Judge: Steven A. Ellis, Case: 22STCV17537, Date: 2023-08-04 Tentative Ruling

Case Number: 22STCV17537    Hearing Date: February 7, 2024    Dept: 29

Motion for Leave to File Cross-Complaint from Defendant Environmental Service Concepts, LLC.

Tentative

The motion is granted.

Background

On May 27, 2022, Carlos Perea (“Plaintiff”) filed his Complaint against Defendants GCS Equity, LLC (“GCS”), Environmental Service Concepts, LLC (“Environmental”), and Does 1 through 20, asserting causes of action for negligence and premises liability.  GCS filed its Answer on July 12, 2022.  Environmental filed its Answer on July 20, 2022.

On January 9, 2024, Environmental filed this motion for leave to file a cross-complaint against GCS and Roes 1 through 25.

No party has filed any opposition to the motion.

Legal Standard

Code of Civil Procedure section 428.10 provides that a party against whom a cause of action has been asserted may file a cross-complaint setting forth:  “(b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.”  (Code Civ. Proc., § 428.10, subd. (b).) A party shall obtain leave of court to file a cross-complaint against an existing party if it is not concurrently filed with the answer. Leave may be granted “in the interest of justice at any time during the course of the action.”  (Code Civ. Proc., § 428.10, subd. (c).) 

Discussion

Environmental seeks to file a permissive cross-complaint against GCS for indemnity.  This cross-complaint arises out of the same facts as the Complaint.

As no party has filed an opposition to the motion, the Court concludes that no party would suffer any unfair prejudice from the requested relief.

The Court finds that the requested relief would serve the interests of justice.  Accordingly, the motion is GRANTED.

Conclusion

The Court GRANTS the motion to file a cross-complaint.

The Court GRANTS Environmental leave to file the Cross-Complaint attached as Exhibit A to the moving papers within 10 days of notice.

Moving Party to give notice.