Judge: Theresa M. Traber, Case: 23PSCV00016, Date: 2023-09-12 Tentative Ruling

Case Number: 23PSCV00016    Hearing Date: September 12, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     September 12, 2023               TRIAL DATE: September 3, 2024

CASE:                         3BTech, Inc. v. Pro-Com Products Inc., et al.

CASE NO.:                 23PSCV00016           

MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

MOVING PARTY:               AJ Global Group

RESPONDING PARTY(S): No response on eCourt as of 9/8/23

CASE HISTORY:

·         01/04/23: Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is one of several related actions arising from a warehouse fire that destroyed some $13 million worth of Plaintiff’s stock. Plaintiff sued Defendants for negligence in their provision of security, fire suppression, and safe storage of Plaintiff’s materials. 

Defendant AJ Global Group moves for leave to file a permissive cross-complaint.

TENTATIVE RULING:

Defendant’s Motion for Leave to File a Cross-Complaint is GRANTED. A stand-alone copy of the cross-complaint is to be filed within 5 days and served within 10 days of the date of this order. 

DISCUSSION:

            Under Code of Civil Procedure section 428.10, a party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross complaint against another party setting forth:

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(b).) A cross-complaint against another party may be filed as of right at any time before the court has set a date for trial, but thereafter requires leave of court. (Code Civ. Proc. § 428.50(b)-(c).) Leave may be granted in the interest of justice at any time during the action. (Code Civ. Proc. § 428.50(c).)

            Defendant AJ Global Group brings this motion to assert cross-claims for defense, contribution, and indemnity against Defendant Pro-Com Products with respect to Plaintiff’s negligence claim. Moving Defendant claims that Defendants in this action signed a lease agreement for the warehouse where the fire took place, and that section 6 of that contract contains an express provision that Pro-Com, as the Lessee, agreed to indemnify and defend the Moving Defendant, the Lessor, for any damage to property occurring at the warehouse. (Declaration of Scott S. Blackstone Exh. A. § 6.) The Court finds Defendant has demonstrated that the claims asserted arise out of the same series of occurrences as those asserted in the operative pleadings, such that the interests of judicial economy and justice would be served by having these claims resolved together. Neither Plaintiff nor Pro-Com have opposed this motion, and therefore have not shown that they would suffer any prejudice thereby. (Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1118.) 

            The Court therefore finds good cause to grant leave to file this cross-complaint.

CONCLUSION:

            Accordingly, Defendant’s Motion for Leave to File a Cross-Complaint is GRANTED. A stand-alone copy of the cross-complaint is to be filed within 5 days and served within 10 days of the date of this order. 

            Moving Parties to give notice.

IT IS SO ORDERED.

Dated: September 12, 2023                            ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.