Judge: Michelle C. Kim, Case: 22STCV04790, Date: 2023-08-23 Tentative Ruling

Case Number: 22STCV04790    Hearing Date: March 4, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

YESENIA ANDRADE, 

Plaintiff(s), 

vs. 

 

NGL TRANSPORTATION, LLC, ET AL., 

Defendant(s). 

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Case No.: 22STCV04790 (C/W 23CMCV00131) 

 

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

 

Dept. 31 

1:30 p.m. 

March 4, 2024 

 

I. Background 

Plaintiff Yesenia Andrade filed this action against defendants NGL Transportation, LLC (“NGL”) and Pedro Millancova (“Millancova”) for damages arising from an automobile collision. This action was consolidated with Case No. 23CMCV00131, filed by Plaintiff Jamel Dupree Phillips (“Plaintiff Phillips”) against NGL, Millancova, and Suitable Staffing Solutions, Inc. (Doe 1) (“Suitable Staffing”).  

NGL (erroneously sued as NGL Transportation, LLC) and Millancova (collectively, “Defendants”) now seek leave to file a cross-complaint against Plaintiff Phillips and Suitable Staffing for indemnity, contribution, declaratory relief, breach of contract re: insurance, and negligence. 

As of February 20, 2024, no opposition was 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.  §428.50(c). 

Here, Defendants contend they should be granted leave to file the cross-complaint against Plaintiff Phillips and Suitable Staffing due to an agreement between NGL and Suitable Staffing, which covered the employment of Millancova on the date of the incident. NGL tendered defense to Everest Insurance, which provided coverage to Suitable Staffing. NGL argues it should be named as an additional insured under the insurance policy of Suitable Staffing.  

The proposed cross-complaint and complaints arise from the same incident and should be litigated together. There is no evidence Defendants have been dilatory in seeking to file the cross-complaint. Further, the Court finds no party will be prejudiced by the filing of the cross-complaint, as no parties oppose the motion and Defendants declare that they are coordinating a separate motion to continue the trial date. The trial date is currently set for May 13, 2024.    

 

Defendants’ motion for leave to file the cross-complaint is GRANTED.  Defendants are ordered to file a separate copy of the cross-complaint within ten (10) days.   

 

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 1st day of March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court