BLUE LOGAN VS 1999 SYCAMORE, LLC, ET AL.

Tentative Rulings

Case Number: *******6871 Hearing Date: September 24, 2021 Dept: 32

PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at sscdept32@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely.

TENTATIVE RULING

MOTION

Plaintiff Blue Logan (“Plaintiff”) sued Defendants 1999 Sycamore, LLC, Boulevard Nightlife Group, LLC, and Yamashiro (collectively, “Defendants”) based on injuries Plaintiff alleges he sustained when he tripped over a chain barrier across the driveway of a restaurant owned and operated by Yamashiro. Defendants contend that CurbStand, Inc. (“CurbStand”) provided the valet service for the restaurant on the night in question. Defendants assert a CurbStand employee put up the subject chain barrier. Defendants seek leave to file a cross-complaint against CurbStand. The motion is unopposed.

DISCUSSION

Per Code of Civil Procedure section 428.10, a party against whom a cause of action is asserted may file a cross-complaint to assert “[a]ny cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.” (Code Civ. Proc., ;428.10, subd. (b).) A party must obtain leave of court to file a cross-complaint if the party does not file the cross-complaint at the same time as the answer. The court may grant leave to file a cross-complaint in the interests of justice at any time during the course of the action. (Code Civ. Proc., ;428.10, subd. (c).)

Defendants seek leave to assert claims for indemnity against CurbStand. “Undoubtedly, a claim for contribution or indemnity ‘arises out of’ the same transaction or occurrence as the plaintiff's claim.” (Countrywide Home Loans, Inc. v. Superior Court (1999) 69 Cal.App.4th 785, 799.) The Court concludes it is in the interests of justice to resolve all issues regarding causation of the underlying incident in this action.

CONCLUSION AND ORDER

Therefore, the Court grants Defendants’ motion for leave to file a cross-complaint pursuant to Code of Civil Procedure section 428.10, subdivision (b), and orders Defendants to file and serve the proposed cross-complaint within 20 days of the hearing on the motion.

Defendants shall provide notice of this order and file a proof of service of such.