Judge: Stephen P. Pfahler, Case: 21CHCV00738, Date: 2022-09-07 Tentative Ruling

Case Number: 21CHCV00738    Hearing Date: September 7, 2022    Dept: F49

Dept. F-49

Date: 9-7-22

Case # 21CHCV00738

Trial Date: 3-6-2023

LEAVE CROSS-COMPLAINT

MOVING PARTY: Defendant, A.M. Simone, Inc.

RESPONDING PARTY: Unopposed/Plaintiff, Grant Brown[1]

RELIEF REQUESTED:

Motion for Leave to File a Cross-Complaint

SUMMARY OF ACTION:

On May 5, 2020, Plaintiff Grant Brown, one among multiple tenants, entered into a written lease for certain premises located at 15530 Tuba St., Mission Hills, with Defendant A.M. Simone, Inc. Plaintiff alleges Defendant failed to maintain the premises, thereby allowing for a mice and rat infestation. When Plaintiff complained about the insufficient efforts to control the rodent problem, Plaintiff alleges service of a 30 day notice to quit. Since the property is located in the City of Los Angeles, Plaintiff alleges the notice violates the moratorium against evictions under the “no fault” eviction ban. An unlawful detainer was filed, which was later dismissed.

On September 23, 2021, Plaintiff filed a verified complaint for Declaratory Relief, Breach of Written Contract, Violation of Civil Code section 1942.5, Retaliation, Breach of Implied Warranty of Habitability, Constructive Eviction, Breach of Implied Covenant of Quiet Enjoyment, Violation of Los Angeles Municipal Code section 49.99.2, subdivision (E)(2), Bad Faith Retention of Security Deposit, and Negligence Per Se. On January 14, 2022, Defendant answered the complaint with an unverified answer.

RECOMMENDED RULING: Granted

Defendant A.M. Simone, Inc. moves for leave to file a cross-complaint for Breach of Contract, Breach of Covenant of Good Faith and Fair Dealing, Waste, Negligence, and Declaratory Relief. Defendant failed to timely file the cross-complaint with the answer, and therefore seeks leave. (Code Civ. Proc., § 428.50.)

Defendant moves for leave on grounds that following the dismissed unlawful detainer action, Defendant filed a small claims action (21CHSC00953), which was scheduled for hearing on October 7, 2021. Meanwhile, on September 23, 2021, Plaintiff filed the subject complaint.

On September 28, 2021, Plaintiff filed a motion to transfer the action to the instant case, which was granted. Defendant brings the subject motion, due to the lapse in time following the answer and the realization of the necessity to incorporate the previously filed small claims action into the subject action. (Code Civ. Proc., § 426.50.)

The court finds the basis of the cross-complaint arises out of the parties’ transaction, and therefore should be addressed as a cross-complaint rather than a separate complaint. The unopposed motion is therefore granted. Moving party to file a separate copy of the cross-complaint within 10 days of the order.

Defendant to give notice.