Judge: Thomas D. Long, Case: 21STCV36875, Date: 2023-02-07 Tentative Ruling

Case Number: 21STCV36875    Hearing Date: February 7, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 6, 2021, Plaintiffs Yasaman Banayan, Roya Morovati, and Manouchehr Banayan (collectively, “Plaintiffs”) filed this action against Defendants Wilshire Manning Homeowners Association, Inc. (“Wilshire Manning”), Sofia Dacarett-Char, and Bahar Davidoff (collectively, “Defendants”).  The complaint alleges that on or about May 31, 2021, Defendants did not inspect and repair damage to the plumbing or sewer system, resulting in a water leak that damaged Plaintiffs’ condominium units.  Defendants also failed to make subsequent necessary repairs after the water leak.

On December 6, 2021, Defendant Bahar Davidoff filed an answer and a cross-complaint against Wilshire Manning and Sofia Dacarett-Char.  The cross-complaint seeks equitable indemnity, equitable contribution, and declaratory relief.

On July 11, 2022, Wilshire Manning filed a second amended cross-complaint against Dacarett-Char and Davidoff, alleging breach of contract, express indemnification, implied indemnity, comparative contribution, total equitable indemnity, and declaratory relief.

On January 6, 2023, Davidoff filed a motion for leave to file another cross-complaint.

When a cross-complaint arises of the same transaction, occurrence, or series of transactions or occurrences as the plaintiff’s cause of action, the cross-complaint is compulsory, and if a defendant fails to timely file the cross-complaint, he may not bring them in a later action.  (Code Civ. Proc., § 426.30, subd. (a).)  A court must grant an application for leave to file such a related cross-complaint if the defendant acted in good faith, especially if denial would lead to forfeiture of claims.  (Code Civ. Proc., § 426.50.)  For permissive cross-complaints, a court may grant leave to file a late cross-complaint in the interest of justice at any time during the course of the action.  (Code Civ. Proc., § 428.50, subd. (c).)

Davidoff seeks leave to file a permissive cross-complaint against Plaintiffs alleging unjust enrichment, money had and received, and conversion, related to non-payment of rent.  Davidoff explains that he did not assert these claims earlier because they did not arise until the end of May 2022, and his answer and original cross-complaint were filed on December 6, 2021.  Davidoff contends that his proposed additional cross-complaint overlaps with the same set of facts and circumstances as the original complaint: “namely, Cross-Defendants’ tenancy at the Property.”  (Motion at p. 2.)

No oppositions were filed, and there is no prejudice shown to Plaintiffs/Proposed Cross-Defendants.  Resolving all claims between the parties within the same action is in the interests of justice and judicial efficiency.

The motion for leave to file a cross-complaint is GRANTED.  Davidoff is ordered to file and serve the cross-complaint within five days.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

       Dated this 7th day of February 2023