Judge: William A. Crowfoot, Case: 20STCV40465, Date: 2022-10-28 Tentative Ruling

Case Number: 20STCV40465    Hearing Date: October 28, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 21, 2020, Plaintiff Richard Leyba filed this action against Defendant All American Asphalt (“AAA”) arising from a trip and fall that occurred on November 4, 2018.  AAA filed an answer on November 23, 2020.  On February 15, 2022, Old Republic General Insurance Corporation (“Old Republic”) filed, with leave of court, a complaint in intervention. 

On February 28, 2022, Plaintiff added More Truck Lines (“MTL”) as a Doe defendant.  MTL filed an answer on April 25, 2022. 

On March 21, 2022, AAA filed an answer to Old Republic’s complaint in intervention. 

On July 19, 2022, AAA filed this motion for leave to file a cross-complaint against Short Load Concrete, Inc. (“Short Load”) for express indemnity.  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 plaintiff’s claim, the court must grant leave to file the cross-complaint so long as defendant is acting in good faith.  (Cal. Civ. Proc. Code § 426.50.)

AAA argues that a purchase order requires Short Load to indemnify it and that Short Load has refused to defend or indemnify AAA, necessitating the filing of a cross-complaint.  Finding no showing of bad faith, the court GRANTS AAA’s unopposed motion.  AAA 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.