Judge: William A. Crowfoot, Case: 23AHCV02346, Date: 2024-06-28 Tentative Ruling

Case Number: 23AHCV02346    Hearing Date: June 28, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

On October 10, 2023, Plaintiffs Michael Willmon and Bette Jean Minoogian Willmon (“Willmon”), through her successor-in-interest Michael Willmon, (collectively, “Plaintiffs”) filed this action against Defendants California Medical Response Inc. dba Cal-Med Ambulance Service (“Cal-Med”), Juan Espinoza (“Espinoza”), and Ashliy Arias (“Arias”) (collectively, “Defendants”). Plaintiffs also named Pasadena Hospital Association, LTD dba Huntington Hospital (“Huntington Hospital”) and Charles W. Bugg, M.D. (“Dr. Bugg”) as defendants.

On November 20, 2023, Cal-Med and Espinoza filed separate answers. Arias filed an answer on December 6, 2023.

On March 21, 2024, Defendants filed this Motion seeking leave to file a cross-complaint against Pasadena Park Healthcare & Wellness Center (“Pasadena Park”). 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. (Code Civ. Proc. § 428.50, subd. (a).) Any other cross-complaint may be filed at any time before the court has set a date for trial. (Id., subd. (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. (Id., subd. (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. (Id., § 426.50.)

This action arises from an incident that took place on January 17, 2023, when Willmon was being transported into her nursing home at Pasadena Park on a gurney. Plaintiffs allege that Espinoza and Arias, while in the course and scope of their employment by Cal-Med, negligently lost control of the gurney when its right rear wheel struck the corner of the disability access walkway outside Pasadena Park. Defendants assert the cracks and uneven surface of the walkway, and the fact that no alternative walkways were available, were a concurrent or contributing factor to Willmon’s injuries and subsequent death.

Defendants’ proposed cross-complaint arises from the same transaction underlying Plaintiff’s complaint and it does not appear that Defendants are not acting in good faith. Accordingly, 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.

Dated this 28th day of June 2024

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.