Judge: Michelle C. Kim, Case: 21STCV32526, Date: 2023-07-11 Tentative Ruling

Case Number: 21STCV32526    Hearing Date: November 7, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

MANUEL JESSE FRIAS JR, 

Plaintiff(s), 

vs. 

 

CITY OF PICO RIVERA, ET AL., 

Defendant(s). 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No.: 21STCV32526 

 

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

 

Dept. 31 

1:30 p.m. 

November 7, 2023 

 

I. Background 

Plaintiff, Manuel Jesse Frias Jr (“Plaintiff”) filed this action against Defendants, City of Pico Rivera, County of Los Angeles, and California Department of Transportation for premises liability relating to a trip and fall over a protruding metal pole on the sidewalk. Thereafter, Plaintiff dismissed the County of Los Angeles and California Department of Transportation.  

On September 12, 2023, Plaintiff filed an amendment to complaint naming Southern California Edison (“SCE”) Company as Doe 1.  

At this time, Defendant City of Pico Rivera (“City”) seeks leave to file a cross-complaint against SCE for express indemnity, implied indemnity, and declaratory relief.  

The motion is unopposed.  

 

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.) 

The City declares it recently discovered an existing ordinance dating back to April 18, 1958, which allowed SCE to perform repairs and improvements on city-owned sidewalks where utilities are located. Plaintiff here tripped and fell on a utility hook/metal protrusion, which the City avers SCE had installed without the City’s consent or knowledge. No parties oppose the motion. Plaintiff also recently named SCE as a defendant on September 12, 2023. Furthermore, Trial is currently set for March 8, 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 therefore GRANTED. The City 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 6th day of November 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court