Judge: Michelle C. Kim, Case: 22STCV26196, Date: 2023-10-23 Tentative Ruling

Case Number: 22STCV26196    Hearing Date: October 23, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

WHITLEY RACHELL WILKINS, 

Plaintiff(s), 

vs. 

 

FOOT LOCKER RETAIL, INC., ET AL., 

Defendant(s). 

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Case No.: 22STCV26196 

 

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

 

Dept. 31 

1:30 p.m. 

October 23, 2023 

 

I. Background 

Plaintiff Whitley Rachell Wilkins (“Plaintiff”) filed this action against Defendants Foot Locker Retail, Inc., John Doe, and Does 1 to 100 for injuries related to an assault and battery on Plaintiff while inside a store.  

At this time, Defendant Foot Locker Retail, Inc. (“Foot Locker”) seeks leave to file a cross-complaint against A.J. Molino & Associates, Inc. (“A.J”) for equitable indemnification, equitable contribution, 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.) 

On September 20, 2022, Foot Locker filed its Answer to Plaintiff’s Complaint. Foot locker contends that after it deposed Wilkins and obtaining further information in written discovery, Foot Locker determined A.J, which provided unarmed security services, may be responsible for all or part of Plaintiff’s claimed harm arising from the incident. On October 12, 2022, Foot Locker tendered defense of this matter to A.J. The general liability carrier for A.J., Conifer Insurance Company, accepted tender of defense and agreed to defend Foot Locker in this action. However, on February 23, 2023, Conifer Insurance then withdrew its acceptance of the previously accepted tender, and refused to defend and indemnity Foot Locker. Therefore, Foot Locker filed the instant motion for leave to file its cross-complaint against A.J. at the first available opportunity.   

No parties oppose the motion. With the current trial date set for February 9, 2024, 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. Foot Locker 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 20th day of October 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court