Judge: William A. Crowfoot, Case: 20STCV30282, Date: 2022-08-08 Tentative Ruling

Case Number: 20STCV30282    Hearing Date: August 8, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

CONSUELO MARTINEZ,

                   Plaintiff(s),

          vs.

 

CITY OF COVINA,

 

                   Defendant(s).

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      CASE NO.: 20STCV30282

 

[TENTATIVE] ORDER RE: DEFENDANT ROBERT RAAB’S MOTION FOR LEAVE TO FILE CROSS COMPLAINT

 

Dept. 27

1:30 p.m.

August 8, 2022

 

On August 11, 2020, Plaintiff Consuelo Martinez filed this action against Defendant City of Covina (“Covina”).  Plaintiff alleges she fell into a hole created by the removal of a tree.  Covina filed a cross-complaint for indemnity against the abutting property owner, moving defendant Robert Raab (“Raab”).  Raab was then added to the main action as a Doe defendant. 

Raab filed an answer to Covina’s Cross-Complaint on October 26, 2020 and to Plaintiff’s Complaint on December 31, 2020.  On July 1, 2022, Raab filed this motion seeking leave to file a cross-complaint against Alberto Castro (“Castro”), who was allegedly retained by Raab to perform the tree removal and improperly filled the ground where the tree was removed.  The motion is unopposed. 

A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint.  (Cal. Civ. Proc. Code § 428.50 (a).)  Any other cross-complaint may be filed at any time before the court has set a date for trial.  (Cal. Civ. Proc. Code § 428.50 (b).)  A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b).  Leave may be granted in the interest of justice at any time during the course of the action.  (Cal. Civ. Proc. Code § 428.50 (c).)  Where the proposed cross-complaint arises out of the same transaction as a plaintiff’s claim, the court must grant leave to file the cross-complaint so long as the defendant is acting in good faith.  (Cal. Civ. Proc. Code § 426.50.)

The proposed cross-complaint arises from the same transaction as Plaintiff’s claim and there is no evidence that Raab is not acting in good faith.  Accordingly, Raab’s unopposed Motion is GRANTED and Raab is ordered to file the proposed cross-complaint within 5 days of the date of this Order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.