Judge: Michelle C. Kim, Case: 23STCV04630, Date: 2023-09-14 Tentative Ruling

Case Number: 23STCV04630    Hearing Date: September 14, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

LISA COTTRELL and MICHAEL COTTRELL, 

Plaintiff(s), 

vs. 

 

TSV SOUND & VISION, LLC, ET AL., 

Defendant(s). 

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Case No.: 23STCV04630 

 

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

 

Dept. 31 

1:30 p.m. 

September 14, 2023 

 

I. Background 

Plaintiffs, Lisa Cottrell (“Lisa”) and Michael Cottrell (“Michael”) (collectively, “Plaintiffs”), filed this action against Defendants, TSV Sound & Vision, LLC (“TSV”), That’s Your Ballgame, LLC ("TYB"), EMRG Media LLC, Michael Ernest Greig (“Greig”), Matthew Todd Cooper ("Cooper"), Erica B. Maurer, City of Los Angeles, and Does 1 through 50 for injuries related to a 1200-pound LED screen which fell on Plaintiff Lisa while she was standing on an elevated stage. Plaintiff Michael brings a claim for loss of consortium. 

At this time, Defendants TYB and Cooper seek leave to file a cross-complaint against TSV and Greig for equitable indemnity, apportionment of fault, contribution, and declaratory relief. Any opposition to the motion was due on or before August 31, 2023; none have been filed. Further, Plaintiff Lisa filed a notice of non-opposition to the motion. 

 

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.) 

Here, TYB and Cooper contend that the complaint and cross-complaint arise from the same incident and should be litigated together. TYB and Cooper argue that TSV and Grieg will suffer no prejudice because initial discovery had just commenced, and trial is not until August 29, 2024. Neither TSV nor Grieg filed any opposition to the motion. Accordingly, with the current trial date, there is sufficient time to complete discovery, and that 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. TYB and Cooper are ordered to file their 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 13th day of September 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court