On 02/15/2017 SHAHIN S FATEMIAN filed a Personal Injury - Other Personal Injury lawsuit against GARFIELD PACIFIC DEVELOPMENT CO. This case was filed in Los Angeles County Superior Courts, Compton Courthouse located in Los Angeles, California. The Judge overseeing this case is MAURICE A. LEITER. The case status is Pending - Other Pending.
****0643
02/15/2017
Pending - Other Pending
Los Angeles County Superior Courts
Compton Courthouse
Los Angeles, California
MAURICE A. LEITER
FATEMIAN SHAHIN S.
THE BENDETTI COMPANY
GARFIELD PACIFIC DEVELOPMENT COMPANY
DOES 1 TO 25
NATIONWIDE UNIFORM GROUP INC
BENDETTI ROBERT
ROSS ROBERT S.
ROSS ROBERT STEVEN
MACKEY ROBERT THOMAS
EDWARDS KAMAU AYINDE ESQ.
LEONARD EDWARD RICHARD ESQ.
4/20/2017: Demand for Jury Trial
5/30/2017: Minute Order
9/22/2017: Notice of Ruling
10/16/2017: SECOND AMENDED COMPLAINT FOR 1. NEGLIGENCE, ETC
11/13/2017: ANSWER TO SECOND AMENDED COMPLAINT
11/17/2017: Unknown
11/17/2017: MOTION TO STRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT BY DEFENDANTS, GARFIELD-PACIFIC DEVELOPMENT CO., THE BENDETTI COMPANY, AND ROBERT BENDETTI;ETC.
1/16/2018: ORDER RE: MOTION TO STRIKE PORTIONS OF SECOND AMENDED COMPLAINT
2/6/2018: CROSS-COMPLAINT OF GARFIELDPACIFIC DEVELOPMENT CO., THE BENDETI?I COMPANY, AND ROBERT BENDETTI AGAINST NATIONWIDE UNIFORM GROUP, INC. FOR:
5/29/2018: Association of Attorney
6/7/2018: Substitution of Attorney
8/3/2018: Unknown
8/14/2018: Unknown
9/26/2018: Notice of Case Reassignment/Vacate Hearings
10/22/2018: Notice
11/26/2018: Minute Order
1/24/2019: Unknown
4/25/2019: Request for Judicial Notice
Request for Dismissal; Filed by Shahin S. Fatemian (Plaintiff)
Motion for Summary Judgment; Filed by Garfield Pacific Development Company (Cross-Complainant); The Bendetti Company (Defendant)
Separate Statement; Filed by Garfield Pacific Development Company (Cross-Complainant); The Bendetti Company (Defendant)
at 09:00 AM in Department A, Maurice A. Leiter, Presiding; Hearing on Motion to Quash (Subpoena for Production of Business Records and for a Protective Order, and Request for Sanctions amounting to $2,600.00)
at 09:00 AM in Department A, Maurice A. Leiter, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party
Notice of Deposit - Jury; Filed by Nationwide Uniform Group Inc (Cross-Complainant)
at 1:30 PM in Department 4; Hearing on Motion for Protective Order
at 1:30 PM in Department 4; Hearing on Motion for Protective Order
at 1:30 PM in Department 4; Hearing on Motion for Protective Order
at 08:30 AM in Department A, Maurice A. Leiter, Presiding; Post-Mediation Status Conference - Not Held - Taken Off Calendar by Court
NOTICE OF TAKING HEARING OFF CALENDAR DUE TO PLAINTIFF'S FILING OF FIRST AMENDED COMPLAINT
Answer; Filed by Nationwide Uniform Group Inc (Cross-Complainant)
Answer
Demand for Jury Trial; Filed by Nationwide Uniform Group Inc (Cross-Complainant)
Demand for Jury Trial
DEFENDANTS, GARFIELD-PACIFIC DEVELOPMENT CO. AND THE BENDETTI COMPANY'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES
Motion to Strike; Filed by Garfield Pacific Development Company (Cross-Complainant)
Complaint; Filed by Shahin S. Fatemian (Plaintiff)
COMPLAINT FOR 1. NEGLIGENCE; AND 2. LOSS OF CONSORTIUM
SUMMONS
Case Number: BC650643 Hearing Date: December 17, 2019 Dept: A
# 6. Shahin Fatemian, et al. v. Garfield-Pacific Development Co., et al.
Case No.: BC650643
Matter on calendar for: Motion for Leave to File Cross-Complaint
Tentative ruling:
Background
This is a premises liability action. Plaintiffs Shahin Fatemian and Shadin Fatemian allege defendants Garfield-Pacific Development Co., The Bendetti Company, and Robert Bendetti negligently maintained office space within industrial warehouses. The ceilings of the interior offices were approximately 8–10 feet above the floor and 5–10 feet below the warehouse roof. The office roofs were made of acoustic tile and overlaid, in some areas, with plywood. In December 2016, Shahin Fatemian fell through the office roof. Garfield owned the premises and the Bendetti Company was the property manager. At the time of the incident, the premises were leased to Nationwide Uniform Group, Inc.
The Second Amended Complaint (“SAC”) alleges the following causes of action:
Negligence; and
Loss of consortium
Defendant Nationwide Uniform Group, Inc., now moves to file a cross-complaint against Defendants Garfield-Pacific Development Co. and The Bendetti Company. An opposition and reply have been filed and considered. Although the motion also sought to cross-complain against Defendant Robert Bendetti individually, Nationwide’s reply abandons that request.
For the reasons set forth below, the Court grants the motion.
Standard
When a complaint is asserted against a party and that party wishes to respond with a cross-complaint, it must do so at or before the time to answer. (C.C.P., § 428.50(a).) Otherwise, the party must seek leave of the court. (C.C.P., § 428.50(c).) A party may file any other cross-complaint at any time before the case is set for trial. (C.C.P., § 428.50(b).) When a party fails to timely assert a cross-complaint, it must apply to the Court for leave to do so. (C.C.P., § 426.50.) If the party acted in good faith, the court must grant leave. (Ibid.)
Analysis
Nationwide’s proposed Cross-Complaint is an indemnity claim. Nationwide wishes to assert that its co-defendants are responsible for creating the conditions leading to Plaintiff’s injuries. The proposed Cross-Defendants argue the cross-complaint will cause delay and that Nationwide’s delay in bringing the cross-complaint is inexcusable. However, trial in this action is scheduled for June 1, 2020, a date that is still six months away.
Cross-defendants have not shown Nationwide to have exercised bad faith in bringing this motion. The motion for leave is granted.
Ruling
The motion for leave to file the Cross-Complaint is granted. Nationwide is to amend the Cross-Complaint to remove Robert Bendetti as a Cross-Defendant and file the Cross-Complaint within 10 days.
Next dates:
Notice: