This case was last updated from Los Angeles County Superior Courts on 09/24/2020 at 08:19:40 (UTC).

SANDRA BERUMEN, ET AL. VS ALEXANDRA JUDITH CAMPBELL

Case Summary

On 09/10/2018 SANDRA BERUMEN filed a Personal Injury - Motor Vehicle lawsuit against ALEXANDRA JUDITH CAMPBELL. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1582

  • Filing Date:

    09/10/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiffs

BERUMEN SANDRA

PINEDA SOPHIA

Defendant and Cross Plaintiff

CAMPBELL ALEXANDRA JUDITH

Cross Defendant

GOLDSICH KATHERINE

Attorney/Law Firm Details

Plaintiff Attorney

MOGHADDAS PAYVAND

Defendant and Cross Plaintiff Attorneys

JOHNSON SPENCER

MYERS JEFFREY CABOT

Cross Defendant Attorney

BRISCOE J. JACKSON

 

Court Documents

Association of Attorney - Association of Attorney

9/9/2020: Association of Attorney - Association of Attorney

Answer - Answer

9/21/2020: Answer - Answer

Notice (name extension) - Notice Notice of Ruling

7/17/2020: Notice (name extension) - Notice Notice of Ruling

Minute Order - Minute Order (Hearing on Motion for Leave to File a Cross-Complaint)

7/15/2020: Minute Order - Minute Order (Hearing on Motion for Leave to File a Cross-Complaint)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

6/9/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration of Counsel

6/9/2020: Declaration (name extension) - Declaration of Counsel

Notice (name extension) - Notice of Change of Firm Name

6/3/2020: Notice (name extension) - Notice of Change of Firm Name

Ex Parte Application (name extension) - Ex Parte Application for an Order to Continue Trial

6/3/2020: Ex Parte Application (name extension) - Ex Parte Application for an Order to Continue Trial

Declaration (name extension) - Declaration of Counsel

6/3/2020: Declaration (name extension) - Declaration of Counsel

Opposition (name extension) - Opposition Plaintiffs' Opposition to Defendant's Ex Parte Application for Order to Continue Trial Date

6/4/2020: Opposition (name extension) - Opposition Plaintiffs' Opposition to Defendant's Ex Parte Application for Order to Continue Trial Date

Minute Order - Minute Order (Hearing on Ex Parte Application for an Order to Continue Trial)

6/5/2020: Minute Order - Minute Order (Hearing on Ex Parte Application for an Order to Continue Trial)

Stipulation and Order (name extension) - Stipulation and Order to continue trial and related dates

1/30/2020: Stipulation and Order (name extension) - Stipulation and Order to continue trial and related dates

Proof of Service by Substituted Service - Proof of Service by Substituted Service

11/19/2018: Proof of Service by Substituted Service - Proof of Service by Substituted Service

General Denial - General Denial

12/11/2018: General Denial - General Denial

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

12/11/2018: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Civil Case Cover Sheet

9/10/2018: Civil Case Cover Sheet

Summons - on Complaint

9/10/2018: Summons - on Complaint

Notice of Case Assignment - Limited Civil Case

9/10/2018: Notice of Case Assignment - Limited Civil Case

15 More Documents Available

 

Docket Entries

  • 12/08/2020
  • Hearing12/08/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/21/2020
  • DocketAnswer; Filed by: Katherine Goldsich (Cross-Defendant); As to: Alexandra Judith Campbell (Cross-Complainant)

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  • 09/21/2020
  • DocketCross-Complaint; Filed by: Katherine Goldsich (Cross-Defendant); As to: Alexandra Judith Campbell (Cross-Complainant)

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  • 09/21/2020
  • DocketSummons on Cross Complaint; Issued and Filed by: Katherine Goldsich (Cross-Defendant); As to: Alexandra Judith Campbell (Cross-Complainant)

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  • 09/09/2020
  • DocketAssociation of Attorney; Filed by: Alexandra Judith Campbell (Defendant)

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  • 08/19/2020
  • DocketProof of Service by Substituted Service; Filed by: Alexandra Judith Campbell (Cross-Complainant); As to: Katherine Goldsich (Cross-Defendant); Proof of Mailing Date: 08/13/2020; Service Cost: 253.81; Service Cost Waived: No

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  • 07/17/2020
  • DocketCross-Complaint; Filed by: Alexandra Judith Campbell (Defendant); As to: Katherine Goldsich (Cross-Defendant)

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  • 07/17/2020
  • DocketSummons on Complaint; Issued and Filed by: Alexandra Judith Campbell (Defendant); As to: Katherine Goldsich (Cross-Defendant)

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  • 07/17/2020
  • DocketNotice of Trial; Filed by: Alexandra Judith Campbell (Defendant)

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  • 07/17/2020
  • DocketNotice Notice of Ruling; Filed by: Alexandra Judith Campbell (Defendant)

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24 More Docket Entries
  • 12/11/2018
  • DocketNotice of Posting of Jury Fees; Filed by: Alexandra Judith Campbell (Defendant)

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  • 12/11/2018
  • DocketGeneral Denial; Filed by: Alexandra Judith Campbell (Defendant)

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  • 11/19/2018
  • DocketProof of Service by Substituted Service; Filed by: Sandra Berumen (Plaintiff); Sophia Pineda (Plaintiff); As to: Alexandra Judith Campbell (Defendant); Proof of Mailing Date: 11/15/2018; Service Cost: 59.00; Service Cost Waived: No

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  • 09/10/2018
  • DocketComplaint; Filed by: Sandra Berumen (Plaintiff); Sophia Pineda (Plaintiff); As to: Alexandra Judith Campbell (Defendant)

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  • 09/10/2018
  • DocketCivil Case Cover Sheet; Filed by: Sandra Berumen (Plaintiff); Sophia Pineda (Plaintiff)

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  • 09/10/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/10/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/10/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 09/10/2018
  • DocketNon-Jury Trial scheduled for 03/09/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/10/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 09/13/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC11582    Hearing Date: July 15, 2020    Dept: 26

Berumen, et al. v. Campbell, et al.

MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

(CCP § 428.50)

TENTATIVE RULING:

Defendant Alexandra Judith Campbell’s Motion for Leave to File Cross-Complaint is GRANTED. CROSS-COMPLAINT TO BE FILED WITHIN 20 DAYS’ NOTICE OF ORDER.

ANALYSIS:

On September 10, 2018, Plaintiffs Sandra Berumen and Sophia Pineda (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Alexandra Judith Campbell (“Defendant”). Defendant filed an Answer on December 11, 2018. Trial thereafter was continued multiple times.

Defendant filed the instant Motion for Leave to File Cross-Complaint on June 9, 2020. To date, no opposition has been filed.

Legal Standard

Code of Civil Procedure section 428.50 provides:

“(a) 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.

(b) Any other cross-complaint may be filed at any time before the court has set a date for trial.

(c) 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.”

(Code Civ. Proc., § 428.50.)

Furthermore, “[a] party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.” (Code Civ. Proc., § 426.50, emphasis added.)

The Court of Appeals has explained: “The legislative mandate is clear. A policy of liberal construction of section 426.50 to avoid forfeiture of causes of action is imposed on the trial court. A motion to file a cross-complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrated where forfeiture would otherwise result. Factors such as oversight, inadvertence, neglect, mistake or other cause, are insufficient grounds to deny the motion unless accompanied by bad faith.” (Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98–99.) “‘‘Bad faith,’ is defined as ‘[t]he opposite of ‘good faith,’ generally implying or involving actual or constructive fraud, or a design to mislead or deceive another, or a neglect or refusal to fulfill some duty or some contractual obligation, not prompted by an honest mistake . . ., but by some interested or sinister motive[,] . . . not simply bad judgment or negligence, but rather . . . the conscious doing of a wrong because of dishonest purpose or moral obliquity; . . . it contemplates a state of mind affirmatively operating with furtive design or ill will. [Citation.]’ [Citations.]’ [Citation.]” (Id. at 100.)  

Discussion

This Motion is brought pursuant to subdivision (c), which “addresses all other cross-complaints and provides that they can only be filed with leave of court which may be granted ‘in the interest of justice at any time during the course of the action.’ [Citation.]” (Code Civ. Proc., § 428.50, subd. (c).) Defendant moves for leave to file a Cross-Complaint against proposed Cross Defendant Katherine Goldsich (“Goldsich”) on the grounds that Goldsich “in whole or in part caused a portion of Plaintiffs’ claimed damages.” (Motion, Johnson Decl., ¶5.) The proposed Cross-Complaint alleges apportionment of fault, indemnification and declaratory relief against Goldsich. (Id. at Exh. A.)

The Motion minimally demonstrates that the proposed cross-claims against Goldsich arise from the same operative facts as the claims in the Complaint. Namely, all the claims arise out of the motor vehicle accident that occurred on September 17, 2016 involving Plaintiffs and Defendant. (Ibid.) There are nothing to show that Defendant’s request for leave to file the Cross-Complaint is brought in bad faith.

Based on the foregoing, Defendant’s Motion for Leave to File Cross-Complaint is GRANTED. The Cross-Complaint is to be filed within 20 days’ notice of order.

Moving party to give notice.