Judge: William A. Crowfoot, Case: 24AHCV00034, Date: 2025-05-29 Tentative Ruling

Case Number: 24AHCV00034    Hearing Date: May 29, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

On January 5, 2024, Plaintiff Ramzi Ennabi filed this action against Defendant Hughes Markets, Inc. dba Ralphs (“Defendant”, erroneously sued as Ralphs Grocery Company) arising from a slip and fall. Defendant filed an Answer on February 26, 2024. On April 17, 2025, Defendant filed this motion for leave to file a cross-complaint against its vendor, Sunrise, for indemnification, apportionment of fault, declaratory relief, and breach of contract. Defendant states that it believes, based on its investigation, that an outside porter employed by Sunrise operated a blue cleaning machine that was leaking water onto the floor. (Motion, p. 3.) Defendant has requested that Sunrise defend and/or indemnify it in this action based on the terms of its vendor agreement with Sunrise, but Defendant has not received any response.

Where, as here, 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. (Code Civ. Proc., § 426.50.) There is no evidence of bad faith and Defendant explains that it did not bring an earlier cross-complaint in hopes of resolving the issue of defense and indemnification without judicial involvement. The tender letter was served on February 25, 2025, and this motion was filed shortly thereafter on April 17 2025.

In light of the foregoing, Defendant’s Motion is GRANTED and Defendant is ordered to file the proposed cross-complaint within 5 days of the date of this Order.

Moving party to give notice.

Dated this 29th day of May 2025

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.