need only be granted in the interest of justice. (CCP §428.50(c).) Where the proposed cross-complaint arises out of the same transaction as plaintiff’s claim, the court must grant leave to file the cross-complaint so long as defendant is acting in good faith. (Code Civ. Proc., § 426.50.) 

On November 4, 2022, Chuka Foods filed its Answer to Plaintiff’s First Amended Complaint. Here, Chuka Foods contend that the complaint and the proposed cross-complaint arise from the same incident, and that defense counsel mistakenly failed to file a cross-complaint at the time of the filing of the Answer. No parties oppose the motion. Furthermore, trial is currently set for February 20, 2024. With the current trial date, there is sufficient time to complete discovery, and the Court finds leave to file the proposed cross-complaint would be in the interest of justice with no identifiable prejudice.  

 The motion for leave to file a cross-complaint is GRANTED. Chuka Foods is ordered to file its proposed cross-complaint within ten (10) days of the date of this Order. 

 

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 26th day of September 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court