Judge: William A. Crowfoot, Case: 22STCV07347, Date: 2022-09-26 Tentative Ruling

Case Number: 22STCV07347    Hearing Date: September 26, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MARIO ROLANDO PAIZ LUNA, et al.,

                   Plaintiff(s),

          vs.

 

8960 SEPULVEDA LLC, et al.,

 

                   Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

      CASE NO.: 22STCV07347

 

[TENTATIVE] ORDER RE: MOTION FOR LEAVE TO FILE CROSS COMPLAINT

 

Dept. 27

1:30 p.m.

September 26, 2022

 

On March 1, 2022, Plaintiffs Mario Rolando Paiz Luna and Jasmine Paiz filed this action against Defendants 8960 Sepulveda LLC (“8960 Sepulveda”), Silvia Del Carmen Cruz (“Del Carmen Cruz”), Hamlet Enterprizes, Inc. (“Hamlet”), and Juan Garcia Gonzalez (“Gonzalez”) arising from a May 4, 2022, motor vehicle collision.  8960 Sepulveda and Hamlet (collectively, “Defendants”) filed an Answer on April 28, 2022. 

On August 29, 2022, Defendants filed this Motion seeking leave to file a cross-complaint against Del Carmen Cruz and Gonzalez.  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.)

Defendants seek leave to file a cross-complaint for equitable indemnity, comparative indemnity, contribution, and declaratory relief.  Defendants state the motion is brought in good faith after their investigation determined the existence of indemnity rights against Del Carmen Cruz and Gonzalez.  Furthermore, there is still one year before trial and sufficient time to conduct discovery.  Therefore, none of the parties will be prejudiced. 

Defendants’ Motion is GRANTED and Defendants are 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.