Judge: William A. Crowfoot, Case: 24NNCV00528, Date: 2025-01-21 Tentative Ruling

Case Number: 24NNCV00528    Hearing Date: January 21, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

KEVIN BRANDON,

                    Plaintiff(s),

          vs.

 

KAISER FOUNDATION HEALTH PLAN, INC., et al.,

 

                    Defendant(s).

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      CASE NO.: 24NNCV00528

 

[TENTATIVE] ORDER RE: DEFENDANT/CROSS-DEFENDANT SPECIALIZED ELEVATOR SERVICES, LLC’S MOTION FOR LEAVE TO FILE CROSS COMPLAINT

 

 

Dept. 3

8:30 a.m.

January 21, 2025

 

On March 27, 2024, Plaintiff Kevin Brandon filed this action against Defendant Specialized Elevator Services, LLC (“SES”) arising from a malfunctioning elevator. SES filed an Answer on June 5, 2024. On June 6, 2024, co-defendants Orange Medical Partners (“Orange Medical”) and Tiarna Real Estate (“Tiarna”) filed a cross-complaint against SES. On December 2, 2024, SES filed this motion seeking leave to file a cross-complaint against Orange Medical and Tiarna or equitable indemnity, contribution, and apportionment. The motion is unopposed.

A party who fails to file a cross-complaint asserting any related cause of action may seek leave from the court to do so at any time during the course of the action. (Code Civ. Proc., §§ 426.30, subd. (a); 426.50.) The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to file the cross-complaint if the party acted in good faith. (Code Civ. Proc., § 426.50.)

SES seeks leave to file a compulsory cross-complaint against Orange Medical and Tiarna as the owner and managing agent, respectively, for the premises on which the allegedly malfunctioning elevator was located. SES alleges that Orange Medical and Tiarna had the exclusive duty to control, maintain, and provide notice of any malfunction or defect experienced by the elevator and caused Plaintiff’s injuries.

SES’s proposed cross-complaint arises from Plaintiff’s complaint and Orange Medical and Tiarna’s cross-complaint. Further, there is no evidence that SES is not acting in good faith. Accordingly, SES’s motion is GRANTED and SES is ordered to file its proposed cross-complaint within 5 days of the date of this Order.

Moving party to give notice.

 

Dated this 21st day of January 2025

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

 

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.